JOB PROFILE
for the office of
CHIEF JUSTICE of the FALKLAND ISLANDS
Position: Chief Justice of the Supreme Court for the Falkland Islands
Appointment: Crown appointment, by the Governor of the Falklands Islands on instructions given by Her Majesty through a Secretary of State
Salary: £130,875 pa paid pro rata
QUALIFICATIONS FOR APPOINTMENT
- An applicant for the office of Chief Justice must be, or have been,a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in Ireland, or of a court having jurisdiction in appeals from any such court; or
- Be entitled to practise as an advocate in such a court and has been entitled for not less than ten years to practise as an advocate or as a solicitor in such a court.
GENERAL DESCRIPTION
The Chief Justice is the non-resident judge of the Supreme Court for the Falkland Islands. The Supreme Court is a court of record with unlimited civil and criminal jurisdiction and appellate jurisdiction from the lower courts. The volume of cases is low but increasingly varied and complex and demands a broad band of legal and administrative knowledge. The Chief Justice is likely to be required to visit the Falkland Islands at least twice a year and must be readily available at other timesby telephone and e-mail to deal with case management issues, interlocutory and ex parte matters when not in the Falkland Islands. It is a common law jurisdiction and the Falkland Islands have a written constitution. A legislative revision and law reformprogramme is underway and will bring about changes in practice and procedures in the courts. The Chief Justice will be required to take an active part in making new court rules and issuing new practice directives. He or she will also have to be available forconsult with advisory bodies in the Falklands Islands.
COURT ADMINISTRATION
The Head of Courts and Tribunals Service is Registrar to the Supreme Court and is a qualified lawyer and resident in the Falkland Islands. He or she acts as clerk to the court at sittings of the Supreme Court and deals with day to day administration and correspondence for the Supreme Court. There is also a court assistant. The current assistant is a studying for a law degree.
The Senior Magistrate is also resident in the Falkland Islands and is appointed an acting Supreme Court judge and as such normally deals with civil interlocutory and pre-trial matters, uncontested divorce (including ancillary relief) proceedings. After consultation with the Chief Justice the Senior Magistrate may, as acting Supreme Court judge, also be appointed to hear any other matters.
OUTLINE OF DUTIES
- To preside over the Supreme Court and:
a)To try criminal cases triable on indictment. Few offences are triable on indictment and jury trials are rare. The procedure is broadly that of the Crown Court in England. Most criminal cases are tried summarily in the Magistrate’s Court by the Senior Magistrate who has unlimited sentencing powers. The Summary Court (lay Justices of the Peace) also hears summary cases;
b)To exercise the civil jurisdiction of the Court in cases that exceed the jurisdiction (presently where a sum not exceeding £50,000 is in dispute and certain jurisdiction in relation to land) of the Senior Magistrate. The Civil Procedure Rules do not apply and the procedure is pre-Woolf reforms (Supreme Court Practice 1965). Also, to hear matrimonial and other family proceedings;
c)To exercise appellate jurisdiction, applying Court of Appeal procedure but as sole judge, over decisions of the Magistrate’s Court and Summary Court;
d)To review and hear appeals of bail decisions from the Magistrate’s or Summary Courts;
e)To hear applications for judicial review, including those from the Coroner’s Court; and
f)To hear applications for redress of contravention of the Constitution of the Falkland Islands.
4. To advise and consult with the Senior Magistrate on the training and education of court staff.
5. To advise and consult, in conjunction with the Senior Magistrate, with the Head of Courts and Tribunal Service on the training of the lay Justices of the Peace and the development of court services and facilities (e.g. witness service). 6. To advise and consult with the Senior Magistrate and Attorney General as to legislation concerning the courts, rules of court and directives on practice and procedure and the development of professional standards for legal practitioners.
7. To act as president of the Criminal Justice Council (a statutory body) and to receive its adviceon criminal procedure rules and sentencing guidelines.
8. To assist in the development ofastatutory justice improvement group on law reform.
9. To sit ex officio as a member of the Court of Appeal for the Falkland Islands (except to determine appeals from his or her own decision).
SPECIAL FEATURES
In the small society of the Falkland Islands the private and public life of the office holder must instil respect for the individual and confidence in the independence and impartiality of the Court. The Chief Justice is the effective head of the judiciary in the Falklands Islands and will be expected to adhere to a Code of Judicial Conduct and observe the 7 principles of public life.
There is a statutory requirement for the Supreme Court to sit in the Falkland Islands except when dealing with matters in chambers. There are provisions allowing a judge to deal with matters by electronic means in limited circumstances.
Cases often require a more proactive approach from the bench than is usual in England and Wales. There is currently no on-line facility for researching the laws of the Falkland Islands but the courts maintain a small legal library and subscribe to LexisNexis. The normal hours for court sittings are 9am and 12 noon and 1pm to 4.30pm but during the visit of the Chief Justice time constraints may be such that the court would be required to sit outside the normal hours and on Saturdays. In most cases coming before the Supreme Court English Counsel are instructed and the duration of any hearing will be constrained by the Chief Justice’s and Counsels’ flight schedules.
THE LAW OF THE FALKLAND ISLANDS
Unlike the United Kingdom, the Falkland Islands has a written Constitution. This incorporates provisions as to "fundamental rights and freedoms of the individual" and any locally made law which is inconsistent with those provisions of the Constitution is, to the extent of the inconsistency, void. Constitutional questions, including alleged infringements of the fundamental rights and freedoms provisions of the Constitution are determined by the Supreme Court. Certain parts of the Constitution have similarities to the provisions of the Human Rights Act 1998, which does not apply in the Falkland Islands.
The common law of England from time to time (including the rules and doctrines of equity) applies in the Falkland Islands subject to statute.
"Statute" above includes -
a)United Kingdom Acts which, by their own terms, or by Order in Council, apply to the Falkland Islands or which have been adopted by local legislation (Ordinances);
b)United Kingdom Orders in Council applying to the Falkland Islands;
c)Falkland Islands Ordinances; and
d)Subsidiary legislation made under Falkland Islands Ordinances
The Falkland Islands Legislative Assembly has extensive legislative power. There is a considerable number of Ordinances in force, together with subsidiary legislation made under such Ordinances. Many Ordinances are based on equivalent English statutory provisions, but some, (including those relating to real property) are widely different from those in force in England.
Responsibilities in other Jurisdictions
In addition to the jurisdiction of the Falkland Islands the Chief Justice will also be appointed as the Chief Justice of South Georgia and South Sandwich Islands, the British Indian Ocean Territory and the British Antarctic Territory.
Cases arising in the court of the South Georgia and South Sandwich Islands are dealt under the Administration of Justice Ordinance 1949 and the Falkland Islands Courts (Overseas Jurisdiction) Order 1989. As an example for several years a substantial proportion of the cases dealt with by the Chief Justice have been related to legislation governing fisheries and conservation in South Georgia and South Sandwich Islands.
Though not called to do so in recent years, in the event that the Chief Justice is required to convene, Courts of the British Indian Ocean Territory and the British Antarctic Territory are empowered to sit and conduct their work in the United Kingdom.