[13] Initially being created as a replacement for the Privy Council or JCPC, and later being tasked with the original jurisdiction over the interpretation of the Revised Treaty of Chaguaramas, the CCJ replicates certain aspects of the British justice system while being divergent in other ways.

Although both courts do allow appeals in forma pauperis, waiving filing fees when they are deemed too burdensome on the individual litigant,[16] the JCPC does so on a more limited basis.

[7] As a result, the JCPC has only really been accessible to either the very wealthy from the Caribbean or to certain inmates on death row who are able to secure pro bono legal service from British barristers.

[29] Firstly, appeals to the JCPC in civil proceedings lie at the discretion of the local court where the case at hand is one of 'great general public importance or otherwise ought to be submitted to Her Majesty in Council for decision'[30] and where an amount or in dispute or claim (including property) is of, or exceeds, the prescribed statutory value.

[29] The structural and practical limitations of JCPC appeals has meant that the range of precedent generated by the highest court for many Caribbean jurisdictions is confined to narrow categories, particularly capital punishment and high finance.

The founding document of the CARICOM, the Treaty of Chaguaramas, was signed by the so-called "Big Four" states: Barbados, Jamaica, Guyana and Trinidad and Tobago, all of which had gained their political independence from the UK during the 1960s.

Originally an Anglophone club, the admission of Dutch-speaking Suriname in 1995, and Créole-speaking Haiti (where French is the official language) in 2002 has somewhat modified the cultural and jurisprudential mix of the community.

Under the revised Treaty of Chaguaramas, and typical of similar international integrationist movements, the CARICOM has restructured itself to include such elements as are characteristic of the modern democratic state, viz., executive (CARICOM Heads of Government and the Community Council), legislative (Assembly of Caribbean Community Parliamentarians – established before the revised treaty and now moribund) and judicial (CCJ) arms.

The Bahamas and Haiti, though full members of the CARICOM, are not yet signatories, and because of Montserrat's status as a British territory, they must await Instruments of Entrustment from the UK in order to ratify.

[32] Further to the perceived need for an indigenous, regional court as a tribunal of last resort in civil and criminal cases, other factors eventually led to the strong support for the creation of a judicial arm of the CARICOM.

The reasons given for the establishment of a supreme appellate court are many and varied, including a perceived regional disenfranchisement from the British Judicial Committee of the Privy Council.

Gifford expressed support for Phillips' earlier comments, and hoped that they would serve to stir Jamaica and other Caribbean states to leave the Privy Council and join the CCJ.

[45] Thus it would seems that for at least some of members of the JCPC, geographical and psychological distance (often raised as necessary for greater objectivity and impartiality) does not seem to be an issue and what is more important is the need for the Caribbean (and other Commonwealth countries) to take care of its own affairs.

[13] Persons being appointed to the office of Judge (including the President) are supposed to have high moral character, intellectual and analytical ability, integrity, demonstrate sound judgment, and an understanding of people and society.

[46] As of 18 February 2025: Past Judges: The President of the CCJ is appointed or removed by the qualified super majority vote of three-quarters of the Contracting Parties on the recommendation of the RJLSC.

[9] The President may only serve for one, non-renewable 7-year term or until the age of 72 (whichever is earlier)[8][9] but is allowed to continue in office, if necessary for a further three months in order to deliver a judgment or to do any other thing in proceedings that he or she has heard.

[47] The commission is composed of the following persons: the President of the Court who is also the Chairman of the commission; two persons nominated jointly by the Organisation of the Commonwealth Caribbean Bar Association (OCCBA) and the Organisation of Eastern Caribbean States (OECS) Bar Association; one chairman of the Judicial Services Commission of a contracting state selected in rotation in the English alphabetical order for a period of three years; the Chairman of a Public Service Commission of a contracting state selected in rotation in the reverse English alphabetical order for a period of three years; two persons from civil society nominated jointly by the Secretary-General of the Caribbean Community and the Director General of the OECS for a period of three years following consultations with regional non-governmental organisations; two distinguished jurists nominated jointly by the Dean of the Faculty of Law of the University of the West Indies, the Deans of the Faculties of Law of any of the contracting states and the Chairman of the Council of Legal Education; and two persons nominated jointly by the Bar or Law Associations of the Contracting Parties.

Utilizing the Bangalore Principles of Judicial Conduct and the United Nations Convention against Corruption as a basis for the review, the GIZ endorsed many aspects of the CCJ's structure including the transparency and accessibility of its hearings and judgments; its use of a Code of Judicial Conduct and the high levels of adherence to this Code; the overall design of the Court itself and the RJLSC; and the recruitment and selection process for judges as handled by the RJLSC.

It was established with roughly USD$100 million from initial contributions of the member states by way of loans from the Caribbean Development Bank and other possible lenders.

[64] In February, the foreign affairs minister of Jamaica has also called on Trinidad & Tobago to sign on to the court's appellate jurisdiction to mark that country's 50th anniversary of independence.

[69] In late 2009, controversy arose over the fact that the CEO [clarification needed] of a company involved in CCJ litigation was also the chairman of the Court's trust fund.

[70] In April 2012, the prime minister of Trinidad and Tobago Kamla Persad-Bissessar announced in Parliament that it intended to abolish criminal appeals to the Privy Council in favour of the CCJ and would be tabling legislation to that effect.

Although the announcement had the general support of the Opposition leader Dr Keith Rowley,[71] he expressed disappointment that the government was "only going halfway" by planning to adopt the CCJ for criminal appeals only[72] while retaining the Privy Council for civil matters and cautioned that the move may not be legally possible under the relevant treaties.

Dominica and St. Kitts & Nevis are the only members that would be able to take steps to accede to the CCJ's appellate jurisdiction during the course of 2012[75] as they only require a parliamentary majority to join up to the court.

Grenada and Antigua & Barbuda would require referendums before being able to accede, while St. Lucia and St. Vincent & the Grenadines would need a parliamentary majority approving accession along with a judicial resolution.

Prime Minister Anthony anticipated opposition and possible legal challenges to this move, and stated his government had no problems with that, even suggesting it would be interesting to see what pronouncement the Privy Council would make on the non-binding advisory opinion of the Court of Appeal.

[79] The public education campaign and move towards acceding to the CCJ in the appellate jurisdiction has the support of both the Government and the Opposition and is expected to go on for three months ahead of a referendum on the issue likely to be held in June.

[9] While having a seat in Trinidad, the Court is also given the authority (under the same Article III of the Agreement establishing the CCJ) to sit, as circumstances warrant, in the territory of any other Contracting Party.

Tours usually last 45 minutes, and include welcome messages, walk throughs the building, courtroom demonstrations, and opportunities to meet the judges and staff of the court.

This was the RJLSC's second temporary home as it had previously operated from 63 Tragarete Road, Port of Spain in facilities rented and furnished by the Trinidad and Tobago government.