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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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August 2013
Luciano and Others v The Crown (CR-APM 11 of 2013; CR-APM 15 of 2013; CR-APM 19 of 2013) [2013] TCASC 8 (21 August 2013)
Orders authorising biological samples are final and appealable; buccal swabs are "intimate" and appeals dismissed.
Criminal procedure — Police Force Ordinance — orders for intimate and non-intimate samples; finality of sample-taking orders and right to appeal; commencement of appeal and effect of recognizance on stay; definition of "intimate sample" includes buccal swabs; validity of affidavits sworn before presiding magistrate; orders may be made while suspect is in prison custody.
 21 August 2013
Cox v The Crown (CR-APM 3 of 2013) [2013] TCASC 4 (6 August 2013)
Appeal dismissed where original information showed required magistrate endorsements; omission from appeal bundle did not void conviction.
Magistrates' Courts Ordinance s.18 — endorsement of information — mode of trial, election, plea — appeal against conviction — completeness of appeal record — nullity of proceedings.
 6 August 2013
DEKENDRO COX –V- THE CROWN (CR-APM 8 of 2013) [2013] TCASC 5 (6 August 2013)
An appeal alleging a conviction was null for missing magistrate endorsements failed because the original information was properly endorsed.
Magistrate's Courts Ordinance s.18 – endorsement on information – mode of trial/election/plea; Strict compliance required; Appeal bundle deficiencies do not establish nullity where original record shows proper endorsements; Appellate review of original record permitted when bundle incomplete.
 6 August 2013