Attorney-General of the Turks and Caicos Islands

Legal advisor to the Government of Turks and Caicos Islands

The Attorney-General of the Turks and Caicos Islands is the legal adviser to the Government and House of Assembly of the Turks and Caicos Islands.^[1] Previously administered indirectly via Bermuda, Jamaica and the Bahamas, the islands received their own governor and became a separate autonomous British Overseas Territory when Bahamas became independent in 1973.

Appointment and remuneration

The Attorney-General is appointed by the Governor under Section 91 of the 2011 Constitution.^[2] Under the 1988 Constitution, appointment and dismissal of the Attorney-General was in the sole discretion of the Governor.^[3] The 2006 Constitution added the requirement the Governor must consult with the Premier before appointing the Attorney-General, and may only remove the Attorney-General with the prior approval of the Secretary of State, for inability to discharge the functions of his or her office, or for misbehaviour.^[4] The 2011 constitution removed the requirement to consult with the Premier before appointment, but retained the requirement to obtain approval of the Secretary of State for removal.^[5] The Turks and Caicos Islands Constitutional and Electoral Reform Project (CER) had initially suggested that the 2011 Constitution provide for the Attorney-General to be appointed by the Premier or the Cabinet (as in other British Overseas Territories and Commonwealth countries) instead of the Governor, but in the end the CER decided to avoid recommending drastic changes to the appointment process, leaving the issue open instead for a potential future constitutional amendment.^[6]

Section 125 of the 2011 Constitution newly provides that the remuneration of the Attorney-General should be prescribed by Ordinance, that such remuneration should be paid out of the Consolidated Fund, and that the level of remuneration shall not be altered to the disadvantage of the Attorney-General save through an Ordinance which makes an equivalent reduction to the remuneration of all members of the public service.^[7]

Legal powers

Current powers

The power of the Attorney-General to act as legal adviser to the Government and the House of Assembly arises from Section 41 of the 2011 Constitution.^[1] The Attorney-General also has a variety of powers with regards to elections:

The power, in common with any registered elector and partially in common with members of the House of Assembly, to make an application to the Supreme Court to determine the question of the validity of any member's election to the House of Assembly, or whether such a member has vacated his or her seat;^[8]
The sole power to file suit in the Supreme Court to recover a fine of $1000 per day from any person who sits or votes in the legislature without reasonable belief that he or she is entitled to do so;^[9]
Newly in the 2011 Constitution, the power, in common with any registered elector, to challenge the veracity of a declaration made by a candidate for election to the House of Assembly that the said candidate "is qualified for election under section 46 and that no disqualification mentioned in section 49 applies to him or her".^[10]

Historical powers

The 1988 and 2006 Constitutions gave the Attorney-General broad powers with regards to criminal proceedings.^[11] These were, namely, the powers:^[12]

to institute and undertake criminal proceedings against any person before any court in respect of any offence against any law in force in the Islands;
to take over and continue any such criminal proceedings that have been instituted by any other person or authority; and
to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or herself or any other person or authority.

Exercise of these powers was "not subject to the direction or control of any other person or authority".^[13] However, the CER raised the concern about the "many hats" worn by the Attorney-General resulting in confusion over the proper functions of the role, and also pointed out that in other parts of the Commonwealth the functions with regards to criminal proceedings were typically vested in a separate Director of Public Prosecutions.^[6] As a result, the 2011 Constitution created the new position of Director of Public Prosecutions of the Turks and Caicos Islands and handed these powers over to that officer.^[14]

Other functions

Aside from powers in legal proceedings, the Constitution gives other powers to the Attorney-General as well. The Attorney-General is a member of the Cabinet and one of five unelected members of the House of Assembly.^[15] The Attorney-General first became a member of the legislature (then, the Legislative Council) under a 1993 amendment to the 1988 constitution, which was continued under the 2006 Constitution.^[16] The CER initially recommended that the Attorney-General should be removed entirely as a member of the House of Assembly, though he or she would retain the right to speak in person or appoint a delegate to speak at Assembly meetings.^[6] In the end, the 2011 Constitution continued the Attorney-General's membership in the House of Assembly, but stripped him or her of the right to vote.^[17]

When both the Governor and Deputy Governor are absent from the country or unable to perform the functions of their offices, the Attorney-General becomes the Acting Governor.^[18] Similarly, when both the Governor and Deputy Governor are absent from a meeting of the Cabinet, the Attorney-General presides over the meeting.^[19]

The 2006 Constitution made the Attorney-General a member of the newly established five-member Advisory National Security Council.^[20] The 2011 Constitution made the Attorney-General of the newly established four-to-six person Mercy Committee (with which the Governor consults on pardons), and provided that the Mercy Committee may only transact business in the presence of the Attorney-General.^[21]

