Speech by the Hon. Attorney General on the Opening of the Supreme Court of the Turks and Caicos Islands for the 2026 Session

Speech by the Hon. Attorney General on the Opening of the Supreme Court of the Turks and Caicos Islands for the 2026 Session

My Lady Chief Justice Agyemang, Honourable Judges of the Supreme Court, Honourable President of the Court of Appeal and other Justices of Appeal, HH Chief Magistrate, and Resident Magistrates, Learned Interim Director of Public Prosecutions, President of the Turks and Caicos Islands’ Bar Council, the Doyen of the Bar, Commissioner of Police, Chair of the Judicial Services Commission, special invited guests, distinguished colleagues at the Public and Private bars, Ladies and Gentlemen, both present and those following these proceedings online, good day to you all and greetings for the New Year.

My Lady, please permit me to recognize the presence of the various members of the government administration present here today. Her Excellency the Governor, the Honourable Premier, Her Excellency the Deputy Governor, the Honourable Deputy Premier, Honourable Ministers of Cabinet, His Honour the Speaker and the Honourable Members of Parliament, whose collective presence underscore, among other things, the continuing commitment of the other branches of government to the administration of Justice.  

At your invitation, My Lady Chief Justice, I rise to move the motion for the opening of the Supreme Court for the year 2025, and in doing so I crave your indulgence to note some reflections of 2025 and remark on the year ahead.

We live in a fast-evolving world. 2025 was marked by continued tensions and armed conflict, not least aggression in our Region. A number of countries were impacted by natural disasters of historic proportions. Some countries witnessed financial crises and marked increases in violent crimes. In the face of these events, uncertainty has been a key theme. In these times of change, we also remind ourselves of the words of J. William Fulbright, the person who initiated the Fulbright scholarship, who once said, that “law is the essential foundation of stability and order both within societies and in international relations”. Former Attorney General of the Bahamas, Alfred Sears said, “International law serves not only as a limit on effective power but also a creative instrument in promoting both order and other civilized values in a world of sovereign states”. My Chambers continued to be guided by our vision of providing “high quality legal services to Government” and role of upholding the rule of law in the Turks and Caicos Islands”.

Government Law Offices

My Lady, I turn to the daily business of my Chambers. 

Legislative Drafting Division 

The team has continued to draft significant legislation that helps to deliver the Government’s commitments.  In 2025, 16 Acts were enacted, and 53 Legal Notices were made. Dr. Gogontle Gatang-McCartney was appointed as our first Chief Parliamentary Counsel and we wish her well in her tenure as head of the legislative drafting team.  Notable Acts passed this year are the Citation of Acts Parliament which changed the styling of legislation from Ordinance to Act. This followed changes to the Turks and Caicos Islands Constitution Order which saw changes to our legislation moving from the House of Assembly to Parliament, necessitating the changes of referencing of legislation to “Acts of Parliament. Other significant pieces of legislation were the Firearm Related Offences (Detention and Bail) (Amendment) Act 2025 and the Magistrate’s Court (Amendment) Act 2025. These Acts empower the Magistrate’s Court to admit bail to a person who has not attained the age of seventeen years or is a mentally disordered person where the offence involves the use of firearms and related offences. It also expands the powers of the Magistrate to admit bail to those categories of persons who are charged with treason, misprision of treason, treason-felony or murder. Our Legislative Drafting team also assisted advance several rules for the Judiciary including the Legal Profession (Procedure and Evidence for Disciplinary Hearing) Rules 2025 and the Probate and Administration (Contentious Proceedings) Rules 2025. [The year ended with a change to the Public Holidays Act, which seeks to introduce Constitution Dayas a public holiday]. 

Looking ahead it is anticipated that legislation will come in significant amendments to the immigration laws and business licensing laws. There are also a number of legislation expected to be passed this year including introduction of a virtual assets regulatory regime, regulation of construction industry and amendments to the Consumer Protection Act legislation on Mortgage Cooperation, Family Court, Renewable Energy, Bail and Multi Sector Regulatory Authority. 

The Legislative Drafting team is also working on the Revised Edition of the Laws of the Turks and Islands with a view of releasing a Revised Laws 2026 Edition before the end of this year.

We hope to welcome a new Senior Parliamentary Counsel later this month. 

Civil Litigation Division 

With regard to the CLD most notable in the last year were the three elections petitions filed against the Supervisor of Elections which were successfully defended, upholding the integrity of the Election process.   Other notable matters in the areas of immigration, and compulsory acquisition to assist in developing our jurisprudence.

In the last year, a large number of matters were dealt with to conclusion before the Supreme Court testing and therefore strengthening our systems.  The division has also dealt with many advices on human resources matters, together with requests to review policies, reflecting the extent to which it is relied upon to support Government.

We hope to welcome 3 additional Senior litigators this quarter.

Commercial Division  

The busy Commercial Division was actively engaged in a wide variety of complex contractual matters on behalf of the Government’s agenda.  They have dealt with 175 contracts and licenses, including land acquisitions and gave 443 pieces of advice in support of the government’s commercial priorities. Notable contracts were the Digital Borders and the completion of large scale development agreements.

