New Rules for Turks & Caicos JPs

By Dana Malcolm

Staff Writer

#TurksandCaicos, August 5, 2022 – Rules governing Justices of the Peace in the Turks and Caicos are now significantly stricter after the passing of the amendment to the Magistrates Amendment Bill in July 2022.

Despite the fact that Justices of the Peace are allowed the same powers as a magistrate previously the only requirement for their appointment was the discretion of the Governor and that they be under 65-years-old.

That power has now been transferred from the Governor to the Chief Justice.

Justices of the peace have always by law been allowed to receive complaints, sign charges and issue warrants for the apprehension of persons charged with criminal offenses. They can also issue search warrants summons and administer oaths.

Considering the potentially unchecked execution of these powers, the attorney general’s chambers lobbied for a change in the system.

“These are very wide powers and there is no framework for the supervision and regulation of the whole of justices of the peace in the Turks and Caicos Islands.”

The amendment rectified this and the Chief Justice now has the power to make binding rules and regulations governing the appointment of JPs, a code of conduct disciplinary action and orientation and periodic training for JPs.

In addition, to maintain separation of powers the governor will be stripped of the power to disallow laws made by resident magistrates. That power now belongs to the Chief Justice.

Rhondalee Braithwaite-Knowles, TCI Attorney General maintained that the amendment was short but necessary.