Gibraltar
The Police
Gibraltar during the 18th Century was a Military Garrison where the British Governor
ruled supreme with no elected civilian government. The inhabitants of the "Town and
Garrison of Gibraltar" were permitted to run their affairs in their own way and public
order was maintained by the Military Authorities, who maintained sentries and night
patrols under the command of the Town Major. In 1740, English Law was introduced
in Gibraltar and in 1753 the first Justices of the Peace were appointed. Prior to this
date, punishment of offenders was dealt with by the Governor, and this usually meant
explusion from the Garrison.
During this period the Military Authorities were experiencing great difficulties with
Army deserters going into the Kingdom of Spain and thus a group of inhabitants were
recruited to act as Fronteir Guards. This group became known as the Genoese Guard
and in time came to serve as a rudimentary Police Force when they were called upon
to support the Military Authorities when dealing with civilians. Sergeants were
appointed within the Genoese Guard and their titles "Jews Sergeant" and "Spanish
Sergeant" reflected their role within the sectors of the community. The Genoese Guard
were subsequently disbanded sometime after the Seven Year War, but the "Spanish"
and "Jews" Sergeant continued to function.
In 1811, the distinction between "Spanish" and "Jews" Sergeant was dispensed with.
The resultant increase in population led to eight Town Sergeants being appointed.
This in itself was not sufficient to deal with the inhabitants and additional members
were recruited.
The "TURNKEY", usually a merchant, was responsible for ensuring that the Garrison
was secure, and eventually assumed the supervision of the Civil Prison.
The "INSPECTOR OF STRANGERS" was responsible for regulating all visitors to
the Garrison during the Napoleonic Wars, and
The "INSPECTOR OF MARKETS" was responsible for the supervision of supplies.
In 1830 the "Town and Garrison of Gibraltar" was changed to "Colony of Gibraltar"
and it's administration passed from the War Office to the relatively new Colonial
Office. On the 21st June 1830, a Proclamation was issued which in effect removed the
policing of the Town from the Town Major and the military authorities and was now
the domain of a civilian. This proclamation, appointed Major James ROWAN to the
office of Civil Police Magistrate for the Town and Territory of Gibraltar and Mr
Henry MORGAN was appointed Director of the Police and Supervisor of Market.
Thus on the 25th June 1830, the Gibraltar Police became operational, making it the
oldest Police force in the Commonwealth, and second oldest British Police force in
the world. The Metropolitan Police had been formed some nine months earlier by Sir
Robert PEEL, and the Gibraltar Police was modelled along the same lines.
Metropolitan Officers were seconded to Gibraltar to assist in it's formation.
The first Chief of Police Henry MORGAN, remained in the post from 1830 until 1859
and under his leadership the Gibraltar Police achieved a very high standard.
Patrols were maintained jointly with the military authorities and all civilians detained
would pass to the Police Magistrate to be dealt with. In 1871, the Gibraltar Police
assumed a more dominant role over the military patrols who were now required to
leave their weapons in the Guard Room when undertaking such patrols.
Throughout the years the Gibraltar Police continued in their endeavours to police the
territory and gradually their numbers increased.
In 1930, the Gibraltar Police celebrated it's Centenary with the whole force under the
command of Chief of Police GULLOCH parading at Casemates Square on the 1st
August that year. A banquet was held that same evening where all the force was in
attendance, and the duty to police Gibraltar was left in the hands of the Rover Scouts
who were sworn in as Special Constables for the particular evening.
In 1937 William GULLOCH retired as Chief of Police and was succeeded by Dudley
S GOWING, who was the first to bear the title of Commissioner of Police.
Over the years it has become necessary to establish specialist departments in order to
fight crime and keep pace with all other aspects of police work in the most efficient
manner possible. The Gibraltar Police have over its history, tackled many a difficult
situation and have always been seen to uphold the essence of British Justice.
On the 12th June 1992, Her Majesty Queen Elizabeth II graciously conferred the
prefix "ROYAL" to the Gibraltar Police.
Contacts
Royal Gibraltar Police Headquarters
New Mole House
Rosia Road
Gibraltar
E-mail: [email protected]
The Royal Gibraltar Police
Webstite: http://www.gibraltar.gov.gi/judiciary/police_index.htm
Attorney General's Chambers
Gibraltar was captured by Britain during the War of the Spanish Succession in 1704
and its sovereignty was ceded to Britain by Spain under the Terms of the Treaty of
Utrecht in 1713. In 1830 Gibraltar was declared a Crown Colony and civil rights were
bestowed on its inhabitants. In 1921 a City Council was established to handle matters
of a municipal nature. Due to local demands for more self-government, Gibraltar's
first Legislative Council was established in 1950 and in 1969 a new Constitution, the
Gibraltar Constitution Order 1969, was adopted and remains in force to this day.
Spain has never accepted the loss of Gibraltar and has made several unsuccessful
attempts to recapture the territory. In a 1967 referendum, the population of Gibraltar
overwhelmingly voted for continued association with Great Britain. Gibraltar entered
the European Economic Community in 1973 as a dependant territory in Europe at the
same time as Britain.
