Courts Act

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

Later amending instruments held: Finance (Miscellaneous Provisions) Act 2018 (Act No 11 of 2018), Judicial and Legal Provisions (No. 2) Act 2018 (Act No 14 of 2018), Judicial and Legal Provisions Act 2018 (Act No 3 of 2018), Courts (Amendment) Act 2020, Covid-19 (Miscellaneous Provisions) Act 2020, Finance (Miscellaneous Provisions) Act 2021 (Act No 15 of 2021), Anti-Money Laundering and Combatting the Financing of Terrorism and Proliferation (Miscellaneous Provisions) Act 2024 (Act No. 10 of 2024), Courts (Amendment) Act 2025 (Act No. 27 of 2025), Financial Crimes Commission (Miscellaneous Provisions) Act 2025, Anti-Money Laundering, Combatting the Financing of Terrorism and Countering Proliferation Financing (Miscellaneous Provisions) Act 2026 (Act No. 3 of 2026).

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Sections

1. 1 Short title
2. 2 Interpretation
3. PART II: THE SUPREME COURT
4. 3 Constitution
5. 5 Vacancies
6. 7 Powers, precedence and office of Judges
7. 8 Seal
8. 9 Sittings
9. 10 Place of sittings
10. 11 Adjournment of Court
11. 12 Right of audience
12. 13 Supreme Court open at all times
13. 14
14. 15 Powers of Supreme Court
15. 16 Supreme Court – a Court of Equity
16. 17 Jurisdiction and process
17. 17A Mediation
18. 18 Disciplinary powers
19. 18A Innocent publication and distribution
20. 18B Proceedings in private
21. 18C Powers of Supreme Court in cases of contempt
22. 18D Contempt in face of Court inserted by Act No 3 of 2018
23. PART II: THE SUPREME COURT
24. 19 Master and Registrar
25. 20 Deputy to Master and Registrar
26. 21 Taxation by Chief Clerk
27. 22 Delegation of other powers of Master and Registrar
28. 23 Minutes of proceedings
29. 24 Shorthand notes
30. 31 Interpreters
31. 32 Other officers of Court
32. 33 Officers under control of Chief Justice
33. 34 Civil jurisdiction of Supreme Court
34. 35
35. 36 Quorum of 2 or more Judges
36. 37 Difference of opinion between 2 Judges
37. 38 Criminal business of Supreme Court
38. 39 Case before 3 or 5 Judges
39. 40 Criminal and civil sittings
40. 41 Divisions of Supreme Court inserted by Act No 9 of 2020
41. 41A Financial Crimes Division of Supreme Court inserted by Act No 9 of 2020
42. 41B Land Division of Supreme Court inserted by Act No 9 of 2020
43. 41C Family Division of Supreme Court inserted by Act No 9 of 2020
44. 41D Commercial Division of Supreme Court inserted by Act No 9 of 2020
45. 41AA Fair and timely determination before Financial Crimes Division of inserted by The Anti-money Laundering, Combatting the Financing of Terrorism and Countering Proliferation Financing (Miscellaneous Provisions) Act
46. 41AA Fair and timely determination before Financial inserted by Act No 3 of 2026
47. PART II: THE SUPREME COURT
48. 42 Trial by jury
49. 43 Penalty for non-attendance by jury
50. 44 Drawing of jurors to serve
51. 45
52. 46 Challenge of jurors
53. 47 Oath by jurors
54. 48
55. 49 Giving the accused in charge
56. 50 Presiding Judge to sum up case
57. 51 Verdict
58. 52
59. 53
60. 54 Communication by or with juror
61. 55 Bribes offered to or accepted by juror
62. 56 Law of England to decide procedure
63. 57 Jurors to know English
64. 58 Illness of accused
65. 59 Absence of a juror
66. 60
67. 61 Jurors to attend adjournments
68. 62 Bankruptcy Division of Supreme Court
69. 63 Judge of Bankruptcy Division
70. 64 Custody of records
71. 65 Registrar of Bankruptcy Division
72. 66
73. 67 Power to make rules
74. 68 Attendance of Ministère Public
75. 68A Reference to Ministère Public optional
