Turks and Caicos Courts & Law

Legal System

The Turks and Caicos Islands is a British Overseas Territory and our legal system is based on English common law. Bahamian and Jamaican law influences are found in the local legislation. Unlike the United Kingdom, the Turks and Caicos has a written constitution.

Lawyers must be admitted to the local bar in order to practice in the islands.

Court System

Magistrates’ Courts are located on Providenciales and Grand Turk. Appeals from Magistrates’ Courts are sent to the Supreme Court (with sittings on both Grand Turk and Providenciales). The Supreme Court exercises a jurisdiction similar to the High Court in England, in which a single judge presides. Cases which are beyond the Magistrate’s Court jurisdiction, such as serious criminal cases and higher civil cases, have first instance in the Supreme Court.

Appeals from the Supreme Court are heard in the Court of Appeal, which is held twice a year. Final appeals are heard in the Privy Council (in the United Kingdom).

Laws and Ordinances

Laws are published in the Gazette, and are available online shortly afterwards. Individual paper copies of laws are $75 (depending on length, some ordinances cost more).

Some copies of the laws are available at local libraries, but these are usually out-of-date and of little value for research.

Regulations

Whereas ‘ordinances' are generally debated in the House of Assembly and more ‘public', regulations, which in some cases form key parts of how laws are interpreted, are often not. Regulations are typically made by the Governor or a Minister, and often take effect immediately upon publication in the Government Gazette.

Revised Laws

Every several years, the Attorney General consolidates and republishes the laws ‘as at', for example, the Revised Laws 2021.

However, it should be noted that these quickly fall out of date due to changes in regulations, outright amendments to the laws, and the fact that some laws are specifically excluded from the revised laws.

The Gazette

The Government Gazette is the official journal (or newspaper) of the Turks and Caicos Government, and is where all laws and legal notices are published.

The Gazette was previously available via subscription only, however in May 2024, the Government finally made it free and accessible to the public.

International Treaties

As the Turks and Caicos is not a sovereign country, the United Kingdom has either signed treaties on its behalf, or extended treaties to include the Turks and Caicos.

European Union

When the United Kingdom was a member of the United Kingdom, this did not extend to the Turks and Caicos (unlike how Gibraltar nationals were Union citizens as well).

European Convention on Human Rights

The European Convention on Human Rights (ECHR) applies to the Turks and Caicos Islands.