The Judicial Apex: Understanding Belize's Final Court Of Appeal

what is the final court of appeal in belize

Belize's final court of appeal is the Caribbean Court of Justice (CCJ), which is located in Port of Spain, Trinidad and Tobago. The CCJ was established in 2001 and has two jurisdictions: original and appellate. In its original jurisdiction, the CCJ is an international court with exclusive jurisdiction in the interpretation and application of the revised Treaty of Chaguaramas. In its appellate jurisdiction, the CCJ hears appeals as the final court in both civil and criminal matters. Belize adopted the CCJ as its final court of appeal in 2010, replacing the Judicial Committee of the Privy Council in the United Kingdom.

Characteristics Values
Name Caribbean Court of Justice (CCJ)
Location Port of Spain, Trinidad and Tobago
Established 2001
Jurisdiction Original and Appellate
Belize's Final Court Since 2010
Previous Final Court British Privy Council
Number of Judges 4
President Resident Belizean
Other Judges 2 from the Commonwealth Caribbean

shunculture

Belize's final court of appeal is the Caribbean Court of Justice (CCJ)

Previously, the final court of appeal for Belize was the Judicial Committee of the Privy Council in the United Kingdom. However, in 2009, a constitutional amendment was introduced in the Belizean Legislature providing for the country's adoption of the CCJ as its final court of appeal, with an effective date of June 1, 2010. This change is officially documented in the Caribbean Court of Justice Act No 5 of 2010, which outlines the guidelines and procedures of the Court as it pertains to Belize.

The Court of Appeal of Belize, which was established under section 94 of the Constitution of Belize and Chapter 4 of the Laws of Belize, Revised Edition, 2000, continues to exercise its appellate jurisdiction. It has the power to hear and determine appeals in both civil and criminal matters. The Court of Appeal sits three times a year in March, June, and October, with each session lasting approximately three weeks. A panel of three judges presides over each hearing, and the court is currently composed of four judges, including the President, who is a resident Belizean, and three other judges, two of whom are from the Commonwealth Caribbean.

The Supreme Court of Judicature of Belize is another type of court in the country, serving as a court of original jurisdiction in civil and criminal cases as well as an appellate court. The Supreme Court consists of three judges: the Chief Justice, appointed by the Governor-General on the advice of the Prime Minister, and two other judges, known as Puisne Justices, appointed directly by the Prime Minister. The Supreme Court holds four sessions per year in each of Belize's three judicial districts, for a total of twelve sessions annually.

Cruise Ships Docking at Belize Port

You may want to see also

shunculture

The CCJ was established in Trinidad and Tobago in 2001

The Caribbean Court of Justice (CCJ) was established on the 14th of February 2001 in Port of Spain, Trinidad and Tobago. The CCJ is a hybrid institution, serving as both a municipal court of last resort and an international court. It was established by the Agreement Establishing the Caribbean Court of Justice, which was signed by 10 CARICOM states, with two further states signing on the 15th of February 2003, bringing the total number of signatories to 12. The CCJ has two jurisdictions: original and appellate.

In its original jurisdiction, the CCJ is an international court with compulsory and exclusive jurisdiction in the interpretation and application of the Revised Treaty of Chaguaramas. This treaty was signed in 2001, rebranding the Caribbean Community and Common Market to include the proposed CARICOM Single Market and Economy (CSME). The CCJ interprets and applies this treaty, acting as an international court with jurisdiction in all member states.

In its appellate jurisdiction, the CCJ hears appeals as the final court in both civil and criminal matters from member states that have replaced the jurisdiction of the Judicial Committee of the Privy Council (JCPC) with that of the CCJ. As of April 2023, Barbados, Belize, Dominica, Guyana, and St. Lucia are among the states that have made this switch. The CCJ thus serves as a municipal court of last resort, exercising an appellate jurisdiction and replacing the JCPC for Anglophone member states.

The establishment of the CCJ in Trinidad and Tobago was driven by the recognition that the legal matters arising in the Caribbean are distinct from those in the society, culture, and habits of the Judicial Committee of the Privy Council. The CCJ is intended to better serve the region's needs and provide a more accessible and affordable avenue for justice. Additionally, the CCJ's establishment aligns with the broader movement towards regional integration among the states of the Commonwealth Caribbean.

