The judicial system of Gibraltar is based
entirely on the English system, except for minor modifications which are required because
of its peculiarities.
There is a Magistrates' Court presided over by a Stipendiary Magistrate or, in his
absence, by lay Magistrates.
The Supreme Court of Gibraltar has a criminal jurisdiction similar to that of the English
Crown Court, and a civil jurisdiction which is equivalent to that of the
English High Court.
There is also a Court of Appeal for Gibraltar, which is not resident, but holds three
sessions each year. The Justices of Appeal are in the main, drawn from the English Court
of Appeal.
In the Supreme Court, criminal trials are by Jury whilst in civil cases Judges usually sit
alone. There are two Judges, one of whom is the Chief Justice, and so, head of the
Judiciary.
The legally qualified Registrar of the Supreme Court also holds the office of Admiralty
Marshal. The admiralty jurisdiction of the Supreme Court of Gibraltar is known in the
shipping world internationally, and deals with a considerable volume of work. On account
of the work of the Admiralty Marshal through the years, the Port of Gibraltar has a
reputation as a good place at which to be arrested.
There are 98 lawyers at present practising in Gibraltar. Of the barristers on the Roll, 8
are Queen's Counsel. The Gibraltar Bar has a Code of Practice, and the affairs of the
profession are administered by the Gibraltar Bar Council.
The legal adviser to the Crown is the Attorney General. He combines the functions of
Attorney General and Director of Public Prosecution and is also an ex officio member of
the House of Assembly. The Attorney General's Chambers have a number of Crown Counsel.
There also exists a Legislation Support Unit, created for the purpose of legislative
drafting, which is staffed by suitably qualified persons.
LAW ENFORCEMENT:
Law enforcement is principally in the hands of the Royal Gibraltar Police Force and Gibraltar Customs. The Force
is the oldest established British Force outside the United Kingdom, and it operates both
in the city and in the bay.
Gibraltar Customs controls all entry
points into Gibraltar, ie the land frontier, airport and sea points. In addition, it
undertakes shore patrols, and is responsible for controlling imports and exports, and for
collecting import duties. Like the police, customs also patrol the bay with their own
marine section.
Both the Royal Gibraltar Police and Gibraltar Customs work closely with their counterpart
organisations in other countries in all matters of crime prevention, and are particularly
active in the international battle against drug trafficking. |
