TURKS AND CAICOS ISLANDS JUDICIARY
Photo: Turks and Caicos Islands Supreme Court building
The Magistrate’s Court is a court of summary jurisdiction and has the jurisdiction assigned to it by the Magistrate’s Court Ordinance. Magistrates in the Turks and Caicos Islands currently sit in Providenciales, Grand Turk, North Caicos and South Caicos. The Chief Magistrate sits in Providenciales.
The Magistrate’s Court considers claims of debt or damage due up to the value of US$10,000, disputes relating to title of land, the annual value of which does not exceed $5,000, boundary disputes and other matters contained in section 108 of the Magistrate’s Court Ordinance. It also considers a broad spectrum of criminal matters, the most serious matters being reserved to the Supreme Court.
The Magistrate’s Court will also consider appeals from disappointed applicants for a certificate of fitness to own a firearms (s 10 Firearms Ordinance).
The Supreme Court has original jurisdiction in civil and criminal matters; appellate jurisdiction over appeals from the Magistrate’s Court and other statutory bodies such as the National Insurance Board and the Liquor Licensing Board; and supervisory jurisdiction over lower adjudicatory bodies and the actions of government.
The Court of Appeal currently sits in sessions on Providenciales and the Court is made up of at least 3 Judges of Appeal.
It has the jurisdiction assigned to it by the Court of Appeal Ordinance. It considers appeals from the Supreme Court and the Labour Tribunal. It also sits as a Constitutional Court, considering questions that may be referred to it by the Attorney General under the Attorney General’s Reference of Questions Ordinance.
In its civil jurisdiction, the Court of Appeal may hear and determine appeals from any judgment or order of the Supreme Court given or made in civil proceedings, or to order a new trial if the Court thinks fit (s 4 Court of Appeal Ordinance).
In its criminal jurisdiction, a person convicted on information in the Supreme Court may appeal to the Court of Appeal against his conviction on a question of law alone, with leave from the Supreme Court, on any ground of appeal which involves a question of fact alone or of mixed law or fact, and with the leave of the Court of Appeal, against the sentence passed on his conviction unless the sentence is one fixed by law (s 6 4 Court of Appeal Ordinance).
The Labour Tribunal is established under section 93 of the Employment Ordinance and it has jurisdiction to hear and determine any labour dispute or complaint or other matter referred to it under the Employment Ordinance or any other provision of law.
The orders, decisions and awards of the Labour Tribunal shall be enforceable in the Supreme Court as though they were orders or judgments of that court.
The Labour Tribunal is composed of the President of the Labour Tribunal and at least two other members who are all appointed by the Governor. The appointments are made under section 94 of the Ordinance.
The Tribunal may, if it thinks fit, refer any question of law for decision to the Supreme Court (s 98 EO). Any question of law arising from the decision of the Labour Tribunal goes to the Court of Appeal.
The Coroner’s Ordinance makes the Magistrate ex officio the Coroner for the Turks and Caicos Islands. Generally, this role is filled by the Chief Magistrate.
The Coroner’s role is to direct a qualified medical practitioner to a make a post mortem examination of a dead body of a person suspected to have died either a violent or an unnatural death (s 5 CO). After the medical practitioner’s report is submitted to the coroner, the Coroner may hold an inquest into the death of the deceased person either with or without a jury.
The full name of this body is the Judicial Committee of Her Majesty’s Privy Council. This is the final court of appeal for the Turks and Caicos Islands.
To take an appeal to the Privy Council, the appellant must have been granted leave by the Court of Appeal whose decision is being appealed. In the absence of leave, permission to appeal must be granted by the Privy Council. In some cases, there is an appeal as of right and a slightly different procedure applies.
The Privy Council also has the jurisdiction, under section 85(6) of the Constitution to consider a request of the Governor under s 85(7) of the Constitution to remove a judge or Magistrate from office.
Civil justice in the Turks and Caicos Islands is dealt with in the first instance in the Magistrate’s Court or the Supreme Court, depending on the type of claim or the value of the claim.