Belize's Capital: A Central American Gem

You may want to see also

shunculture

The Court of Appeal of Belize was established under section 94 of the Constitution

Belize's legal system is based on the common law of England and is adversarial in nature. The Court of Appeal of Belize was established under section 94 of the Constitution of Belize, and Chapter 4 of the Laws of Belize, Revised Edition, 2000. The judiciary, headed by the Chief Justice, is one of the three separate arms of the State. The Court of Appeal exercises an appellate jurisdiction with the power to hear and determine appeals in both civil and criminal matters.

The Court of Appeal sits three times a year in March, June, and October. The duration of each session depends on the caseload, with each session lasting three weeks. The first two weeks are primarily dedicated to hearing criminal appeals. A panel of three judges presides at any one time upon the hearing of any civil or criminal matter.

The Court of Appeal is made up of four judges: the President, who is a resident Belizean, and three other judges, two of whom are from the Commonwealth Caribbean. The President of the Court of Appeal is The Honourable Mme. Justice Minnet Hafiz Bertram.

The Supreme Court of Belize is a court of original jurisdiction in civil and criminal cases, as well as an appellate court. It is one of three types of courts in Belize, the lower ones being the Magistrate's Courts and the Court of Appeal. The Supreme Court consists of three judges: the Chief Justice, appointed by the Governor-General on the advice of the Prime Minister, and two other judges, known as Puisne Justices, appointed directly by the Prime Minister.

The Supreme Court holds four sessions per year in each of the three districts, for a total of twelve sessions. The country is divided into three districts for judicial purposes: the Northern District, the Central District, and the Southern District. This division allows for the participation of citizens as jurors from throughout the country, ensuring that accused persons are tried by their peers, a fundamental principle in the jury trial system.

shunculture

The Court of Appeal sits three times a year, in March, June and October

Belize's Court of Appeal was established under section 94 of the Constitution of Belize and Chapter 4 of the Laws of Belize, Revised Edition, 2000. It has the power to hear and determine appeals in both civil and criminal matters.

The Court of Appeal is made up of four judges: the President, who is a resident Belizean, and three other judges, two of whom are from the Commonwealth Caribbean. The current President of the Court of Appeal is The Honourable Mme. Justice Minnet Hafiz Bertram.

The Court of Appeal is the intermediary court between the Supreme Court of Belize and the Caribbean Court of Justice (CCJ), which is the final court of appeal for Belize. The CCJ was established in 2001 in Port of Spain, Trinidad and Tobago, and has both original and appellate jurisdiction. In its appellate jurisdiction, the CCJ hears appeals as the final court in both civil and criminal matters.

Belize's legal system is based on the common law of England and is adversarial in nature. The judiciary, headed by the Chief Justice, is one of the three separate arms of the State.

shunculture

The Court of Appeal is made up of four judges

The Court of Appeal in Belize was established under section 94 of the Constitution of Belize and Chapter 4 of the Laws of Belize, Revised Edition, 2000. It has the power to hear and determine appeals in both civil and criminal matters. The Court of Appeal sits three times a year in March, June, and October. Each session lasts three weeks, with the first two weeks primarily dedicated to hearing criminal appeals.

The Court of Appeal has appellate jurisdiction over both the High Court and the Magistracy. It hears appeals from decisions made by lower courts, such as the Magistrate's Courts, which are the lower courts in Belize. The Court of Appeal is an important part of Belize's legal system, which is initially based on the common law of England and is adversarial in nature.

The Court of Appeal's four judges are responsible for hearing and determining appeals, ensuring that justice is served and the law is upheld in Belize. They bring a diverse range of legal expertise and perspectives to the Court, with their backgrounds in Belizean and Commonwealth Caribbean law.

Frequently asked questions

The Caribbean Court of Justice (CCJ) is the final court of appeal in Belize. It was established in 2001 in Port of Spain, Trinidad and Tobago.

The CCJ has two jurisdictions: an original jurisdiction and an appellate jurisdiction. In its original jurisdiction, the CCJ is an international court with compulsory and exclusive jurisdiction in respect of the interpretation and application of the revised Treaty of Chaguaramas.

In its appellate jurisdiction, the CCJ hears appeals as the final court in civil and criminal matters. Barbados, Belize, and Guyana have acceded to it as their final court as of 2011.

Permission to appeal to the CCJ must be sought from the Belize Court of Appeal. Some appeals are granted as of right, while others may require leave of the Court. The CCJ stipulates certain conditions that must be met for granting leave to appeal.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment