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Court of Appeal of Turks and Caicos Islands

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.

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2 judgments
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2 judgments
Citation
Judgment date
November 2002
Ellie v The Crown (CR-AP 14 of 2003) [2002] TCACA 1 (10 November 2002)
Whether the magistrate lawfully committed a substantial cocaine possession case to the Supreme Court and preserved the appellant’s fair-trial rights.
Criminal procedure – mode of trial – magistrate’s discretion to commit either-way offences for trial on indictment – relevance of quantity of controlled drug and adequacy of summary sentencing powers.* Controlled drugs – possession with intent to supply – substantial quantity (560g cocaine) as factor justifying committal.* Constitutional right to fair trial – section 72(1) and protection from double jeopardy – committal for trial does not in itself violate fair trial rights.* Magistrate’s Court Ordinance – application of ss.34, 40, 53, 54, 70 and s.161(1) – committal v summary conviction.* Conspiracy charge – whether rightly maintained and committed for trial.
 10 November 2002
August 2002
BARRY HANSEN and ORS. v VINCENT WARNER and ORS. (CL-AP 3 of 2001) [2002] TCACA 2 (11 August 2002)
Registrar cannot use Rule 25(1)(c) to require security for a respondent’s appeal costs; deposit should be nominal (max $500).
Court of Appeal practice — Registrar’s powers under Rule 25(1)(b) and (c) — deposit for record preparation versus penal security for non-prosecution — Rule 25(1)(c) not a mechanism for security for respondent’s costs — security for costs governed by Rules 18, 35 and 36 (written demand, affidavit, inter partes application) — cap of $500 for Registrar’s penal deposit.
 11 August 2002