Bar Council of the Turks and Caicos Islands
Bar Council of the Turks and Caicos Islands
The Courts, Tribunals and Judiciary of the

Turks and Caicos Islands

The Turks and Caicos Islands are a constitutional democracy under the British Crown. The judges and magistrates appointed to preside or sit in any court of the Turks and Caicos Islands in the exercise of their judicial functions are independent from the legislative and executive branches of government which is a constitutional requirement. The legislature and the Cabinet are constitutionally required to uphold the rule of law and judicial independence and are required to ensure that adequate funds are provided to support the judicial administration in the Islands.

The Judicial Service Commission for the Turks and Caicos Islands is created by Section 86 of the Constitution. It advises H.E. the Governor with respect to judicial appointments, disciplinary control over persons holding the offices of Chief Justice, President of the Court of Appeal, registrar and deputy registrar, and removal from office persons holding or acting in the offices of registrar and deputy registrar (Section 87). The Chairman of the Judicial Service Commission is appointed by H.E. the Governor acting in his/her discretion; two other members are appointed by H. E. the Governor acting after consultation with the Premier and Leader of the Opposition from among persons who hold or have held high judicial office.

The Current members of the Judicial Service Commission for the Turks and Caicos Islands are:

Chairman of the Judicial Service Commission: Hon. Justice Sir David Simmons

Member: Justice Hilary Phillips QC

Member: Sir Michael Barnett

The Labour Tribunal is a statutory body established by Section 93 of the Employment Ordinance CAP 17.08 (as amended by the Employment (Amendment) Ordinance 2018). The Labour Tribunal has jurisdiction to hear and determine any labour dispute or complaint or other matter referred to it under the Employment Ordinance or any other Ordinance. The composition of the Labour Tribunal is prescribed by Section 94 of the Employment Ordinance CAP 17.08. The current members (appointed by H.E. the Governor) are:

President: 

Vice President: Mr Alco Williams

Member: Mr Edward Hall

Member: Mr Eugene Burns

Member: Mr Jacques Fanor

The Magistrate’s Court for the Turks and Caicos Islands is a statutory body established by Section 3 of the Magistrate’s Court Ordinance CAP 2.03 with summary jurisdiction for both criminal and civil cases. The current magistrates (appointed by H.E.the Governor) are:

Chief Magistrate: Hon. Mrs Tanya Lobban-Jackson

Magistrate: Jolyon Hatmin

Magistrate: Kamar Henry-Anderson

Acting Magistrate: Martin Green

Acting Magistrate: Oreika Selver

Acting Magistrate: Mr Anthony Gruchot

Acting Magistrate: Carlos Simons QC OBE

Presiding Justice of the Peace (Providenciales): William Bill Clare

Justice of the Peace: Ervine M. Quelch, OBE

Justice of the Peace: Hon. Dereck H. Taylor

Justice of the Peace: Perry Sinclair Missick

Justice of the Peace: R. Don-Hue Gardiner

Justice of the Peace virtute officii: Nevann Nadoo

The Coroners Ordinance CAP 2.05 provides for a Coroner for the Turks and Caicos Islands. The Magistrate is the ex officio Coroner of the Islands: Hon. Mrs Tanya Lobban-Jackson. The Coroner may appoint from time to time a deputy Coroner.

The Supreme Court of the Turks and Caicos Islands is a Superior Court of Record, being constituted by Section 77 of the Constitution of the Turks and Caicos Islands and the Supreme Court Ordinance CAP 2.02. The Supreme Court is a creature of statute but exercises any jurisdiction conferred upon it by the Supreme Court Ordinance CAP 2.02, any other law and the jurisdiction vested in the High Court of Justice in England (Section 3). Most criminal trials on indictment and some civil trials are heard by a Justice of the Supreme Court sitting with a jury pursuant to the Jury Ordinance CAP 2.09. Any Turks and Caicos Islander qualified to be registered as an elector aged between 21 years and 65 years and not otherwise disqualified or exempted, is qualified and liable to serve on a jury. Juries ordinarily consist of six members but all cases of treason, murder and piracy require juries of twelve persons (s.22 Jury Ordinance CAP 2.09). In civil cases, the Turks and Caicos Civil Rules 2000 are the applicable rules of Court which are based on the former Rules of the Supreme Court of England prior to the Civil Procedure Rules of England and Wales.

The current Justices of the Supreme Court of the Turks and Caicos Islands, appointed by H.E. the Governor are:

Chief Justice of the Supreme Court: Chief Justice Margaret Ramsay-Hale

Justice of the Supreme Court: Justice Paul Harrison

Justice of the Supreme Court: Justice Shiraz Aziz

The Registrar of the Supreme Court is: Mrs Renée McLean

The Senior Deputy Registrar of the Supreme Court is: Carlo Mason

Both the Magistrate’s Court and the Supreme Court have jurisdiction in relation to children and family matters under various recent legislation including the Matrimonial Causes Ordinance CAP 11.04, the Children (Care and Protection) Ordinance 2015, the Family Law (Guardianship, Custody and Access to Children) Ordinance 2015 and other Ordinances.

The Court of Appeal for the Turks and Caicos Islands is established by Section 80(1) of the Constitution of the Turks and Caicos Islands with a President and Justices of Appeal appointed by H. E. the Governor acting after consultation with the President of the Court.