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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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2 judgments
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2 judgments
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November 2010
R and Another v The Public Service Commission (CL 90 of 2010) [2010] TCASC 15 (19 November 2010)
Governor/PSC lawfully placed a senior officer on administrative leave pending investigation; not unlawful interdiction.
Public service law – administrative leave under General Order 8.1.11 – lawful to require senior officer to take/ remain on leave pending investigation; Interdiction under Regulation 34 requires disciplinary or criminal proceedings to have been or be about to be instituted; Procedural fairness requires adequate particulars and opportunity to respond once disciplinary proceedings are indicated; Ultra vires challenge to appeal regulation (Reg 41) not determined.
 19 November 2010
Morris v Regina (B 26 of 2010) [2010] TCASC 22 (5 November 2010)
Prior trial involvement does not automatically disqualify a judge from hearing bail pending appeal; case returned for hearing and legal aid ordered.
Criminal procedure – Bail pending appeal – Requirement to consider grounds of appeal and real possibility of success – Time likely to be served before appeal relevant to bail decision. Recusal – Prior role as trial judge not automatically disqualifying in bail applications, though genuine anxiety may justify adjournment. Legal aid – Prompt provision can be ordered to facilitate appellate representation; inability to fund overseas counsel while in custody may justify renewed bail application. Case management – Application returned to allocated judge to fix hearing date when initial listing fails.
 5 November 2010