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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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February 2010
Regina v Kingsley Arthur and others (CR 50 of 2006) [2010] TCASC 26 (9 February 2010)
Blood sample taken in custody without statutorily required court order and notifications excluded as improperly obtained.
* Criminal procedure – intimate samples (blood) – statutory regime under Police Force Ordinance s.37B – court order, written consent, notification and recording requirements. * Evidence – admissibility – discretion to exclude self‑incriminatory material improperly obtained from accused (R v Sang exception) – fairness and right against self‑incrimination. * Police procedure – failure to follow mandatory safeguards renders consent unfair and evidence inadmissible.
 9 February 2010
Goldman v Equity Ltd. and Others (CL 5 of 2010) [2010] TCASC 3 (1 February 2010)
Interim injunction restraining mortgagee auctions refused where damages adequate and applicant failed to make full and frank disclosure.
Interlocutory injunctions – American Cyanamid principles – adequacy of damages as remedy – urgency applications requiring full and frank disclosure – adequacy of undertaking in damages – mortgagee auctions and enforcement.
 1 February 2010