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Judicial Committee of the Privy Council

This is the final court of appeal for the Turks and Caicos Islands.

To take an appeal to the Privy Council, the appellant must have been granted leave by the Court of Appeal whose decision is being appealed. In the absence of leave, permission to appeal must be granted by the Privy Council. In some cases, there is an appeal as of right and a slightly different procedure applies.

The Privy Council also has the jurisdiction, under section 85(6) of the Constitution to consider a request of the Governor under s 85(7) of the Constitution to remove a judge or Magistrate from office.

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1 judgment

Citation	Judgment date
May 2012
Hoffmann, (on the application of) v Commissioner of Inquiry and the Governor (JCPC 116 of 2010) [2012] UKPC 17 (23 May 2012) Commissioner could make provisional findings about implicated third parties; overall procedure was not unfair. Commissions of Inquiry – terms of reference – scope to investigate persons "in relation to" elected officials; provisional fact‑finding and recommendations for criminal investigation permitted; procedural fairness – Salmon principles apply flexibly; s7 Ordinance entitlement to representation and to be treated as a person whose conduct is subject of or implicated in inquiry; where a reasonable opportunity to give oral evidence is offered and substantial written submissions are considered, there is not necessarily unfairness requiring removal of findings.	23 May 2012

Citation

Judgment date

May 2012

Hoffmann, (on the application of) v Commissioner of Inquiry and the Governor (JCPC 116 of 2010) [2012] UKPC 17 (23 May 2012)

Commissioner could make provisional findings about implicated third parties; overall procedure was not unfair.

Commissions of Inquiry – terms of reference – scope to investigate persons "in relation to" elected officials; provisional fact‑finding and recommendations for criminal investigation permitted; procedural fairness – Salmon principles apply flexibly; s7 Ordinance entitlement to representation and to be treated as a person whose conduct is subject of or implicated in inquiry; where a reasonable opportunity to give oral evidence is offered and substantial written submissions are considered, there is not necessarily unfairness requiring removal of findings.

23 May 2012