Establishment of Supreme Court
80.1
There shall be for Barbados a Supreme Court of Judicature, consisting of a
High Court and a Court of Appeal, with such jurisdiction, powers and authority
as may be conferred upon those Courts respectively by this Constitution or any
other law.
80.2
The judges of the Supreme Court shall be the Chief Justice and such number of
Puisne Judges as may be prescribed by Parliament.
80.3
No office of Puisne Judge shall be abolished while there is a substantive
holder thereof.
80.4
The Supreme Court shall be a superior court of record and, save as otherwise
provided by Parliament, shall have all the powers of such a
court.
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Appointment of Judges
81.1
The Chief Justice shall be appointed by the Governor General, by instrument
under the Public Seal, on the recommendation of the Prime Minister after
consultation with the leader of the Opposition.
81.2
The Puisne Judges shall be appointed by the Governor General, by instrument
under the Public Seal, acting in accordance with the advice of the Judicial and
Legal Service Commission.
81.3
The qualifications for appointment as a Judge shall be such as may be
prescribed by any law for the time being in force:
Provided that a person who has been appointed as a Judge may continue in
office notwithstanding any subsequent variations in the qualifications so
prescribed.
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Acting Judges
82.1
If the office of Chief Justice is vacant or if the holder thereof is
performing the functions of the office of Governor General or is for any other
reason unable to perform the functions of his office, then, until a person has
been appointed to that office and assumed its functions or, as the case may be,
until the holder thereof has resumed those functions, they shall be performed by
such other person, qualified under section 81(3) for appointment as a Judge, as
the Governor General, acting on the recommendation of the Prime Minister, may
appoint to act as Chief Justice by instrument under the Public
Seal.
82.2
If the office of a Puisne Judge is vacant, or if any such Judge is appointed
to act as Chief Justice or is for any reason unable to perform the functions of
his office, or if the Chief Justice advises the Governor General that the state
of business of the Supreme Court so requires, the Governor General, acting in
accordance with the advice of the Judicial and Legal Service Commission, may, by
instrument under the Public Seal, appoint a person qualified under section 81(3)
for appointment as a Judge to act as a Judge, and any person so appointed shall
continue to act until his appointment is revoked by the Governor General, acting
in accordance with the advice of the Judicial and Legal Service
Commission.
82.3
A person may be appointed under the provisions of this section to act as
Chief Justice or other Judge notwithstanding that he has attained the age at
which that office is required by section 84(1) to be vacated by the holder
thereof.
82.4
Any person so appointed may, notwithstanding that the period of his
appointment has expired or his appointment has been revoked, sit as a Judge for
the purpose of delivering judgment or doing any other thing in relation to
proceedings which were commenced before him while he was acting as
such.
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Oaths to be taken by Judges
83.
A Judge shall not enter upon the duties of his office until he has taken and
subscribed the oath of allegiance and the judicial oath in the form set out in
the First Schedule.
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Tenure of office of Judges
84.1
Subject to the following provisions of this section, a person holding the
office of a Judge shall vacate office when he attains the age of sixty five
years:
Provided that the Governor General, acting in the case of the Chief Justice
on the recommendation of the Prime Minister or in the case of any other Judge in
accordance with the advice of the Judicial and Legal Service Commission, may
permit a Judge who attains the age of sixty five years to continue in office
until he has attained such later age, not exceeding sixty seven years, as may
have been agreed between the Governor General and that Judge.
84.2
Notwithstanding that he has attained the age at which he is required by the
provisions of this section to vacate his office, a person may sit as a Judge for
the purpose of delivering judgment or doing any other thing in relation to
proceedings which were commenced before him before he attained that
age.
84.3
A Judge may be removed from office only for inability to discharge the
functions of his office (whether arising from infirmity of body or mind or any
other cause) or for misbehavior, and shall not be so removed except in
accordance with the provisions of subsection (4).
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84.4
A Judge shall be removed form office by the Governor General, by instrument
under the Public Seal, if the question of the removal of that Judge form office
has, at the request of the Governor General, made in pursuance of subsection
(5), been referred by Her majesty to the Judicial Committee of Her Majesty's
Privy Council and the Judicial Committee has advised Her Majesty that the Judge
ought to be removed from office for inability as aforesaid or for
misbehavior.
84.5
If the Prime Minister (in the case of the Chief Justice) or the Chief Justice
after consultation with the Prime Minister (in the case of any other Judge)
advises the Governor General that the question of removing a Judge form office
for inability as aforesaid or for misbehavior ought to be investigated, then
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the Governor General shall appoint a tribunal which shall consist of a
Chairman and not less than two other members selected by the Governor General
in accordance with the advice of the Prime Minister (in the case of the Chief
Justice) or of the Chief Justice (in the case of any other Judge) from among
person who hold or have held office as a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of the Commonwealth or
a court having jurisdiction in appeals from any such court:
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that tribunal shall enquire into the matter and report on the facts thereof
to the Governor General and advise the Governor General whether he should
request that the question of the removal of that Judge should be referred by
Her Majesty to the Judicial Committee: and
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if the tribunal so advises, the Governor General shall request that the
question should be referred accordingly.
84.6
The provisions of the Second Schedule shall apply in relation to tribunals
appointed under subsection (5).
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84.7
If the question of removing a Judge from office has been referred to a
tribunal appointed under subsection (5), the Governor General, acting in
accordance with the advice of the Prime Minister (in the case of the Chief
Justice) or of the Chief Justice after the Chief Justice has consulted with the
Prime Minister (in the case of any other Judge), may suspend the Judge from
performing the functions of his office.
84.8
Any such suspension may at any time be revoked by the Governor General,
acting in accordance with the advice of the Prime Minister or the Chief Justice
(as the case may be), and shall in any case cease to have effect -
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if the tribunal advises the Governor General that he should not request
that the question of the removal of the Judge from office should be referred
by Her Majesty to the Judicial Committee: or
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the Judicial Committee advises Her Majesty that the Judge ought not to be
removed from office.
84.9
The provisions of this section shall be without prejudice to the provisions
of section 82(2).
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