The Caribbean Court of

Justice versus the Privy

Council as the final Appellate
Court
Are the CCJ and /or the public
adequately prepared for this
paradigm shift in our justice
system?

Objectives
To assess the capacity and suitability of The CCJ

as the final Appellate Court for Jamaica.

To highlight and analyse the arguments for and

against the establishment of The CCJ.

To assess whether Jamaica is ready to replace the

Privy Council with the CCJ.

Introduction to The Caribbean Court

of Justice (CCJ) and The Privy Council

What is The CCJ?

A regional Court within the Caribbean.
Was formally established by the Agreement

Establishing The Caribbean Court of Justice signed

by Caricom States on February 14, 2001.
Headquartered in Port-0f-Spain Trinidad
It is a travelling court Travels to member states

to hear disputes
Began its operations on April 16, 2005

What is The CCJ?

Has two functions
Original Jurisdiction adjudicates or hear disputes on

matters concerning the CSME and RTC

Appellate Jurisdiction - Final Court of Appeal for CARICOM

member states who have adopted it as such

What is The Privy Council?

The final appellate court for UK overseas territories

as well some former Colonies of England

Has been around for centuries
The current Constitution of the Privy Council is

governed by The Judicial Committee Act of 1833

Its judges also include members of the Supreme

Court of England and Wales

What is The Privy

Council?
Currently hear Appeals from 27 Countries

Countries that have abolished

appeals to the Privy Council
South Africa
Nigeria
Canada
Australia
New Zealand
Guyana
Barbados
Belize
Dominica

The Capacity and Suitability of the CCJ to become Jamaicas final Appellate Court

Key Considerations include

The Competence and Efficiency of the Court
Access to Justice
The Ability of The Court to be fair and impartial

The Competence and efficiency of

The CCJ
Factors Affecting this include:
Qualifications and experience of the Judges
The ability of the Court to deal with its growing

membership in relation to member states

adopting it as their final court of Appeal
The ability of the Court to provide well-reasoned

judgments in a timely manner

CCJ and access justice

Cost of a trial
Physical Access to the Court
The ability to retain counsel locally
Elizabeth Ross v Coreen Sinclair (2008)

CCJ Appeal No. CV 13 of 2007 CCJ Appeal

No. CV 13 of 2007
Case demonstrates ease of access to the
court

The ability for the Court to be fair

and impartial
The CCJ Judges are from CARICOM member states,

The UK and The Netherlands

Judicial Code of Conduct adopted on July 25, 2013

Arguments for the CCJ

Development of Commonwealth Caribbean

Jurisprudence
Greater access to justice
Cost effective
CCJ Judges more familiar with the social and

cultural context in which member states operate

Arguments against the

CCJ
The potential for Political interference
Lack of Experience
Perceived inferiority of Caribbean Judges to UK

Judges

Is Jamaica ready to replace the Privy

Council with the CCJ?
The CCJ is competent
The CCJ has the resources
Public Education needed
Some Jamaicans compare the CCJ to CARICOM
Referendum may be required
Persons may however vote along party lines and
not issues