The Chief of State is Queen Elizabeth II, who appoints a Governor and
Commander-in-Chief to represent her in Gibraltar. David Durie has held this post
since 5 April 2000. The head of Government is the Chief Minister, who is appointed
by the Governor as the elected member of the Assembly most likely to command the
support of the majority of the elected members of the Assembly. Peter Caruana, the
leader of the Gibraltar Social Democrats, has been Chief Minister since 17 May 1996.
The cabinet of Gibraltar is the Council of Ministers, which consists of the Chief
Minister and a number of additional Ministers, who are appointed from among the 15
elected members of the House of Assembly by the Governor in consultation with the
Chief Minister. There is also a Gibraltar Council that advises the Governor.
The legislative branch of Gibraltar consists of the Governor and the Assembly. The
unicameral House of Assembly is composed of 18 seats. One of these is appointed for
the Speaker by the Governor after consultation with the Chief Minister and the Leader
of the Opposition, 15 are elected by popular vote and two seats are taken by the
Attorney-General and the Financial and Development Secretary, who are ex-officio
members of the Assembly. They serve a four-year term. The last elections were held
on 10 February 2000. The Gibraltar Social Democrats won for the second time in
succession, with 54 per cent, followed by the Gibraltar Socialist Alliance with 40 per
cent.
Chapter I of the Constitution of Gibraltar contains provisions which guarantee the
protection of fundamental rights and freedoms of the individual. This chapter derives
directly from the European Convention on Human Rights. Among those legally
enforceable provisions are the right to life; the right to personal liberty; protection
from inhuman treatment; protection of freedom of movement; protection of privacy of
the home and other property; protection of freedom of expression, including freedom
of the press; protection of freedom of assembly and association; and ensuring
protection of the law, which includes the right to a fair trial, and all related safeguards,
in both criminal and civil matters.
The Judiciary
The judicial system of Gibraltar is based on the English system, with some minor
modifications. Gibraltar has a Magistrates Court, a Supreme Court, with criminal and
civil jurisdiction, and a Court of Appeal.
The Magistrates' Court is presided by a Stipendiary Magistrate or, in his absence, by
lay Magistrates. Criminal cases in the Supreme Court are tried by jury, while civil
cases are typically tried by judges alone. The Supreme Court consists of two judges.
One of those Judges is the Chief Justice, who is the head of the Judiciary. The Chief
Justice has the responsibility for the administration of justice and of all courts in
Gibraltar. The legally qualified Registrar of the Supreme Court also holds the office of
Admiralty Marshal and is in charge of the admiralty jurisdiction of the Supreme Court.
The Court of Appeal is not resident in Gibraltar, but holds three sessions each year. It
consists of a President and two Justices of Appeal. The Chief Justice is an ex-officio
member of the Court of Appeal for all purposes except for appeals from his own
decision. The Justices of Appeal are mainly drawn from the English Court of Appeal.
The Attorney General combines the functions of the Attorney General and the
Director of Public Prosecution. He is the legal adviser to the Crown and an ex- officio
member of the House of Assembly. The Attorney General's Chambers have a number
of Crown Counsels.
Appointment and Dismissal
According to Article 58 (1) of the Gibraltar Constitution Order 1969, the Chief Justice,
the President of the Court of Appeal and the Justices of Appeal are appointed by the
Governor pursuant to instructions given by Her Majesty through a Secretary of State.
Article 58. (2) Gibraltar Constitution Order 1969 specifies the requirements for
qualification to be appointed Chief Justice, President of the Court of Appeal or Justice
of Appeal. The appointee must have been a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of the Commonwealth or in the
Republic of Ireland, or of a court having jurisdiction in appeals from any such court;
or must be entitled to practise as an advocate in such a court and must have had this
entitlement for not less than ten years.
Article 60. (2) of the Gibraltar Constitution Order 1969 enumerates the possible
grounds for the removal from office of the Chief Justice, the President of the Court of
Appeal, and a Justice of Appeal. They may be removed by the Governor for inability
to discharge the functions of their office, arising from infirmity of body, mind or any
other cause, or for misbehaviour. If the Governor intends to do so, he must appoint a
tribunal to inquire into the matter and advise him whether he should proceed. In such
cases the Governor must request the Crown to refer the question of the removal of the
judge to the Judicial Committee of her Majesty's Privy Council, under section 4 of the
Judicial Committee Act 1833. The Judicial Committee then advises the Crown to
remove the judge for inability or misbehaviour. In such cases the Governor would
remove the judge after having after requested permission for removal from the Crown
and advice in support of removal had been received from the Judicial Committee of
the Privy Council.
Security of Tenure
Attorney General's Chambers
Joshua Hassan House
Gibraltar
(+ 350) 78882
(+ 350) 79891
(+ 350) 70723
(+ 350) 76921
(+ 350) 76931
[email protected]
http://www.icj.org/news.php3?id_article=2659&lang=en
According to Article 60.