The Magistrate’s Court has jurisdiction to consider claims of debt or damage due up to the value of US$10,000, disputes relating to title of land, the annual value of which does not exceed $5,000, boundary disputes and other matters contained in section 132 of the Magistrate’s Court Ordinance.
The Supreme Court has original jurisdiction in civil and criminal matters; appellate jurisdiction over appeals from the Magistrate’s Court and other statutory bodies; and supervisory jurisdiction over lower adjudicatory bodies and the actions of government.
Civil appeals from the Supreme Court will be heard in the Court of Appeal, and appeals from the Court of Appeal may be heard by the Judicial Committee of the Privy Council in England.
Criminal cases come to court after the police decide to file a complaint in the Magistrate’s Court. The person against whom a criminal complaint is brought is called a Defendant.
All criminal matters are brought to the Magistrate’s Court in the first instance and if the complaint is within the jurisdiction of the Magistrate, the Magistrate will take control of the matter or send it to the Supreme Court. More serious offences, such as murder, gun offences and rape, are considered only in the Supreme Court.
The law and evidence of criminal cases in the Magistrate’s Court are generally heard by the Magistrate alone and he/she decides whether the prosecution has made out its case against the Defendant. The Magistrate’s sentencing power is limited by section 16(5) of the Magistrate’s Court Ordinance to handing down sentences of no more than 2 years’ imprisonment and a fine of $10,000.
In the Supreme Court, the evidence in a matter is often, though not always, considered by a jury. The judge is in charge of considering the law in the matter and will advise the jury on the law as necessary, during the trial. The Supreme Court’s sentencing jurisdiction is unlimited.
Appeals against conviction in the Magistrate’s Court are considered by the Supreme Court and appeals against conviction in the Supreme Court are considered by the Court of Appeal.
Applications for access and custody of children are generally made to the Magistrate’s Court, as well as applications for maintenance of a spouse or children and applications for protection from domestic abuse.
The Supreme Court only may grant a divorce and divorce petitions must be filed with the Supreme Court. Matters concerning the division of matrimonial property are also dealt with by the Supreme Court.
The priority of both courts is the welfare of any child and the courts are concerned with helping applicants resolve their disputes as quickly and as sensitively as possible.
At the head of the Judiciary for the Turks and Caicos Islands is the Chief Justice who is appointed by the Governor, in consultation with the Judicial Service Commission. The Chief Justice has statutory responsibility over a range of matters in the administration of justice.
The President of the Court of Appeal has the administrative responsibility for the Court of Appeal.
At the head of the Magistracy is the Chief Magistrate who is responsible for the administration and sittings of the Magistrate’s Court (s 4 Magistrate’s Court Ordinance) and reports to the Chief Justice. The Governor appoints all Magistrates for the Islands.
There is a Registrar of the Supreme Court who has all the powers which are exercisable by any Master or Registrar of the High Court of Justice in England and who performs duties such as keeping account of all fees and fines received in proceedings in the Supreme Court, issuing process and adjourning the Court from time to time (s 9 Supreme Court Ordinance). The Registrar is appointed by the Governor and is supported by Deputy Registrars who are also appointed by the Governor (s 8 Supreme Court Ordinance).
Below are a selection of free online websites which can be used to access decisions of the Turks and Caicos Islands Judiciary.
Persons may also search for decisions using the Commonwealth Legal Information Institute:
The Faculty of Law Library offers access to the Judiciary of Bermuda decisions from various databases:
The Faculty of Law Library houses unreported judgments for all Commonwealth Caribbean jurisdiction dating back from early 1950s. To access these printed unreported judgments, persons are invited to visit the Library during opening hours to make a request.
The Library also has a collection of reported judgments, which are held in official law reports and elsewhere.
Please find below legislation governing the function of the Turks and Caicos Islands Judiciary:
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Please note that the contents of this guide are provided strictly for individual, non-commercial, academic/educational, reference and/or research use and do not constitute legal advice. This guide does not substitute an individual's right to do their own research. Persons seeking legal advice should consult a practising attorney-at-law in their jurisdiction.
The information of this guide was compiled using open sources such as official websites and other resources.
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