Supreme Court of Tonga

This article is about the superior court in Tonga. For the highest appellate court in Tonga, see Court of Appeal of Tonga.

The Supreme Court of Tonga is the superior court in Tonga. It hears criminal and civil cases and acts as an appellate court for Tonga's inferior courts, the Magistrates' Courts.

Jurisdiction

The Supreme Court can hear appeals as of right from any judgment or decision of the Magistrates' Courts.

The Supreme Court has original jurisdiction to try civil matters when the amount in dispute exceeds T$500 and in all matters of divorce, probate and admiralty. It can try any criminal offence that is indictable as well as summary conviction offences that carry a maximum penalty more than T$500 and/or two years' imprisonment. The Supreme Court cannot hear appeals from the Land Court.

Appeals from decisions of the Supreme Court may be heard by the Court of Appeal, which is the final court of appeal for most matters.

Structure

The Supreme Court is headed by the Lord Chief Justice of the Supreme Court; the court usually has one other Supreme Court justice. (The Chief Justice of the Supreme Court is not the Chief Justice of Tonga—this position is held by the President of the Court of Appeal. However, in practice, the position is usually held by the same person.) The justices are appointed by the monarch and are usually foreign nationals from Commonwealth jurisdictions. Supreme court justices are appointed for two-year terms, which are renewable.

References

Jennifer Corrin-Care, Tess Newton and Don Paterson Introduction to South Pacific Law (Cavendish Publishing Ltd: London, 1999).

External links

Tonga Court System Information, paclii.org
The Tongan Judicial, Tonga Government Portal

This article is issued from Wikipedia - version of the 2/15/2013. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.