The judiciary of Gibraltar is a branch of the

Government of Gibraltar His Majesty's Government of Gibraltar is the democratically elected government of the British Overseas Territory of Gibraltar. The head of state is King Charles III who is represented by the Governor. Elections in Gibraltar are held every four ...

that interprets and applies the law of Gibraltar, to ensure

equal justice under law Equal justice under law is a phrase engraved on the West Pediment, above the front entrance of the United States Supreme Court building in Washington D.C. It is also a societal ideal that has influenced the American legal system. The phrase w ...

, and to provide a mechanism for

dispute resolution Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term ''dispute resolution'' is '' conflict resolution'' through legal means. Prominent venues for dispute settlement in international law incl ...

. The legal system of Gibraltar is based on

English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

and is a mix of

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

and

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

. The hierarchical system of courts includes a

magistrates' court A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...

, a

supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

and a non-resident

appellate court An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ...

Judicial Committee of the Privy Council

The highest

court of appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

for Gibraltar is the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...

, able to hear appeals from the Gibraltar Court of Appeal.

European Court of Justice

In relation to matters of

European Community Law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...

, the

European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...

is the highest authority.

European Court of Human Rights

Court of Appeal

The next highest court is the Court of Appeal for Gibraltar. This court is composed of an odd number of judges not fewer than three. The Chief Justice is an

ex-officio An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term ''List of Latin phrases (E)#ex officio, ex officio'' is Latin, meaning literally 'from the off ...

member of the Court of Appeal but may not hear appeals of his own decisions.

Presidents of the Court of Appeal

* 1970–1983: Sir Alastair Forbes * 1983–1991: Sir John Spry * 1991–1997: Sir John Fieldsend * 1998–2003: Sir Brian Neill * 2003–2004: Sir Iain Glidewell * 2005–2006: Sir Christopher Staughton * 2007–2011: Sir Murray Stuart-Smith * 2011–2015: Sir Paul Kennedy * 2015–present: Sir Maurice Kay

Supreme Court of Gibraltar

The Supreme Court is composed of four judges — the Chief Justice and a further three

puisne judge Puisne judge and puisne justice () are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, (since, later) and (born) which have been combined as or ; meaning ...

s appointed by the

Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

. The Court hears civil and

criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...

proceedings, including Family Jurisdiction,

Court of Protection The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisio ...

, Admiralty Jurisdiction and Ordinary (

Chancery Chancery may refer to: Offices and administration * Court of Chancery, the chief court of equity in England and Wales until 1873 ** Equity (law), also called chancery, the body of jurisprudence originating in the Court of Chancery ** Courts of e ...

) Jurisdiction. The Supreme Court hears appeals from the Magistrates' Court.

Subordinate courts

The lower courts are the Coroner's Court and the

Magistrates' Court A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...

— this court hears mainly criminal and family cases. Below the Magistrates' Court, there are also tribunals for

social security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...

tax A tax is a mandatory financial charge or levy imposed on an individual or legal entity by a governmental organization to support government spending and public expenditures collectively or to regulate and reduce negative externalities. Tax co ...

and

employment Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...

matters.

New buildings

New courts were opened in September 2012 by the Minister of Justice Gilbert Licudi. The new purpose-built building houses seven courts, one for a coroner, two for magistrates and four courtrooms for the Supreme Court.

References

External links

Gibraltar Courts Service

Organisation of Justice in Gibraltar
(pdf) {{Judiciaries of Europe Gibraltar, Court system of Law of Gibraltar

Gibraltar Gibraltar ( , ) is a British Overseas Territories, British Overseas Territory and British overseas cities, city located at the southern tip of the Iberian Peninsula, on the Bay of Gibraltar, near the exit of the Mediterranean Sea into the A ...

British Overseas Territories courts