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词条 Attorney-General of the Turks and Caicos Islands
释义

  1. Appointment and remuneration

  2. Legal powers

     Current powers  Historical powers 

  3. Other functions

  4. List of Attorneys-General

  5. See also

  6. Notes

  7. References

  8. External links

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)

See also

  • Justice ministry
  • Politics of the Turks and Caicos Islands

Notes

1. ^1 {{harvnb|Constitution|2011|loc=Section 41}}
2. ^{{harvnb|Constitution|2011|loc=Section 91}}
3. ^{{harvnb|Constitution|1988|loc=Section 59}}
4. ^{{harnvb|Constitution|2006|loc=Section 85}}
5. ^{{harvnb|Constitution|2011|loc=Section 91(2) and (3)}}
6. ^1 2 {{harvnb|CER|2011|p=16}}
7. ^{{harvnb|Constitution|2011|loc=Section 125}}
8. ^{{harvnb|Constitution|2011|loc=Section 53(2)}}; formerly {{harvnb|Constitution|2006|loc=52(2)}}. The same provision earlier appeared in the {{harvnb|Constitution|1988|loc=Section 29(2)}}, save that the reference then was to the Legislative Council.
9. ^{{harvnb|Constitution|2011|loc=Section 54(2)}}; formerly {{harvnb|Constitution|2006|loc=Section 52(2)}} and {{harvnb|Constitution|1988|loc=Section 30(2)}}. The amount of the fine has been raised from $200 under the 1988 constitution and $500 under the 2006 constitution.
10. ^{{harvnb|Constitution|2011|loc=Section 50(3)}}
11. ^{{harvnb|Constitution|2006|loc=Section 39}} and {{harvnb|Constitution|1988|loc=Section 17}}; these are identical, save for changes in the numbering of other Sections referenced.
12. ^{{harvnb|Constitution|2006|loc=Section 39(1)}}
13. ^{{harvnb|Constitution|2006|loc=Section 39(5)}}
14. ^{{harvnb|Constitution|2011|loc=Section 100}}
15. ^{{harvnb|Constitution|2011|loc=Section 31(1) and 43}}
16. ^{{harvnb|Constitution|2006|loc=Sections 27(1) and 41(1)}} and {{harvnb|Constitution|1988|loc=Section 7(1) and 19}}
17. ^{{harvnb|Constitution|2011|loc=Section 43(2)}}
18. ^{{harvnb|Constitution|2011|loc=Section 26(1)}}; formerly {{harvnb|Constitution|2006|loc=Section 23(1)}}. The same provision appeared earlier in the {{harvnb|Constitution|1988|loc=Section 3(1)}}, save that the reference was to the Chief Secretary rather than the Deputy Governor.
19. ^{{harvnb|Constitution|2011|loc=Section 39(2)}}; formerly {{harvnb|Constitution|2006|loc=Section 35(2)}} (with the reference being to the Executive Council rather than the Cabinet) and {{harvnb|Constitution|1988|loc=Section 15(2)}} (with the reference being to the Chief Secretary rather than the Deputy Governor).
20. ^{{harvnb|Constitution|2006|loc=Section 38(1)}}
21. ^{{harvnb|Constitution|2011|loc=Section 127(1) and (6)}}
22. ^1 2 3 4 5 {{Cite web|url=https://gov.tc/hoa/about/history|title=History of Parliament|website=gov.tc|language=en-gb|access-date=2018-07-01}}
23. ^ {{cite web|url=http://www.discoverjamaica.com/wnames.htm| title= Personalities|publisher= Discover Jamaica.com|accessdate = 29 September 2015}}
24. ^{{Cite news|url=https://www.telegraph.co.uk/news/obituaries/politics-obituaries/7734336/Michael-Bradley.html|title=Michael Bradley|date=17 May 2010|work=Telegraph.co.uk|accessdate=18 May 2010}}
25. ^The Europa World Year: Kazakhstan - Zimbabwe
26. ^1 {{cite news|url=http://anguilla.fco.gov.uk/en/news/?view=PressR&id=22672762 |archive-url=https://archive.is/20121223170713/http://anguilla.fco.gov.uk/en/news/?view=PressR&id=22672762 |dead-url=yes |archive-date=2012-12-23 |title=Appointment of a new Attorney-General for the Turks and Caicos Islands |publisher=Foreign and Commonwealth Office |date=2010-08-10 |accessdate=2012-10-30 }}
27. ^{{cite web| url=http://www.caribbeannewsnow.com/headline-New-attorney-general-appointed-in-Turks-and-Caicos-20036.html|title= New attorney general appointed in Turks and Caicos|publisher= Caribbean News Now|accessdate = 28 September 2015}}

References

  • {{cite book|url=http://tcipost.com/wordpress/wp-content/uploads/2011/03/CER-final-recommendations-Feb-2011.pdf|title=Final recommendations for changes to constitutional and electoral arrangements in the Turks and Caicos Islands|publisher=Constitutional and Electoral Reform Project|location=Turks and Caicos Islands|date=February 2011|accessdate=2012-10-30|ref=CITEREFCER2011}}
  • {{cite book|url=http://www.legislation.gov.uk/uksi/2011/1681/made|title=The Turks and Caicos Islands Constitution Order 2011|publisher=legislation.gov.uk|accessdate=2012-10-30|ref=CITEREFConstitution2011}}
  • {{cite book|url=http://www.legislation.gov.uk/uksi/2006/1913/schedule/2/made|chapter=Schedule 2: The Constitution of the Turks and Caicos Islands|title=The Turks and Caicos Islands Constitution Order 2006|publisher=legislation.gov.uk|accessdate=2012-10-30|ref=CITEREFConstitution2006}}
  • {{cite book|url=http://www.lawsconsolidated.tc/THE%20CONSTITUTION%20(1).pdf|title=The Constitution of the Turks & Caicos Islands and Related Legislation|publisher=Law Revision Commissioner|location=Turks and Caicos Islands|date=1998-05-15|accessdate=2012-10-30|ref=CITEREFConstitution1988}}

External links

  • [https://archive.is/20130419061629/http://www.gov.tc/portal/page/portal/G2G/CabinetDepartments/Attorney%20General Attorney-General's Chambers] on gov.tc
{{Caribbean in topic|Attorney General of}}{{Americas topic|Attorney General of|countries-only=yes|title=Attorneys-General of the Americas}}{{Attorneys General of British overseas territories}}

4 : Attorneys-General of the Turks and Caicos Islands|Lists of political office-holders in the Turks and Caicos Islands|Justice ministries|Government of the Turks and Caicos Islands
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