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Special Provisions for Jury and other Trials in Grand Turk

Practice Direction 2 of 2023

Special Provisions for Jury and other Trials in Grand Turk
This is the latest version of this Practice Direction.
Citation
Practice Direction 2 of 2023
Primary work
Supreme Court Ordinance
Date
1 July 2023
Language
English
Publication
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Turks and Caicos Islands
Supreme Court Ordinance

Special Provisions for Jury and other Trials in Grand Turk

Practice Direction 2 of 2023

  • Published
  • Assented to on 18 April 2023
  • Commenced on 1 July 2023
  • [This is the version of this document from 1 July 2023.]
Authority: This Practice Direction is issued by the Chief Justice pursuant to Section 17 of the Supreme Court Ordinance, and the Court Live Link (Remote Participation) Ordinance 2020.Duration: This Practice Direction will be in force from 1st of July, 2023, until it is varied, revoked or suspended, or replaced by the Chief Justice.
Whereas the duty of the courts to ensure the proper administration of justice remains paramount;Whereas there is a necessity to conduct some jury trials held in Grand Turk in a hybrid manner, to enable the participation of witnesses and the appearance of counsel who are resident in, or work from Providenciales;And Whereas it is necessary to make provisions to enable the synchronisation of the conduct of proceedings from two islands;Now Therefore this Practice Direction is made to provide for the conduct of hybrid proceedings in jury trials in Grand Turk allowing for the remote participation of witnesses and counsel from Providenciales.

Definition

"Court" refers to the Judge and Jury and all participants in person at Grand Turk, and witnesses, counsel and all participants appearing remotely from Providenciales, and includes "breakout rooms" made available for confidential consultation.
1.Conduct of trials
1.Jury Trials in Grand Turk involving accused persons including those remanded or unable to take up an offer of bail, may be held in a hybrid manner: partly remote and partly in person.The Court, made up of the Judge, jury, Court Staff, Interpreter, Counsel present at Grand Turk (if any), Prison Guard (Officer) may sit in person at Grand Turk to conduct the trial.
2.Witnesses, Prosecutors, defence counsel and a Court Clerk may participate in the trial, remotely from a court room in Providenciales.
3.Attorneys appearing remotely in the trial shall be provided with an electronic "breakout room" facility where they may hold private discussions and consultation with defendants during the course of a trial.
4.An Attorney who wishes to use a "breakout room" may write to the Registrar at least forty-eight hours before the trial, to be afforded the facility before the trial, or if not, by applying to the judge for the facility to be provided at any stage of the trial.
3.All proceedings so conducted shall be valid, as having been conducted in the courtroom in which the trial takes place.[Please note: Numbering as in original.]
2.Special measures
1.Where at the hearing, it becomes apparent that a witness is a vulnerable witness, as defined by sections 3 and 4 of the Vulnerable Witnesses Ordinance 2020, or one in respect of whom the Director of Public Prosecutions under section 5 thereof has applied for relevant arrangements to be made for special measures, or in respect of whom the court makes a special measures direction under section 6 thereof, that witness shall be placed in the Vulnerable Witness' Room at Grand Turk, or at Providenciales where he will be led in evidence, cross-examination as the case may be, via audio visual link in accordance with sections 12 and 13(1) and (2) of the Vulnerable Witnesses Ordinance 2020.
3.Jury deliberationsThe jury may conduct their deliberation from the Jury Room or the Judicial Education Institute (JEI) Office.
4.Preliminary hearings and judge alone trials
1.A judge may sit in Providenciales and conduct judge-alone trials of a defendant who appears remotely from a courtroom at Grand Turk.
2.A Judge may sit in Providenciales to conduct preliminary hearings of matters impacting on a criminal trial of a defendant who appears remotely from a courtroom in Grand Turk, or from the Prison at Grand Turk if no courtroom is available.The provisions of Practice Direction No. 6 of 2020 (Reissued) paragraph 4(5) continue in force.

History of this document

01 July 2023 this version
Commenced
18 April 2023
Assented to
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