76. 69 Appellate jurisdiction of Supreme Court
77. 70
78. 70A Appeals to Judicial Committee in criminal matters
79. 70B Frivolous appeals
80. 71 Matters disposed of by Judge in Chambers
81. 73 Power to grant an injunction
82. 74 Rule or summons to show cause
83. 75 Record of Judge’s orders made in Chambers
84. 76
85. 76A Time for appeal
86. 77 Summons to witness inserted by Act No 3 of 2018
87. 78 Witnesses heard on oath inserted by Act No 3 of 2018
88. PART III: INTERMEDIATE COURT AND DISTRICT COURTS
89. 80 Establishment of Intermediate Court
90. 80A Divisions of Intermediate Court inserted by Act No 9 of 2020
91. 80B Criminal Division of Intermediate Court inserted by Act No 9 of 2020
92. 80C Civil Division of Intermediate Court inserted by Act No 9 of 2020
93. 80D Financial Crimes Division of Intermediate Court inserted by Act No 9 of 2020
94. 80E Fair and timely determination before Financial Crimes Division of inserted by The Anti-money Laundering, Combatting the Financing of Terrorism and Countering Proliferation Financing (Miscellaneous Provisions) Act
95. 80E Fair and timely determination before Financial inserted by Act No 3 of 2026
96. PART III: INTERMEDIATE COURT AND DISTRICT COURTS
97. 81 President and Magistrates of Intermediate Court
98. 82 Sittings of Intermediate Court
99. 83 Seal of Intermediate Court
100. 84 Audience before Intermediate Court
101. 85 Proceedings before Intermediate Court
102. 86 Cases coming for mention
103. 87 Documents
104. 88 Minutes of trials
105. 89 Head Clerk
106. 90 Issue of process and other documents
107. 91 Custody of records
108. 92 Other duties of Head Clerk
109. 93 Establishment of District Courts
110. 94 District Magistrates
111. 95 Sittings of District Court
112. 96 Seal of District Court
113. 96A Audience before District Court
114. 97 Jurisdiction of District Magistrates
115. 98 District Clerk
116. 99 Issue of process and other documents
117. 100 Custody of records
118. 101 Other duties of District Clerk
119. 102 Change of venue
120. 103 Errors as to venue
121. 104 Civil jurisdiction
122. 104A Small claims jurisdiction
123. 105 When jurisdiction not ousted
124. 106 Action by landlord
125. 107 Alimony
126. 108 Possessory actions
127. 109 Powers of Magistrate under Codes
128. 110 Security for costs
129. 111 Jurisdiction taken away in certain cases
130. 112 Criminal jurisdiction of Intermediate Court
131. 113 Penalties
132. 114 Criminal jurisdiction of District Courts
133. 115 Preliminary inquiry by Magistrate
134. 116 Matters excluded from summary jurisdiction
135. 117 Referral of cases by DPP
136. 118 Further powers of District Magistrates
137. 119 Qualifications of Magistrates
138. 120 Disqualification from holding other office
139. 121 Control of Magistrates
140. 122 Control of Intermediate and District Courts
141. 123 Reports to Chief Justice
142. 124 Replacement of Magistrates
143. 125 Challenge
144. 126 Reservation of questions of law
145. 127 Contempt
146. 128 Summonses to witnesses
147. 129 Examination of witnesses
148. 130 Evidence outside Court
149. 131
150. 132 Interpreters
151. 133 Absence of Magistrate
152. 135 Error and certiorari taken away
153. 136 Transfer of proceedings
154. PART IV: LAW IN FORCE AND TO BE APPLIED IN COURTS
155. 157 Extension of enactments to other islands
156. 158 Power to legislate for other islands
157. 159 Penalties for contravention of regulations
158. 160
159. PART V: EVIDENCE
160. 161 Interpretation
161. 161A
162. 161B Live video and television link
163. 161C Summons to judicial officer
