Falkland Islands Courts & Tribunals Service

Court List

Whenever possible, the court list will be updated by 4 pm each Friday, providing details of listings for the following week.

The Criminal Procedure Rules prevent the court from providing details of criminal cases for a period of time longer than seven days and you may need to check back regularly for full details of criminal cases. The Courts and Tribunals Service endeavours to provide lists which are free of errors but gives no warranty as to their accuracy.

Changes to the list may be made at short notice at the discretion of the Court. Where amendments to listings take place after the list has been published, the Courts and Tribunals Service will endeavour to ensure these amendments are made available to the public as soon as practicable.

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Date & Time	Court	Applicant/Plaintiff	Respondent/Defendant	Details
27th November 2023 9.30am	Supreme	Attorney General of the Falkland Islands	BARKMAN, Teslyn	SC/CIV/07/23 Constitutional Reference Full hearing Time estimate: 4 days.

Weekly Summary

Week commencing: 13 November 2023

Below is a summary of public decisions from the Summary Court which will be available for one working week.

Before the Summary Court 22nd November was a sentencing hearing in SUM/CRIM/33/23 R v Coban ERIKSEN

The court applied the England & Wales sentencing guideline on theft and found that the circumstances of the offence fall under Category 4 Harm and Medium Culpability. The starting point for sentence was therefore found to be a low-level community order. The court considered the aggravating factors and the defendant’s personal mitigation and determined that a low level community order is appropriate. This community order will last for 12 months during which time the defendant will be subject to a supervision order. The defendant was also fined £90 and compensation of £60 ordered. The court considered the Defendant’s guilty plea which entitles him to a one-third discount from the punitive element of his sentence, which brought the fine down to £60. The court ordered the defendant to pay a total of £120 through weekly instalments of £10 per week payable every Friday. The first payment will fall due on Friday 1 December 2023.

Notices

Notice is hereby given that the following applications have been received by the Clerk to the Summary Court and shall be dealt with by the Clerk to the Summary Court without a hearing unless any person wishing to object notifies the court by 9am Wednesday 29th November 2023:

Case reference: SUM/LIC/41/23

Applicant: Sheila Harvey

Application: Extension of Permitted Hours for 24th December 2023 from 10.30pm until 12.30am for a Christmas Eve event.

Premises: The Rose Bar, 1 Brisbane Road

Case reference: SUM/LIC/42/23

Applicant: Sheila Harvey

Application: Extension of Permitted Hours for 31st December 2023 from 10.30pm until 12.30am for a New Year's Eve event.

Premises: The Rose Bar, 1 Brisbane Road

Notice is hereby given that the following application has been received by the Clerk to the Summary Court and shall be dealt with by the Clerk to the Summary Court without a hearing unless any person wishing to object notifies the court by 9am Friday 1st December 2023:

Case reference: SUM/LIC/43/23

Applicant: Andrea Joanna Barlow

Application: Application for an Occasional Licence for 16th December 2023 from 8pm until midnight for a Dockyard Christmas Lighting Up event.

Premises: Wash-House, Historic Dockyard Museum, Stanley.

Notice is hereby given that the following application has been received by the Clerk to the Summary Court and shall be dealt with by the Clerk to the Summary Court without a hearing unless any person wishing to object notifies the court by 9am Tuesday 5th December 2023:

Case reference: SUM/LIC/44/23

Applicants: Rhys John David Clifford & Cherie Yvonne Clifford

Application: Application for an Occasional Licence for 26 & 27 December 2023 from 10:00 until 18:00 for Grubz Up Food Tent at the Christmas Sports Horseracing Events.

Premises: Grubz Up Food Tent at Stanley Racecourse.

The Judiciary of the Falkland Islands

The Courts of the Falkland Islands

The Summary Court is a court of summary jurisdiction.

Judges: Justices of the Peace, advised by Legal Adviser, addressed as 'Your Worship' or 'Sir/Madam'.

Criminal proceedings: summary offences, maximum sentencing powers are 6 months imprisonment and/or £5,000 fine

Family Proceedings: applications relating to children except any application or order involving the administration or application of any property belonging to or held in trust for a child, or the income of any such property.

Civil claims: jurisdiction to deal with civil matters commenced by complaint.

Other proceedings:

Employment
Licensing

The Magistrate's Court is a court of summary jurisdiction with some appellate jursidiction.

Judge: Senior Magistrate, addressed as 'Your Honour'.

Criminal proceedings: summary offences, maximum sentencing powers are any period of imprisonment and/or a fine of any amount.

Family proceedings: jusridiction to deal with all matters except divorce/dissolution/judical separation/annulment.

Civil claims: actions up to the value of £50,000

Appellate jurisdiction:

Building Control Ordinance 1994
Children Ordinance 2014
Communications Ordinance 2017
Dangerous Goods Ordinance 1987
Electoral Ordinance 1988
Firearms and Ammunition Ordinance 1987
Licensing Ordinance 1994
Prohibited Goods Ordinance 1992
Road Traffic (Provisional) Regulations Order 1986

The Supreme Court is a court of unlimited jurisdiction and is a court of record.

Judges: Chief Justice or Acting Judge, addressed as 'My Lord/My Lady'.

Criminal proceedings: The Supreme Court has two jurisdictions in criminal proceedings;

1) Court of First Instance for indictment offences. The Judge may sit alone or with a Jury. Sentencing powers are unlimited.

2) Appeallate jurisdiciton from the Summary Court or the Magistrate's Court. Appeals are on the papers, not a re-hearing.

Family proceedings: The Supreme Court has two jursidictions in family proceedings;

1) Court of First Instance for divorce/dissolution/judicial separation/annulment also for matters which require the use of the court's inherent jurisdiciton (e.g. Wardship).

2) Appellate jurisdiction from the Summary Court or the Magistrate's Court.

Civil proceedings:

Claims over £50,000
Probate
Judicial Review
Constitutional References
Admiralty
Bankruptcy
Court of Protection

The Judicial Committee of the Privy Council is the highest appeal court for the Falkland Islands. It sits in the Supreme Court in London and is usually presided over by Justices of The Supreme Court.

For more information click here

The Coroner's Court is a court of inquiry into deaths.

Judge: His Majesty's Coroner

The purpose of the Coroner's Court is to enquire into sudden, unexpected or violent deaths.

There is no appeal from the Coroner's Court but it may be possible for the Supreme Court to review decisions of HM Coroner.