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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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October 2023
The Honourable Attorney General of the Turks and Caicos Islands -v- Sean Sullivan (CL 53 of 2020) [2023] TCASC 86 (31 October 2023)
Leave to amend granted despite late service; no disclosure breach or irremediable prejudice found.
Amendment of pleadings – late amendment and alleged concealment; disclosure obligations – public-domain documents and scope of compulsory disclosure; whether affidavit required to justify lateness; prejudice — irremediable prejudice vs. compensable prejudice by costs; leave to amend under Order 20 r.5.
 31 October 2023
R v Clarence Nathaniel Williams (CR 54 of 2019) [2023] TCASC 95 (16 October 2023)
DPP may re‑indict after a nolle prosequi; reinstatement is not abuse absent unequivocal assurance and detrimental reliance.
Criminal law — Nolle prosequi — Effect of nolle prosequi under s.70 Criminal Procedure Ordinance — Interaction with s.100 Constitution — Implied power to re‑indict — Abuse of process — Test requires unequivocal assurance and detrimental reliance — Fair trial considerations and public interest in retrial.
 16 October 2023
R v Floyd Hall (CR 44 of 2012) [2023] TCASC 85 (16 October 2023)
Short custodial sentence, voluminous record and lapse of legal aid constituted exceptional circumstances; bail pending appeal granted.
Criminal law – Bail pending appeal – Power of Chief Justice under s.14(1) Court of Appeal Ordinance – No presumption in favour of bail after conviction – Bail only in exceptional circumstances (prima facie success or risk sentence served before appeal) – Delay from voluminous record and lapse of legal aid may constitute exceptional circumstances.
 16 October 2023
R v Floyd Hall and anor. (CR 44/12; CR 38/12) [2023] TCASC 84 (12 October 2023)
The first defendant received one year and the fourth defendant six months, with trial delay significantly mitigating sentences.
Criminal law – Sentencing – Applicability and weight of foreign sentencing guidelines (E&W, ECSC) – Common law bribery by public official – Money laundering under Proceeds of Crime Ordinance – Parity and proportionality in sentencing – Effect of unreasonable delay and breach of fair trial rights as mitigation – Custodial sentences imposed (1 year and 6 months).
 12 October 2023