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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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Citation	Judgment date
June 2015
Misick and others v The Queen (Turks and Caicos) (Privy Council Appeal 42 of 2015) [2015] UKPC 31 (25 June 2015) Ad hoc appointment did not undermine judicial independence; judge-alone trial decision is an evaluative balancing, not a criminal-standard proof matter. * Constitutional law — right to a fair hearing by an independent and impartial court — security of tenure and ad hoc judicial appointments. * Judicial independence — individual and institutional independence; role of an independent Judicial Service Commission. * Criminal procedure — trial without jury under statutory "interests of justice" test is an evaluative balancing exercise, not governed by the criminal standard of proof. * Evidence/admissibility distinction — factual preconditions requiring proof vs evaluative judicial judgments in the interests of justice.	25 June 2015

Citation

Judgment date

June 2015

Misick and others v The Queen (Turks and Caicos) (Privy Council Appeal 42 of 2015) [2015] UKPC 31 (25 June 2015)

Ad hoc appointment did not undermine judicial independence; judge-alone trial decision is an evaluative balancing, not a criminal-standard proof matter.

* Constitutional law — right to a fair hearing by an independent and impartial court — security of tenure and ad hoc judicial appointments. * Judicial independence — individual and institutional independence; role of an independent Judicial Service Commission. * Criminal procedure — trial without jury under statutory "interests of justice" test is an evaluative balancing exercise, not governed by the criminal standard of proof. * Evidence/admissibility distinction — factual preconditions requiring proof vs evaluative judicial judgments in the interests of justice.

25 June 2015