List of attorneys-general

Michael Jennings^[22] (1976-1980) [Ena Joyce St. Clare Collymore-Woodstock,^[23] 1977–1978 (acting)]
Michael Bradley^[24] (1980)
Terence Donegan^[25] (1980–1982) (deported, 1987)
David Geoffrey Lang^[22] (1982-1987)
Ian Stuart Lamb^[22] (1987-1991)
Glen Dale Gatland^[22] (1991-1993)
David Ferguson Ballantyne^[22] (1993-1998)
David John Jeremiah^[22] (1998-2004)
Kurt de Freitas^[26] (2004–2010)
Huw Shepheard^[26] (2010–2014)
Rhondalee Braithwaite-Knowles^[27] (2014–present)

Notes

^ ^a ^b Constitution 2011, Section 41
^ Constitution 2011, Section 91
^ Constitution 1988, Section 59
^ Constitution 2006, Section 85
^ Constitution 2011, Section 91(2) and (3)
^ ^a ^b ^c CER 2011, p. 16
^ Constitution 2011, Section 125
^ Constitution 2011, Section 53(2); formerly Constitution 2006, 52(2). The same provision earlier appeared in the Constitution 1988, Section 29(2), save that the reference then was to the Legislative Council.
^ Constitution 2011, Section 54(2); formerly Constitution 2006, Section 52(2) and Constitution 1988, Section 30(2). The amount of the fine has been raised from $200 under the 1988 constitution and $500 under the 2006 constitution.
^ Constitution 2011, Section 50(3)
^ Constitution 2006, Section 39 and Constitution 1988, Section 17; these are identical, save for changes in the numbering of other Sections referenced.
^ Constitution 2006, Section 39(1)
^ Constitution 2006, Section 39(5)
^ Constitution 2011, Section 100
^ Constitution 2011, Section 31(1) and 43
^ Constitution 2006, Sections 27(1) and 41(1) and Constitution 1988, Section 7(1) and 19
^ Constitution 2011, Section 43(2)
^ Constitution 2011, Section 26(1); formerly Constitution 2006, Section 23(1). The same provision appeared earlier in the Constitution 1988, Section 3(1), save that the reference was to the Chief Secretary rather than the Deputy Governor.
^ Constitution 2011, Section 39(2); formerly Constitution 2006, Section 35(2) (with the reference being to the Executive Council rather than the Cabinet) and Constitution 1988, Section 15(2) (with the reference being to the Chief Secretary rather than the Deputy Governor).
^ Constitution 2006, Section 38(1)
^ Constitution 2011, Section 127(1) and (6)
^ ^a ^b ^c ^d ^e ^f "History of Parliament". gov.tc. Retrieved 1 July 2018.
^ "Personalities". Discover Jamaica.com. Retrieved 29 September 2015.
^ "Michael Bradley". Telegraph.co.uk. 17 May 2010. Retrieved 18 May 2010.
^ The Europa World Year: Kazakhstan - Zimbabwe
^ ^a ^b "Appointment of a new Attorney-General for the Turks and Caicos Islands". Foreign and Commonwealth Office. 10 August 2010. Archived from the original on 23 December 2012. Retrieved 30 October 2012.
^ "New attorney general appointed in Turks and Caicos". Caribbean News Now. Retrieved 28 September 2015.

References

Final recommendations for changes to constitutional and electoral arrangements in the Turks and Caicos Islands (PDF). Turks and Caicos Islands: Constitutional and Electoral Reform Project. February 2011. Archived from the original (PDF) on 27 May 2018. Retrieved 30 October 2012.
The Turks and Caicos Islands Constitution Order 2011. legislation.gov.uk. Retrieved 30 October 2012.
"Schedule 2: The Constitution of the Turks and Caicos Islands". The Turks and Caicos Islands Constitution Order 2006. legislation.gov.uk. Retrieved 30 October 2012.
The Constitution of the Turks & Caicos Islands and Related Legislation (PDF). Turks and Caicos Islands: Law Revision Commissioner. 15 May 1998. Archived from the original (PDF) on 26 January 2012. Retrieved 30 October 2012.

External links

Attorney-General's Chambers on gov.tc

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^{^}These three form the SSS islands that with the ABC islands comprise the Dutch Caribbean, of which ^*the BES islands are not direct Kingdom constituents but subsumed with the country of the Netherlands.

^†Physiographically, these continental islands are not part of the volcanic Windward Islands arc, although sometimes grouped with them culturally and politically.

^ǂDisputed territories administered by Guyana. ^~Disputed territories administered by Colombia.

^#Bermuda is an isolated North Atlantic oceanic island, physiographically not part of the Lucayan Archipelago, Antilles, Caribbean Sea nor North American continental nor South American continental islands. It is grouped with the Northern American region, but occasionally also with the Caribbean region culturally.

