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Supreme Court of Turks and Caicos Islands

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.

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3 judgments
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3 judgments
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July 2008
In Re: Smith and Others (CL 80 of 2008) [2008] TCASC 3 (31 July 2008)
Respondents must disclose sources of funds under a Mareva-type disclosure order before restraint variation is considered.
Proceeds of Crime Ordinance s43 – restraint orders – purpose: preserve realisable property for confiscation Court power to permit reasonable living and legal expenses under s43(2)(a) but exercise limited by need to avoid unreasonable diminution of assets Mareva-type disclosure – court may order disclosure of sources of funds in civil restraint proceedings Failure to comply with disclosure requirement justifies refusal to vary restraint order
 31 July 2008
Pinder v Reginam (CR-APM 11 of 2008) [2008] TCASC 6 (29 July 2008)
Sentence quashed where magistrate effectively punished unadmitted intent to supply; substituted 14 months for simple possession.
Criminal law – Sentencing – Illegitimate reliance on unadmitted more serious offence (possession with intent to supply) – Courts must not sentence for an offence not admitted; unrepresented accused must be informed; mitigation evidence may be received before sentence.
 29 July 2008
In Re: Robinson and Another v Auld and Another (CL 83 of 2008) [2008] TCASC 12 (28 July 2008)
Appointment of broad corruption inquiry upheld; direction allowing recommendation to extend terms of reference struck down as ultra vires.
Commissions of Inquiry — scope and validity of terms of reference — requirement that subject and scope be sufficiently defined but allowance for reasonable Commission discretion. Delegation — distinction between permitting recommendations and unlawfully delegating statutory powers. Statutory power — absence of power under Ordinance to extend terms of reference; direction to recommend extension declared ultra vires and severed.
 28 July 2008