The courts for the administration of justice in the Territory are the Supreme Court, the Court of Appeal and the Magistrates' Court [Courts Ordinance 1983 section 2]
The Magistrates' Court has jurisdiction to hear both criminal and civil cases. It sits in the Territory in such buildings as the Chief Justice designates. A single Magistrate hears cases. The officer in command of the Royal Navy contingent on Diego Garcia is normally appointed the resident Magistrate. There is also a legally qualified Senior Magistrate who is resident in the United Kingdom.
The Supreme Court has jurisdiction to hear both criminal and civil cases and is similar in status to the High Court in England. It also hears appeals from the Magistrates' Court or any other body. The Judge of the Supreme Court is the Chief Justice. The court may sit in the United Kingdom [BIOT Constitution Order 2004 section13(4)].
There is a right of appeal from both civil and criminal decisions of the Supreme Court to the Court of Appeal. The Court of Appeal is established by Order in Council [BIOT (Court of Appeal) Order 1976]. The judges of the Court of Appeal are a President and two or more Justices of Appeal. It may sit in the Territory or elsewhere as directed by the President.
Final appeal lies to the the Judicial Committee of the Privy Council [BIOT (Appeals to Privy Council) Order 1983].
Page last updated: 17 November 2020