International Division  

With regard to the International Division, sanctions dominated 2025: the ID ensured Turks and Caicos Islands’ compliance with international sanctions law whilst also supporting HE The Governor, as Competent Authority, in this rapidly evolving area. At the same time, it has seen a growing demand for the drafting and review of Memoranda of Understanding and MLAT requests. There were 13 MOUs  drafted or reviewed and eight (8) MLAT Requests prepared and sent to other jurisdictions during 2025. Working with the Financial Crime Unit of the Royal Turks and Caicos Islands Police Force, they have been putting a lot of effort into battling transnational financial crime. Requests for assistance were sent to Barbados, USA, Belize, British Virgin Islands and Dominican Republic.  The ID worked with the ODPP and Police and successful concluded the extradition of a UK national and he was extradited to the UK in 2025.  The Division also drafted and sent two Extradition requests to other jurisdictions.  One to the USA and the other to Croatia. 

The Anti Money Laundering Committee 

The Turks and Caicos Islands is an active and committed member of the Caribbean Financial Action Task Force (CFATF), working with regional leaders to uphold the international standards to combat illicit finance.  Working primarily with the ID, the AMLC Secretariat had another active year, mostly spent driving TCI’s preparation for the next round of assessments by the CFATF in 2028.  We have focused primarily on advancing the TCI’s second National Risk Assessment exercise, covering the period,2019-2024. The NRA identifies TCI’s AML risks by analyzing and understanding threats, vulnerabilities and consequences. The NRA will guide informed public policies and assist in developing strategies to mitigate such risks so as to maintain a robust and reliable environment to protect the integrity of TCI’s financial system.  The TCI formally took up the role of Deputy Chair of the CFATF last month. I will serve in this capacity for one (1) year until the TCI takes over the leadership of the CFATF at the end of November when we welcome them to our Beautiful by Nature Turks and Caicos Islands.

Criminal Justice Stakeholders Group

Royal Turks and Caicos Islands Police Force (RTCIPF)

In 2025, the Turks and Caicos Islands saw a significant reduction in violent crime, including a 45% drop in murders, attributed to targeted police operations and community engagement. The RTCIPF reported reduced major crimes by 66%, a 40% decrease in murders, a 33% decrease in rapes, and a 25% drop in attempted murders compared to the previous year. This dramatic turnaround is largely credited to successful police operations that disrupted criminal gangs operating in the Islands. In January 2025 a crime crackdown initiative led to the seizure of 18 firearms, illicit drugs, and over $100,000 in cash, resulting in 57 arrests. This initiative was part of a broader strategy to enhance community safety and strengthen law enforcement capabilities. 

The Department of Correctional Services (HM Prison)

The Department of Correctional Services (HM Prison) continues to drive improvements and deliver innovation. During the last year the prison has delivered more staff training and development then it has in the previous two year combined. They continue to build our resilience and sustainability. 2025 saw significant steps forward in building our local capabilities, strengthening our abilities to manage the most serious of incidents. We are the first Overseas Territory to have staff trained by the UK’s National Tactical Response Group in Control and Restraint Advanced. These capabilities achieve the next step in establishing a regional incident response capability here in TCI, a capability which will support and strengthen custodial partners across the region.  

Their community outreach programme continues to grow with prisoners on day release earning honest pay for an honest and hard day’s work. This reintegration programme see the barriers to effective resettlement being broken down and removed. Prisoners being able to earn money and support their families from inside builds and reinforces social and family responsibilities. As we move into 2026, we will build further and stronger, delivering justice for victims of crime whilst through our rehabilitative culture, reducing reoffending and equipping those returning to society with the skills and foundations to be productive members of our communities.

The Department of Rehabilitation and Community Supervision (DRCS)

The DRCS continued to play a pivotal role in the criminal justice system, by providing community-based supervision and rehabilitation services aimed at reducing recidivism, enhancing public safety, and the successful reintegration of their clients into society through innovative and evidence-based practices. 2025 was another transformative year for DRCS, marked by continued innovation and growth. The Department continued to focus on enhancing operational efficiency, expanding its workforce, and leveraging technology to improve service delivery. Key advancements were seen in 1)​streamlining electronic drug testing, 2) modernized parole processes, 3) establishing the Juvenile Prevention and Intervention Council 

to more effectively address the needs of at-risk juveniles and their families, 4) the introduction of an electronic monitoring system to be fully rolled out this month.

FAREWELLS 

My Lady, a number of farewells are in order. 

Within the Government Law Offices, we saw the departure of the Learned DPP Philip Bennetts KC and thank him for his work on behalf of the Turks and Caicos Islands.  Ms. Desiree Downes former Principal Legislative Drafter after more than two decades of service ending her career as head of the Government’s legislative drafting team. I would not know where to start in thanking Desiree for all the tremendous work she has done, always diligently, always professionally and always discretely. She has been a true leader of the Government’s legislative drafting team.

CONCLUSION

On behalf of the Law Officers and all Criminal Justice stakeholders, I affirm our respect for the rule of law and pledge our full support to the Judiciary in the discharge of your constitutional responsibility to administer justice in 2026.  

My Lady, in conclusion, and as ever, it remains for me to formally move for the Opening of the Legal Year.

May it so please you My Lady.

Rhondalee Braithwaite-Knowles OBE KC

Hon. Attorney General

6^th January 2026