164. 161BA Agreement on facts between prosecution and defence in criminal inserted by The Anti-money Laundering and Combatting the Financing of Terrorism and Proliferation (Miscellaneous Provisions) Act 2024
165. 161BA Agreement on facts between prosecution and inserted by Act No 10 of 2024
166. PART V: EVIDENCE
167. 162
168. 163 No exclusion because of relationship or interest
169. 164 Saving as to accused person and spouse
170. 165 Questions tending to incriminate
171. 166 Proof of occupation of immovable property
172. 167 Examination on faits et articles
173. 168 Insufficiency of notices not to exclude evidence
174. 169 State need not file list of witnesses
175. 170 Copies of public documents admissible
176. 171 Custodians of public documents
177. 172 Privilege not affected
178. 173 Statements of witnesses
179. 174 De bene esse proceedings
180. 175 Translation of evidence
181. 176 Translation where not necessary in civil cases
182. 177 Recording evidence given before Supreme Court
183. 177A Objection to form of evidence
184. 178 Inspection of property
185. 179 Penalty for non-attendance of witness
186. 181 Certificates of certain officers as evidence
187. 181A Microfilms and other reproductions
188. 181B Admissibility of out-of-court statements
189. 181C Admissibility of certain records in civil proceedings
190. 181D Evidence in rebuttal
191. 181E Admissibility of statements produced by computers in civil proceedings
192. 181F Proof of statements contained in a document
193. 182 Illness of juror
194. 183 This Sub-Part extended to other islands
195. 184 Competency of witnesses in criminal cases
196. 185 Evidence of person charged
197. 186 Right of reply
198. 187 Evidence of husband and wife
199. 188 Application
200. 188A Admissibility of sound recording
201. 188B Admissibility of written statements
202. 188C Admissibility of out of Court statement in piracy cases where maker
203. 188C Admissibility of out of Court statement in criminal proceedings inserted by The Anti-money Laundering and Combatting the Financing of Terrorism and Proliferation (Miscellaneous Provisions) Act 2024
204. 188C Admissibility of out of Court statement in inserted by Act No 10 of 2024
205. PART V: EVIDENCE
206. 189 Translation where not necessary in criminal cases
207. 189A Evidence of formal character
208. 190 Declaration instead of oath
209. 191 Form of declaration
210. 192 Solemn affirmation
211. 193 Validity of oath, affirmation or declaration
212. 194 Form of declaration in writing
213. 195 Penalty for swearing false affidavit
214. 196 Swearing with uplifted hands
215. PART VI: MISCELLANEOUS
216. 197 Reasons of judgment in criminal matters
217. 197A Interest on judgment debts in accident cases
218. 197B Costs in exaggerated claims
219. 197C Enquiry as to genuineness of deed
220. 197D Wasted costs order
221. 197E Adjournment costs
222. 197F Vexatious proceedings
223. 197G Judicial services during COVID-19 period inserted by Act No 1 of 2020
224. 197H Practice and procedure before any Court during inserted by Act No 1 of 2020
225. PART VI: MISCELLANEOUS
226. 198 Rules of Court
227. 199 Rules Committee
228. 200 Amendment of Schedules
229. 201 Practice directions
230. THIRD SCHEDULE
231. 1
232. 2
233. 3
234. 4
235. 5
236. 6
237. 7
238. 8 (1) If the suspect raises any objection to the interview being tape recorded
239. 9 If the suspect indicates that he wishes to tell the police officer about matters
240. 10
241. 11
242. 12
243. 13
244. 14
245. 15 (1) At the interview, including the taking and reading back of any written
246. 16
247. 17 (1) The officer in charge of each police station at which interviews with