Practice Direction 4 of 2020

Government Notice 380 of 2020

Repealed
This Government Notice was repealed on 2021-01-05 by Practice Direction 6 of 2020.
Citation
Government Notice 380 of 2020
Primary work
Supreme Court Ordinance
Date
26 June 2020
Language
English
Type
Legislation
Related documents
Turks and Caicos Islands
Supreme Court Ordinance

Practice Direction 4 of 2020

Government Notice 380 of 2020

  1. [Repealed by Practice Direction 6 of 2020 (Government Notice 933 of 2020) on 5 January 2021]
To provide for transitioning from remote to in-person court businessAUTHORITY: This Practice Direction is issued by the Chief Justice acting in conjunction with the Chief Magistrate pursuant to Section 17 of the Supreme Court Ordinance, and section 150 of the Magistrate’s Court Ordinance.
Whereas section 17 of the Supreme Court Ordinance vests authority in the Chief Justice to give directions for the practice and procedure of the Supreme Court.Whereas, section 150 of the Magistrate’s Court Ordinance vests power in the Magistrate to make rules for the effective execution of court business.Whereas the necessity to remove, reduce or limit human to human contact in response to the COVID-19 pandemic has been reduced, and the physical distancing protocols in place under the Emergency Powers (Covid-19) (No.5) Regulations 2020 permit the resumption of operation of in-person activities.And Whereas the duty of the courts to ensure the proper administration of justice in a safe and healthy environment remains paramount.Now therefore the following directions are made for the transition from the remote conduct of court business to the resumption of normal court business, including in-person hearings by the courts in the Turks and Caicos Islands whenever and wherever possible.

Introduction:

This Practice Direction seeks to vary Practice Direction No.3 of 2020 (issued on 23rd April 2020), in response to the easing up of certain COVID-19 pandemic measures, while continuing with measures for the protection of the health and safety of court personnel and court users.

Duration:

This Practice Direction will be in force from 22nd July 2020 when the borders of the Turks and Caicos Islands open to international traffic, until 31st of December 2020, unless sooner varied, revoked or replaced by the Chief Justice.

Variation:

Practice Direction No. 3 of 2020 is hereby varied and to the extent that it may be in conflict with this Practice Direction, will to that extent be varied, and substituted with this Practice Direction.

Interpretation:

‘Court Users’ shall, for the purposes of this Practice Direction, refer to persons necessary to hearings in any of the courts on a particular day, as well as persons appointed to meet with the Registrar, or to use the dropbox for filing and submission of documents.‘Necessary Persons’ to a hearing are: the Judge/Magistrate, Clerk of Court or Registrar, Interpreter, Prosecutors, litigants, Police Officers, Prison Officers, defence counsel, defendants, witnesses to be called in the day’s proceedings, and members of the media who have given notice of participation to the Registrar.‘Court Registry’ refers to the Registry of the Supreme Court, and the Magistrate’s Court as applicable.

Resumption of in-person court business:

