THE TURKS & CAICOS ISLANDS Law and Practice Contributed by: Stephen Wilson KC, Dominique Gardiner and Lovelie Luxama, Wilson Wells
Wilson Wells Unit A200 Graceway House Graceway Plaza Leeward Highway Providenciales TKCA 1ZZ Turks and Caicos Islands Tel: +1 649 339 4130 Email: smw@wilsonwells.com Web: www.wilsonwells.com
1. General 1.1 General Characteristics of the Legal System The Turks and Caicos Islands are a self-governing constitutional democracy under the British Crown. They have a written Constitution, the most recent ver- sion of which came into force on 10 December 2024. The Turks and Caicos Islands Constitution Order 2011 is an order made by Her Majesty Queen Elizabeth II in Council in exercise of the powers conferred upon Her by Sections 5 and 7 of the West Indies Act 1962, and was recently amended by the Turks and Caicos Islands Constitution (Amendment) Order 2024. The majority of local laws are enacted by the legisla- ture for the Turks and Caicos Islands, which consists of His Majesty (whose executive authority is exercised on His behalf by the Governor) and a Parliament (for- merly “House of Assembly”). The Islands’ legal system is based on English com- mon law and the doctrines of equity, with primary statutory law drawn from: • certain acts of Parliament in England that were extended to the Bahama Islands (of which the Turks and Caicos Islands then formed part) in 1799 and that remain relevant; • such subsequently enacted laws of the UK that specifically extend to the Turks and Caicos Islands; • treaties and conventions relevant to the Turks and Caicos Islands;
• laws of The Bahamas, Jamaica or the former Fed- eration of the West Indies that apply to the Turks and Caicos Islands; and • local laws enacted by the Turks and Caicos Islands Legislature. The courts of the Turks and Caicos Islands hear cases based primarily on the adversarial model, which is very similar to that operated in other Caribbean countries and in England and Wales. Proceedings are generally conducted through both written submissions and oral argument, as well as cross-examination of witnesses. 1.2 Court System The judges and magistrates appointed to any court of the Turks and Caicos Islands are independent from the legislative and executive branches of government, which is a constitutional requirement. The legislature and the cabinet are constitutionally required to uphold the rule of law and judicial independence, and are required to ensure that adequate funds are provided to support the judicial administration in the Islands. The Judicial Service Commission for the Turks and Caicos Islands is created by Section 86 of the Consti- tution of the Turks and Caicos Islands. It advises the
Governor with regard to: • judicial appointments;
• disciplinary control over persons holding the offices of Chief Justice, President of the Court of Appeal, Registrar and Deputy Registrar; and
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