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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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November 2020
Attorney General of the Turks and Caicos Islands v Misick and others (JCPC 72 of 2020) [2020] UKPC 30 (13 November 2020)
Emergency Regulations permitting a judge to sit remotely are valid; remote judging not inherently unfair, trial judge to assess fairness.
Constitutional law – judicial sittings – interpretation of emergency regulations permitting remote hearings; statutory construction and purposive approach; limits on subsidiary legislation where Constitution implies forum is territorial; criminal procedure – fair trial and inequality of arms – remote judging not per se unfair; case‑management discretion of trial judge; inherent jurisdiction – remote participation permissible where hearing takes place in territorial courtroom.
 13 November 2020