1.Preliminary matters
(1)This Practice Direction is not intended to do away with remote hearings enabled under Practice Direction No. 3 of 2020.
(2)Remote hearings may be ordered by the Judge/Magistrate/Registrar (where applicable); this discretion may be exercised by them on their own motion, or upon the application of parties or counsel on either side.
(3)A Judge or Magistrate may make an order for a hearing which is partly remote, and partly in person.
(4)Except where a Judge/Magistrate makes an order for a remote hearing, or for a hearing which is partly remote and partly in person, all court proceedings in both civil and criminal trials shall be held in person.
(5)Except where this Practice Direction (which varies Practice Direction No. 3) provides to the contrary, all the business of the court shall be carried out in person, as was done in the period immediately preceding the revoked Practice Direction No. 2 of 2020.
2.Criminal trials
(1)For maximum public access, criminal trials shall as much as possible, be streamed live.
(2)The live-streaming link will be supplied by public notice.
Judge alone:
1.Judge alone trials shall continue to be at the election of a party, or the court, subject to the right of a defendant to object thereto in accordance with S. 58 of the Criminal Procedure Ordinance Cap.3:03
2.Judge alone trials shall be held in person subject to the provisions of paragraph 1(2) and (3) and paragraphs 6 (5) - 6 (9).
By Jury:By reason of the lack of adequate infrastructure to accommodate jury trials in accordance with physical distancing requirements, there will be no jury trials until further notice.
3.Civil trialsAll civil trials shall be heard in person, unless the court otherwise orders in accordance with paragraphs 1(2) and (3).
4.General protocols for court attendance
(1)All court staff and court users will wear face masks to enter the court building.
(2)The masks will be worn for the duration of their time in the court buildings, and even during court proceedings.
(3)Apart from court staff, only necessary persons will be permitted to enter the court building; and only necessary persons to a particular hearing shall be in the designated courtroom or in the area immediately outside the courtroom.
(4)Court users will enter the court building one after the other, keeping the six feet physical distancing protocol, as directed by the court’s security guards.
(5)Court users will be required to continue to keep the six feet physical distancing protocol once they enter the court building and also in the court room, Registrar’s office, and everywhere else in the court building.
(6)Court users will be required to sanitize their hands by accepting and using the hand sanitizers provided at the entrance to the court building.
(7)Any person who refuses to comply with these general protocols for court attendance will be denied entry to the court building.
(8)Where wash basins are provided with soap and water, court users are encouraged to wash their hands before entering or leaving their place of business in the building.
(9)All court users without exception will submit to temperature checks by use of a handheld thermometer.
(10)Any person displaying flu-like symptoms or whose temperature exceeds 99.5(°F)/37.5 (°C) will be denied entry to the court building.
(11)Witnesses will testify wearing masks unless permitted to do otherwise by the Judge or Magistrate.
(12)Counsel will address the court and make submissions as well as lead witnesses with masks on unless permitted to do otherwise by the Judge/Magistrate.
(13)Counsel are required to robe for physical court appearance, as was done immediately before the coming into force of Practice Direction No. 3 of 2020.
5.The proceedings-general provisions
(1)At any time, there will be no more than ten persons in a courtroom in line with directives provided by the Environmental Health Department.
(2)While the courtrooms will be sanitised, no in-person court proceedings shall be held for a period exceeding three hours at any time.
(3)Notwithstanding the availability of live streaming, members of the media who wish to observe the trial from the court premises may do so remotely from an assigned room in the court building upon giving notice to the Registrar, not less than forty-eight hours before the hearing.
(4)The Registrar is hereby authorised to deny access to members of the media and the public to the assigned room having regard to the necessary observance of physical distancing protocols.
(5)Witnesses shall be kept at a place within the court premises where the physical distancing protocol will be observed, and be escorted by a court official into the courtroom as needed.
(6)Only counsel of record in the case, and if the number limitation of ten persons permits, their junior counsel, may be in the courtroom.
(7)If more than one counsel represents parties on either side, one lead counsel for one side may sit at the end of the front row of the Bar, along with opposing counsel who may sit at the end of the opposite side.
(8)The other attorneys for the other parties may sit in the second row to observe the physical distancing protocol.
(9)It is where there is only one lead counsel on either side that junior counsel (only two of whom may be permitted at the hearing) may sit after the said lead counsel at the end of the row on opposite ends.
(10)Where a defendant participates in the proceedings by video link from the Prison, the room from which he appears and participates in the proceedings shall for all purposes, be designated the dock.
6.The hearing-judge alone trials
(1)Unless it is inconvenient or impracticable for defendants in custody to be physically present in court for pretrial matters or for trial, all defendants shall appear in court for in-person proceedings.
(2)Notwithstanding this provision, no person shall be transported from Prison custody at Grand Turk to the Supreme Court at Providenciales for trial.
(3)All criminal trials scheduled for hearing at the Supreme Court, Providenciales, shall take place before a Judge in person at Providenciales.
(4)Where a defendant is in custody at HM Prisons, Grand Turk, he will stand trial at the Supreme Court before a Judge in person at Grand Turk.
(5)Notwithstanding the preceding provision, a Judge, being unable to travel to Grand Turk to conduct the trial by reason of continuing COVID-19 restrictions, may decide to conduct the hearing from Providenciales by video link over a matter in which the defendant is at Grand Turk, whether or not he is in Prison custody.
(6)A defendant may participate in the proceedings set out in the preceding paragraph, being physically present at the Supreme Court in Grand Turk, by video link.
(7)Where in the circumstances set out in the preceding paragraph, it is impracticable for the defendant being in Prison custody to be present at the Supreme Court in Grand Turk for the hearing by video link before a judge at Providenciales, the defendant shall participate in the proceedings from the Prison by video link.
(8)Where a trial takes place at the Supreme Court, Providenciales, with the defendant participating from the Supreme Court at Grand Turk, or from Prison custody at Grand Turk, witnesses in Providenciales shall testify from the witness box in the courtroom before the Judge; while witnesses in Grand Turk shall testify from the Supreme Court in Grand Turk by video link.
(9)Where more than one defendant is arraigned or stands trial on criminal charges and appears physically in court, whether physically before the Judge at Providenciales, or by video link from the Supreme Court in Grand Turk, the defendants may stand in the dock, and any area in the courtroom designated the dock, for the purpose of the arraignment/trial.