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Legend: Current territory; Former territory; * Now a Commonwealth realm; Now a member of the Commonwealth of Nations

Europe
1175-1921 Ireland 1708–1757 Menorca Since 1713 Gibraltar 1763–1782 Menorca 1798–1802 Menorca 1800–1813 Malta (Protectorate) 1813–1964 Malta (Colony) 1807–1890 Heligoland 1809–1864 Ionian Islands 1878–1960 Cyprus 1921–1937 Irish Free State

North America

17th century and before		18th century	19th and 20th century
1579 New Albion 1583–1907 Newfoundland 1605–1979 *Saint Lucia 1607–1776 Virginia Since 1619 Bermuda 1620–1691 Plymouth Colony 1623–1883 Saint Kitts *(Saint Kitts & Nevis) 1624–1966 *Barbados 1625–1650 Saint Croix 1627–1979 *Saint Vincent and the Grenadines 1628–1883 Nevis *(Saint Kitts & Nevis) 1629–1691 Massachusetts Bay Colony 1632–1776 Maryland since 1632 Montserrat 1632–1860 Antigua *(Antigua & Barbuda) 1636–1776 Connecticut 1636–1776 Rhode Island 1637–1662 New Haven Colony	1643–1860 Bay Islands Since 1650 Anguilla 1655–1850 Mosquito Coast (protectorate) 1655–1962 *Jamaica 1663–1712 Carolina 1664–1776 New York 1665–1674 and 1702–1776 New Jersey Since 1666 British Virgin Islands Since 1670 Cayman Islands 1670–1973 *Bahamas 1670–1870 Rupert's Land 1671–1816 Leeward Islands 1674–1702 East Jersey 1674–1702 West Jersey 1680–1776 New Hampshire 1681–1776 Pennsylvania 1686–1689 Dominion of New England 1691–1776 Massachusetts	1701–1776 Delaware 1712–1776 North Carolina 1712–1776 South Carolina 1713–1867 Nova Scotia 1733–1776 Georgia 1762–1974 *Grenada 1763–1978 Dominica 1763–1873 Prince Edward Island 1763–1791 Quebec 1763–1783 East Florida 1763–1783 West Florida 1784–1867 New Brunswick 1791–1841 Lower Canada 1791–1841 Upper Canada Since 1799 Turks and Caicos Islands	1818–1846 Columbia District/Oregon Country¹ 1833–1960 Windward Islands 1833–1960 Leeward Islands 1841–1867 Province of Canada 1849–1866 Vancouver Island 1853–1863 Colony of the Queen Charlotte Islands 1858–1866 British Columbia 1859–1870 North-Western Territory 1860–1981 *British Antigua and Barbuda 1862–1863 Stikine Territory 1866–1871 Vancouver Island and British Columbia 1867–1931 *Dominion of Canada² 1871–1964 British Honduras (*Belize) 1882–1983 *Saint Kitts and Nevis 1889–1962 Trinidad and Tobago 1907–1949 Dominion of Newfoundland³ 1958–1962 West Indies Federation

1. Occupied jointly with the United States.
2. In 1931, Canada and other British dominions obtained self-government through the Statute of Westminster. See Canada's name.
3. Gave up self-rule in 1934, but remained a de jure Dominion until it joined Canada in 1949.

South America
1651–1667 Willoughbyland (Suriname) 1670–1688 Saint Andrew and Providence Islands⁴ 1831–1966 British Guiana (Guyana) Since 1833 Falkland Islands⁵ Since 1908 South Georgia and the South Sandwich Islands⁵
4. Now the San Andrés y Providencia Department of Colombia. 5. Occupied by Argentina during the Falklands War of April–June 1982.

Africa

17th and 18th centuries	19th century		20th century
Since 1658 Saint Helena¹⁴ 1792–1961 Sierra Leone 1795–1803 Cape Colony	Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ 1806–1910 Cape Colony 1807–1808 Madeira 1810–1968 Mauritius 1816–1965 The Gambia 1856–1910 Natal 1868–1966 Basutoland (Lesotho) 1874–1957 Gold Coast (Ghana) 1882–1922 Egypt	1884–1966 Bechuanaland (Botswana) 1884–1960 British Somaliland 1887–1897 Zululand 1890–1962 Uganda 1890–1963 Zanzibar (Tanzania) 1891–1964 Nyasaland (Malawi) 1891–1907 British Central Africa Protectorate 1893–1968 Swaziland 1895–1920 East Africa Protectorate 1899–1956 Anglo-Egyptian Sudan	1900–1914 Northern Nigeria 1900–1914 Southern Nigeria 1900–1910 Orange River Colony 1900–1910 Transvaal Colony 1906–1954 Nigeria Colony 1910–1931 South Africa 1914–1954 Nigeria Colony and Protectorate 1915–1931 South West Africa (Namibia) 1919–1960 Cameroons (Cameroon)⁶ 1920–1963 Kenya 1922–1961 Tanganyika (Tanzania)⁶ 1923–1965 Southern Rhodesia (Zimbabwe)⁷ 1924–1964 Northern Rhodesia (Zambia) 1954–1960 Nigeria 1979–1980 Southern Rhodesia (Zimbabwe)⁷

