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The judiciary of British Virgin Islands is based on the judiciary of the United Kingdom. The British Virgin Islands is a member state of the Eastern Caribbean Supreme Court. The courts are organised at four levels, including the provision for final appeal to the Judicial Committee of the Privy Council in London. The British Virgin Islands is a common law jurisdiction, although British Virgin Islands law and procedure differs to a great degree from English law because of local statutes, orders and civil procedure rules. However, in certain instances British Virgin Islands law provides that in default of any local provision, English law or procedure shall apply.〔See for example Eastern Caribbean Supereme Court Act (Cap 80), section 11, which provides: "The jurisdiction vested in the High Court in civil proceedings, and in probate, divorce, and matrimonial causes, shall be exercised in accordance with the provisions of this Ordinance and any other law in operation in the Territory and rules of court, ''and where no special provision is therein contained such jurisdiction shall be exercised as nearly as may be in conformity with the law and practice administered for the time being in the High Court of Justice in England.''" (emphasis added)〕 ==Magistrate's Court== The Magistrate's Court is the court of lowest jurisdiction in the British Virgin Islands.〔Magistrate's Code of Procedure (Cap 44). See also Virgin Islands Constitution Order 2007, article 89.〕 The Magistrate's Court deals mainly with criminal matters with summary jurisdiction,〔Magistrate's Code of Procedure (Cap 44), Part IV.〕 minor civil claims,〔Magistrate's Code of Procedure (Cap 44), Part VII.〕 and certain family law matters.〔Magistrate's Code of Procedure (Cap 44), Part V.〕 The Magistrate also has limited jurisdiction in relation to salvage and wreck.〔Magistrate's Code of Procedure (Cap 44), Part VI.〕 For criminal matters which are triable either way (i.e. either summarily or on indictment) the accused is given the choice to face trial in the Magistrate's Court without a jury or to elect for a trial before a jury in the High Court. If the accused is tried in the Magistrate's Court then, if convicted, he or she would only be punishable to the extent of the limited sentencing powers of the Magistrate. Appeals from the decision of the Magistrate are appealed directly to the Court of Appeal,〔Magistrate's Code of Procedure (Cap 44), section 155(1).〕 and do not go the High Court by way of case stated. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Judiciary of the British Virgin Islands」の詳細全文を読む スポンサード リンク
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