(10)Where a trial is held at the Supreme Court at Providenciales, counsel being physically present, may take instructions/communicate with defendants being physically present in the dock, on the mobile telephones provided in the dock and in the witness box.
(11)Before court proceedings, counsel may take instructions from defendants whether on bail or in custody, in the conference/robing room provided for such in the Supreme Court building which will observe the physical distancing protocol.
7.The hearing-Magistrate’s court
(1)Unless it is inconvenient or impracticable for defendants in custody to be physically present in court for pretrial matters or for trial, or unless the Magistrate decides to conduct a hearing remotely, all defendants must appear in person in court proceedings.
8.Filing of documents-general provisions
(1)A document may be filed by email or physically at the Registry.
(2)The procedure for the filing of documents/processes/exhibits by email in the Supreme Court and the Magistrate’s Court in Practice Direction No. 3 of 2020, shall remain unaltered.
(3)Where filing is done physically, counsel/parties shall leave the documents along with payment receipts at the Registry in a dropbox provided at the Registry.
(4)Where filing is done physically, the paper documents/processes/exhibits/bundles shall be submitted whether in files, envelopes or boxes, encased in plastic or other impermeable or water resistant material that may be sanitized by wiping.
(5)In addition to the foregoing provisions, and the provisions on the filing of documents in Practice Direction No. 3, a document sent by email or lodged at the Court Registry will not be filed unless a payment receipt accompanies the documents or (with the Registrar’s permission), a cheque covering the requisite fees is received.
(6)Documents submitted with incorrect filing fees or that do not comply with the relevant rules of court or with this Practice Direction will be rejected/returned.
(7)Where a party files a document by email he must not send a hard copy of that document to the Court Registry unless directed to do so by the court; filed hard copies of documents must not be resent by email, unless the court directs otherwise.
(8)Documents filed by email shall be sent as attachments and not text in the body of the email; and must be in (PDF) format.
(9)Draft orders shall be filed in Microsoft Word (MSWord) format.
(10)All documents, except documents exceeding 20 pages, may be filed by email.
(11)Attendance at the Registry for physical filing of documents shall be by appointment only to be made at the addresses provided in the schedule to this Practice Direction.
(12)Documents for filing by email shall be sent to courtregistry@gov.tc or magistratecourttci@gov.tc as applicable.
(13)Requests for searches or copies of court records (which must be accompanied by payment receipts); requests for payment vouchers, inquiries or communications about court proceedings or any other court related matter at the Supreme Court or at the Magistrate’s Court shall be sent to: supremecourttci@gov.tc or magistratecourttci@gov.tc as applicable.
(14)Documents shall not be sent for filing to the personal email addresses of court staff or any other court email address, unless directed by the Court.
(15)In addition to the provisions on the time of filing set out in PD3, the court shall treat a document as filed on the date and time the documents are received by email at courtregistry@gov.tc or magistratecourttci@gov.tc as applicable, along with a payment receipt indicating that the appropriate fees have been paid.
(16)A document purportedly filed by email that is not a specified document, shall not be treated as filed.
(17)The description of a document to be contained in the email by which it is filed shall be as in the Schedule to these directions.
(18)The court takes no responsibility for the security of the information (flagged as sensitive, confidential, or otherwise) sent by email.
9.Filing fees
(1)All filing fees, whether or not documents are submitted by email or physically lodged at the Court Registry, or any other fees or payments made to the Supreme Court or the Magistrate’s Court in relation to a court proceeding, shall be paid online.
(2)The payment shall be made to TCIG via an on-line transfer of funds, unless the Registrar/ Clerk of Court (as the case may be) gives permission to present a cheque for payment.
(3)Online payments shall be made in this manner:
i.The payer shall request a payment voucher from the Registry by sending an email to supremecourttci@gov.tc or magistratecourttci@gov.tc as applicable.
ii.For the verification of filing fees, the document(s) being filed must be attached to the email.
iii.No request for a payment voucher may be sent to the personal email addresses of court staff or any other court email address.
iv.The subject line of the email shall read: “Request for Payment Voucher”, followed by the file number.
v.An email for a payment voucher for a new matter at the Supreme Court shall have the following subject line: “Request for Payment Voucher - NEW CIVIL”; “Request for Payment Voucher - NEW PROBATE, or “Request for Payment Voucher - NEW DIVORCE” for the filing of Civil & Commercial matters, Probate & Administration matters, or Divorce matters respectively.
vi.An email for a payment voucher for a new matter at the Magistrate’s Court shall have the following subject line: “Request for Payment Voucher - NEW CIVIL”; “Request for Payment Voucher - NEW DOMESTIC; “Request for Payment Voucher - NEW CRIMINAL or “Request for Payment Voucher - NEW NIB” for filing of Civil, Domestic, Criminal and NIB matters respectively.
vii.The body of the email requesting for a payment voucher in either court shall include:
1.The file number (if available);
2.The title of the matter;
3.The document(s) to be filed;
4.The amount to be paid; and
5.The name and telephone number of the person sending the email.
viii.Upon receipt of a request, the court will send an email with the voucher attached.
ix.Online payments shall be made only upon receipt of the payment voucher.
x.Persons seeking to make online payments shall upon receipt of the payment voucher, verify that it reflects the correct filing fees. Documents submitted for filing with incorrect filing fees will be rejected/returned.
xi.Online payment shall be made by on-line transfer from your bank account to any of TCIG’s account listed below:CIBCFCIB: Account # 1575027, Name — TreasurySCOTIABANK: Account # 000754415, Transit - 94045, Name - Turks and Caicos Islands Government.RBC Account # 4020087, Transit - 05395, Name - Turks and Caicos Islands Government.
xii.The online payer shall send an email containing a copy of the payment voucher and a screenshot showing proof of payment on-line to: treasuryreceipts@gov.tc.
xiii.The Treasury after verifying the payment, shall send a confirmation email with the payment voucher stamped “PAID”.
xiv.Upon payment, documents may be filed either by:
a.Leaving a copy of the payment receipt along with the documents to be filed at the Court Registry, or
b.Sending a copy of the payment receipt and documents to be filed to courtregistry@gov.tc or magistratecourttci@gov.tc as applicable.
10.Urgency
(1)An urgent application at the Supreme Court must be accompanied by a “Certificate of Urgency” signed by counsel or by the applicant if he acts in person.
(2)The certificate must set out in an accompanying affidavit, the relevant facts which make the matter fit for urgent hearing.
11.Service of processes/documents:
(1)Service of documents, processes and bundles may be done either electronically in accordance with the procedure set out in Practice Direction No. 3 of 2020, or physically.
(2)Acknowledgement of, and proof of service shall be done either electronically or at the direction of the Registrar/Clerk of Court, by filing same at the Registry.