6. League of Nations mandate.
7. Self-governing Southern Rhodesia unilaterally declared independence in 1965 (as Rhodesia) and continued as an unrecognised state until the 1979 Lancaster House Agreement. After recognised independence in 1980, Zimbabwe was a member of the Commonwealth until it withdrew in 2003.

Asia

17th and 18th century	19th century		20th century
1652–1950 Madras Presidency 1668-1947 Bombay Presidency 1685–1824 Bencoolen (Sumatra) 1702–1705 Pulo Condore 1757–1947 Bengal Presidency (West Bengal (India) and Bangladesh) 1762–1764 Manila and Cavite 1786–1946 Penang (Malaysia) 1795–1948 Ceylon (Sri Lanka) 1796–1965 Maldives	1812–1824 Banka (Sumatra) and Billiton (Sumatra) 1819–1826 British Malaya (West Malaysia and Singapore) 1826–1946 Straits Settlements (Malaysia and Singapore) 1839–1967 Colony of Aden 1839–1842 Afghanistan 1841–1997 Hong Kong 1841–1946 Kingdom of Sarawak (Malaysia) 1848–1946 Labuan (Malaysia) 1858–1947 British India (India, Pakistan and Bangladesh, Burma) 1874–1963 British Borneo (East Malaysia and Brunei)	1879–1919 Afghanistan (protectorate) 1882–1963 British North Borneo (Malaysia) 1885–1946 Unfederated Malay States 1888–1984 Sultanate of Brunei 1891–1971 Muscat and Oman protectorate 1892–1971 Trucial States 1895–1946 Federated Malay States 1898–1930 Weihai Garrison 1878–1960 Cyprus	1907–1949 Bhutan (protectorate) 1918–1961 Kuwait protectorate 1920–1932 Iraq⁸ 1921–1946 Transjordan⁸ 1923–1948 Palestine⁸ 1945–1946 South Vietnam 1946–1963 North Borneo (Malaysia) 1946–1963 Sarawak (Malaysia) 1946–1963 Singapore 1946–1948 Malayan Union 1948–1957 Federation of Malaya (Malaysia) Since 1960 Akrotiri and Dhekelia (before as part of Cyprus) Since 1965 British Indian Ocean Territory (before as part of Mauritius and the Seychelles)

⁸ League of Nations mandate. Iraq's mandate was not enacted and replaced by the Anglo-Iraqi Treaty

Oceania

18th and 19th centuries		20th century
1788–1901 New South Wales 1803–1901 Van Diemen's Land/Tasmania 1807–1863 Auckland Islands⁹ 1824–1980 New Hebrides (Vanuatu) 1824–1901 Queensland 1829–1901 Swan River Colony/Western Australia 1836–1901 South Australia since 1838 Pitcairn Islands	1841–1907 Colony of New Zealand 1851–1901 Victoria 1874–1970 Fiji¹⁰ 1877–1976 British Western Pacific Territories 1884–1949 Territory of Papua 1888–1901 Cook Islands⁹ 1889–1948 Union Islands (Tokelau)⁹ 1892–1979 Gilbert and Ellice Islands¹¹ 1893–1978 British Solomon Islands¹²	1900–1970 Tonga (protected state) 1900–1974 Niue⁹ 1901–1942 *Commonwealth of Australia 1907–1953 *Dominion of New Zealand 1919–1942 Nauru 1945–1968 Nauru 1919–1949 Territory of New Guinea 1949–1975 Territory of Papua and New Guinea¹³

9. Now part of the *Realm of New Zealand.
10. Suspended member.
11. Now Kiribati and *Tuvalu.
12. Now the *Solomon Islands.
13. Now *Papua New Guinea.

Antarctica and South Atlantic
Since 1658 Saint Helena¹⁴ Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ Since 1908 British Antarctic Territory¹⁵ 1841–1933 Australian Antarctic Territory (transferred to the Commonwealth of Australia) 1841–1947 Ross Dependency (transferred to the Realm of New Zealand)
14. Since 2009 part of Saint Helena, Ascension and Tristan da Cunha; Ascension Island (1922–) and Tristan da Cunha (1938–) were previously dependencies of Saint Helena. 15. Both claimed in 1908; territories formed in 1962 (British Antarctic Territory) and 1985 (South Georgia and the South Sandwich Islands).