LAW & LEGAL SYSTEMS

LAW 1010
Ms Emma Perot
emma.perot@sta.uwi.edu

Slides based on materials created by Dr Jewel Amoah

Worksheets created by Prof. Rose-Marie Belle Antoine
SPECIALISED COURTS
 THE CONCEPT OF SPECIALISED COURTS

• ‘Specialised courts’ is a lose term that may refer to individual

specialised courts, or to specialized jurisdiction within an ordinary
court
• Example: A magistrates’ court may deal with juvenile matters
• Specialised courts and tribunals emerged due to the need for
adjudicative bodies which would give separate attention and
expertise to certain matters that could not be properly addressed in
ordinary courts of law
 WHY DO WE HAVE
SPECIALISED COURTS?
• Large number of matters in the same legal area e.g. tax cases –
used to address backlog
• Need to simplify certain procedures e.g. in family cases where
children are involved in proceedings
• Some areas may go beyond strict legal rules e.g. industrial
relations, juvenile issues
• Specific knowledge – judges and personnel can be trained to deal
with certain technical areas of law e.g. intellectual property. This
should reduce the number of appeals.
 WHAT ARE THE DIFFICULTIES IN
INTRODUCING SPECIALISED
COURTS?
• Time consuming
• Financial difficulty - training and facilities needed
• While special provisions may be made in certain areas of law, the
practice may not always reflect these provisions e.g. children may
be remanded with adults
 TYPES OF SPECIALISED
COURTS AND
TRIBUNALS:
• Family courts
• Juvenile Courts/ Children Court
• Divorce courts
• Industrial courts
• Administrative courts
• Income tax appeal boards
 CHILDREN COURT
TRINIDAD AND TOBAGO
http://www.jcp.tt/about/project_overview

• The Children Court was established in 2018

• It was established by the United States Agency for International
Development, the United Nations Development Program and the
TT Judiciary: together they formed the TT Juvenile Court Project
(JCP)
• It is a sub-division of the Family and Children Division of the High
Court (Family Court established in 2004
http://www.ttlawcourts.org/index.php/family-court-41/overview)
 JUVENILE COURT
PROJECT (JPC)
3 components:
1. Development of Children Courts
2. Peer Resolution
3. Public Education around project initiatives and related juvenile
justice issues
 DEVELOPMENT OF
CHILDREN COURT
Why?
No dedicated courts with appropriate mechanisms and supporting
social services to ensure speedy and efficient resolution of cases and
access to intervention programmes for children and families
 WHAT MATTERS CAN THE
CHILDREN COURT HEAR?
• Children charged with crime
• Care
• Drug use
• Mental health
• Child is victim or bystander and Court has issued a Protection
Order which is enforced under the Domestic Violence Act
 AIMS OF THE CHILDREN
COURT
• Support rehabilitation of children who come into conflict with the
law
• Apply principles of restorative justice
• Assess needs of child – risk, social, medical
• Investigate child’s background and environment to determine best
solution for child
• Access to social services and programmes to reduce possibility of
re-offending
• Support reintegration of child offenders back into society while
providing justice for victims and upholding public safety
 INDUSTRIAL COURTS

https://industrialcourt.org.tt/about-us/history

• Industrial Stabilization Act, 1965 - introduction of compulsory

arbitration for labour disputes in Trinidad & Tobago
• Later replaced by the Industrial Relations Act, 1972
• Act was an attempt to stop the deterioration in the industrial
relations climate and high level of strikes
• 1960- 1964: 230 strikes
 WHY WERE INDUSTRIAL
COURTS INTRODUCED?
• Ordinary courts were not doing a good job in addressing industrial
issues
• Courts refused to recognize collective labour activities as valid
• Industrial Court and special laws (Industrial Relations Act - IRA)
and legal procedures introduced to address attitude of the courts
and general strife in society
 INDUSTRIAL COURTS
• Industrial courts are characterized by the principles and practices of
good industrial relations
• Take into consideration the principles of equity and good conscience
in examining the substantial merits of a case
• Legal techniques are not prioritized, but instead the requirements of
human relations take precedence
 JURISDICTION OF INDUSTRIAL COURTS

• To hear and determine trade disputes

• To register collective agreements and to hear and determine
matters relating to the registration of such agreements
• To enjoin a trade union or other organization or workers or other
persons or employer from taking or continuing industrial action
• To hear and determine proceedings for industrial relations
offences under the IRA
• To hear and determine any other matter brought before it, pursuant
to the provisions of the IRA
 JURISDICTION OF INDUSTRIAL COURTS

• Court is also guided by unique considerations such as necessity to

maintain high level of domestic capital accumulation with a view to
increasing the rate of economic growth, employment, opportunity,
productivity, inflation, balance of trade and T&T’s global financial
competitiveness
• Court has wide powers related to remedies - can order reinstatement for
dismissed workers Court has power to inquire into circumstances of
dismissal to determine if it was lawful - in accordance with common law
principles of dismissal and natural justice
• Individuals do not have standing before the Industrial Court - they are
represented by their union
 EFFECTIVENESS OF INDUSTRIAL COURT

• Industrial Courts have contributed to the development of law in

industrial relations and have made relief in such matters more accessible
• Specialisation creates its own problems in terms of backlog
• Jorsingh v Trinidad & Tobago - failure of Industrial Court to deliver a
judgment after 6 ½ years constituted a violation of appellant's
constitutional rights
• Industrial courts are limited in that they focus on unionized employees
and not all workers