Law of Gibraltar

Gibraltar's written constitution is set out in the Gibraltar Constitution Order 2006, an Order in Council that replaced the earlier Gibraltar Constitution Order 1969. The new constitution was approved in a referendum held on 30 November 2006, made by Order in Council on 14 December 2006, and came into force on 2 January 2007.^[1][2] Its stated aim was to provide a modern, non-colonial relationship between Gibraltar and the United Kingdom, while leaving the question of sovereignty unaffected and the United Kingdom responsible for the territory's external relations.^[1]

The constitution is arranged in chapters that, among other things, entrench a bill of rights of fundamental rights and freedoms, establish the office of Governor, provide for the legislature (renaming the House of Assembly as the Gibraltar Parliament) and the executive, and set out the judicature, including the Supreme Court and the Court of Appeal for Gibraltar, with a right of final appeal to the Judicial Committee of the Privy Council.^[3] It can be amended only through a referendum together with a vote of the Parliament.^[2]

The legislature is the Gibraltar Parliament (formerly called the House of Assembly). It replaced the Gibraltar Legislative Council which replaced the Governor-in-Council.

The gazette is the Gibraltar Gazette.^[4]

Collections of law reports include:

• The Gibraltar Law Reports. These reports cover cases from a period that begins in 1812.^[5] For the purpose of citation, the name of these reports may be abbreviated to "Gib LR".^[6]

Gibraltar has its own hierarchy of courts. The senior courts are the Court of Appeal for Gibraltar and the Supreme Court of Gibraltar, the latter headed by the Chief Justice; below them sit the Magistrates' Court and the Coroner's Court. The highest court of appeal is the Judicial Committee of the Privy Council in London, which hears appeals from the Court of Appeal.^[7][8]

There is a fused profession. It has two branches, barristers and solicitors. The two branches are not separate, have identical rights of audience, can both be approached directly by clients, and can both be members of firms.^[9] The Gibraltar Bar Council^[10] replaced^[11] the Gibraltar Bar Association (or Bar Association of Gibraltar).^[12]

As to the criminal law of Gibraltar generally, see the Crimes Act 2011 (No 2011–23). This Act repealed and replaced the Criminal Offences Act (No 1960–17), the Drugs (Misuse) Act (No 1973–06), the Crimes (Computer Hacking) Act 2009 (No 2009–44), the Dangerous Dogs Act 2003 (No 2003–03), and the Crimes (Indecent Photographs with Children) Act 2009 (No 2009–40).^[13]

As to criminal procedure in Gibraltar, see the Criminal Procedure and Evidence Act 2011 (No 2011–24). This Act repealed and replaced the Criminal Procedure Act (No 1961–24) and the Crimes (Vulnerable Witnesses) Act 2009 (No 2009–34).^[14]

As to extradition, see the Extradition Act 2018 (No 2018–29) and the Extradition Arrest Warrant Act 2004 (No 2004–04). As to the return of fugitive offenders, see the Fugitive Offenders Act 2002 (No 2002–15).

As to the proceeds of crime, see the Proceeds of Crime Act 2015 (No 2015–22). As to drug trafficking offences, see the Drug Trafficking Offences Act (No 1995–06). As to criminal libel, see Part V of the Defamation Act (No 1960–36).

As to income tax, see the Income Tax Act 2010 (No 2010–21). This Act repealed and replaced the Companies (Taxations and Concessions) Act 1983 (No 1983–13) and the Income Tax Act 1952 (No 1952–11), except section 41A.^[15] As to social insurance contributions, see the Social Security (Insurance) Act (No 1955–14). As to stamp duties, see the Stamp Duties Act 2005 (No 2005–73). As to import duty, see Part V of the Imports and Exports Act 1986 (No 1986–21).

As to the implementation of the Convention on Mutual Administrative Assistance in Tax Matters, see the Taxation (Mutual Administrative Assistance) Act 2014 (No 2014–06).

• Government of Gibraltar