Schedule A

Description of documents for filing by email

1.The file names of all documents submitted for filing by email must start with the file number (if available), followed by the name of the document. Example: “CL 00/20 - Notice of Change of Attorney”.
2.For filing at the Supreme Court, the subject line of the email must read as follows:Civil: CIVIL [File number] [Names of the parties] example: “CIVIL - CL 00/20 John Doe v Jane Doe”.Criminal: CRIMINAL [File number] [Names of the parties], example: “CRIMINAL - CR 00/20 R v Jane Doe”.Divorce: DIVORCE [File number] [Names of the parties], example “DIVORCE - D 00/20 Jane Doe v John Doe.Probate: PROBATE [File number] [Names of the matter] example: “PROBATE - PA 00/20 In the Estate of John Doe”.
3.For filing at the Magistrate’s Court, subject line of the email must read as follows:Civil: CIVIL [File number] [Names of the parties] example: “CIVIL No. 00/20 John Doe v Jane Doe”.Criminal: CRIMINAL [File number] [Names of the parties], example: “CRIMINAL No. 00/20 R v Jane Doe”.NIB: NIB [File number] [Names of the parties], example: “NIB No. 00/20 NIB v John Doe”Domestic: DOMESTIC [Type of Application] [File number] [Names of the parties], example:“DOMESTIC - PROTECTION No. 00/20 Jane Doe v John Doe.”

Schedule B

Addresses

i.The address for appointments for the filing of documents is: supremecourttci@gov.tc; magistratecourttci@gov.tc as applicable.
ii.The telephone numbers for making appointments and for making enquiries at the Supreme Court, are:Supreme Court Registry Grand Turk: 338-3968/231-7409Supreme Court Registry Providenciales: 338-4203/232-2460
NOTE: The email address: courtregistry@gov.tc is for filing of documents only, it is not designed or intended to receive any inquiries or other communications about court proceedings.
iii.The telephone numbers for making appointments and for making enquiries at the Magistrate’s Court are:Magistrate’s Court Registry (Grand Turk): 338-3967/ 232-3949Magistrate’s Court Registry (Providenciales): 338-4201/ 338-4205 /232-7240
Issued this 22nd day of June 2020By:Mabel M. AgyemangChief Justice
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History of this document

05 January 2021
22 July 2020
Commenced
26 June 2020 this version
22 June 2020
Assented to