(1) of the Gibraltar
Constitution Order 1969,
the office of the Chief
Justice must in principal
be vacated by the holder
when he attains the age of
67
years.
However,
subsections (a) and (b)
allow for the Governor to
prolong the duration of
the office under certain
circumstances,
at
a
maximum until the holder
reaches the age of 72 years.
The Office of the Ombudsman
1. History
The Office of the Ombudsman came into being in April 1999 with the appointment of
Mr Henry Pinna as Gibraltar's first Public Services Ombudsman. His appointment
was ratified unanimously by the House of Assembly. The appointment and its
ratification were free from any controversial political debate and this helped
tremendously in its acceptance by the general public.
Perhaps it is significant and of interest to point out that at the 1987 ceremony marking
the commencement of the legal year, the then leader of the Bar, the late Mr. Samuel
Benady QC spoke on a matter of importance affecting the rights of the individual. Mr.
Benady pointed out that Gibraltar lacked the machinery to protect the individual
against any act of maladministration by a government department. He explained how
other jurisdictions had already established the office of the Ombudsman and proposed
that the time had come for the appointment of such an Ombudsman here in Gibraltar
to act on behalf of the community. Mr. Benady stated:
"The appointment of an Ombudsman would be a further assurance that those elected
cannot, once in office, renege on their obligation to see justice done on behalf of
every individual."
Twelve years had to elapse before Mr. Benady's proposal materialised and the office
was established. This came about after the Gibraltar Social Democrats (GSD), in thier
electoral manifesto, had pledged that if elected they would create such an authority.
Current and past Ombudsmen:
1999-2002
Henry Pinna
2003-
Mario M Hook
2. Organisation stucture of the office
The organisation structure of the office has remained practically the same with just
only a few changes over the years. The most signifant change being the inclusion of
an office manager/lawyer in the ombudsman's stucture that would provide legal
advice without the need for the Ombudsman to seek legal advice elsewhere and also
be in charge of the office in the Ombudsman's absence.
Organisation structure of the office
3. Role and function
We provide a service to the public by undertaking independent investigations into
complaints that government departments and agencies in Gibraltar, have not acted
properly or fairly or have provided a poor service. Our role is to:
a. Make our service available to all members of the public.
b. Be open, fair, transparent.
c. Take complaints and investigate them impartially and provide recommendations
when applicable.
d. Promote awareness and improvement in the Public Services.
4. Public Services Ombudsman ordinance
The Public Services Ombudsman ordinance 1998 makes provision for the
appointment of an Ombudsman for the investigation of administrative action taken by
or on behalf of the Government of Gibraltar and providers of certain services to the
general public, to regulate the functions thereof, and for purposes connected therewith.
To view the ordinance please click on the link below and you will be re-directed to
the Gibraltar Laws webpage, specifically to the above-captioned ordinance.
5. Resources
http://www.ombudsman.org.gi/
Financial Service Commission
The Commission is a statutory body corporate established by the Financial Services
Commission Act, 1989. It consists of the Commissioner, as Chairman, and seven
other persons, four of whom shall have relevant experience in the United Kingdom
and three of whom shall have relevant experience in Gibraltar. The Commissioner is
appointed by the Governor, acting with the approval of the UK's Foreign and
Commonwealth Secretary, and the other members are appointed by the Governor,
acting with the approval of the Foreign and Commonwealth Secretary, after
consulting with the Commissioner.
The functions of the Commission are to keep under review the operation of Gibraltar
legislation and the effectiveness of supervision of financial services; to monitor the
extent to which Gibraltar legislation and supervision complies with European Union
obligations and supervisory standards governing financial services in the United
Kingdom where Community law applies; to protect the public against financial loss
arising out of dishonesty, incompetence or malpractice; to advise the Government of
Gibraltar and the Government of the United Kingdom on matters concerning financial
services; and to draw up codes for regulating the terms of service of persons
employed by the Commission.
The Commissioner, who is also the Commissioner of Banking and the Commissioner
of Insurance, is the chief executive officer of the Commission and is charged with the
responsibility of supervising institutions carrying on finance business in or from
within Gibraltar. He is required to ensure that such supervision complies with any
applicable obligation Gibraltar has as a constituent of the European Union and to
establish supervisory standards which match those required by legislation and
supervisory practice governing the provision of financial services within the United
Kingdom.
Commission Members are not appointed as representatives of a constituency. They
are appointed as individuals to bring their personal qualities and experience for the
benefit of the Commission. Supervisory bodies need to be independent and this policy
preserves the objectivity and independence of the Commission.
Our Mission Statement
"To provide financial services regulation in an effective and efficient manner in order
to protect the public from financial loss and enhance Gibraltar's reputation as a
quality financial centre"
Our Quality Policy
"The FSC is committed to the ISO9001:2000 registration as a means of demonstrating
to our stakeholders our commitment not only to regulatory standards but also to
maintaining a management system consistent with international standards.
To this end, our staff receive training and development and regular reviews take place
to ensure that the objective of continual improvement is achieved."
Resources
http://www.fsc.gi/fsc/home.htm