Director of public prosecutions (consequential amendments) bill 2013

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20th February 2012

Attorney General’s Chambers

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) BILL 2013 Arrangement of Clauses CLAUSE

1. 2. 3. 4.

Short title and commencement Substitution of Director of Public Prosecutions for Attorney General Other consequential amendments Construction of references to Attorney General

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20th February 2012

Attorney General’s Chambers

TURKS AND CAICOS ISLANDS A PROPOSAL FOR A

BILL FOR AN ORDINANCE TO AMEND THE LAW SO AS TO TRANSFER PROSECUTORIAL FUNCTIONS FROM THE ATTORNEY GENERAL TO THE DIRECTOR OF PUBLIC PROSECUTIONS; AND FOR CONNECTED PURPOSES.

ENACTED by the Legislature of The Turks and Caicos Islands. Short title and commencement

1. This Ordinance may be cited as the Director of Public Prosecutions (Consequential Amendments) Ordinance 2013 and shall come into operation on such day as the Governor may appoint by Notice published in the Gazette.

Substitution of Director of Public Prosecutions for Attorney General

2. The statutory provisions set out in Schedule 1 are amended by deleting the words “Attorney General” wherever they occur and substituting the words “Director of Public Prosecutions”.

Other consequential amendments

3. The statutory provisions set out in column 1 of Schedule 2 are amended as set out in column 2 thereof.

Construction of references to Attorney General

4. Where a reference is made to the Attorney General in any statutory provisions (other than those set out in Schedule 1 or 2) that relates to criminal proceedings, the reference shall be construed as or reference to the Director of Public Prosecutions.

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20th February 2012

Attorney General’s Chambers

SCHEDULE 1 Director of Public Prosecutions Substituted for Attorney General

ENACTMENT Banking Ordinance Casinos Ordinance Companies Ordinance Complaints Commissioner Ordinance Confidential Relationships Ordinance Coroner’s Ordinance Court of Appeal Ordinance

SECTION

s. 35 s. 47(2) s. 224 Paragraph 2 of Schedule 2 s. 7 s. 11(2) s. 48(2), (3)(d)(ii) s. 49 s.53)(1)(a) and (b) s. 53(2) s. 70(4) Form 14 Crown Land Ordinance s. 13(4)(1) s. 20(8) Employment Ordinance s. 30(4) Integrity Commission Ordinance s. 34(b) s. 35(1), (2) and (6) s 56(1)(c) s. 57 Land Holding Companies (Compounding of (Rule2(2)) and in the Schedule to the Offences) Rules Rule Magistrate’s Court Ordinance s. 47(2) s. 58(5) Petroleum Ordinance s. 9 Physical Planning Ordinance s. 88(3) Stamp Duty Ordinance (Compounding of Regulation 2(2) and on the Schedule to offences) Regulations the Regulations Theft Ordinance s. 34(5) _____________________

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20th February 2012

Attorney General’s Chambers

SCHEDULE 2 Consequential Amendments

Column 1 Statutory Provisions

Column 2 Amendment

Section 22 1(2) of the Companies Ordinance

After “Attorney General” insert, “or the Director of Public Prosecutions, as the case may be”. After “Attorney General” insert, “or the Director of Public Prosecutions”. After “Attorney General” insert, “or the Director of Public Prosecution”.

Paragraph 3 of Schedule 2 to the Complaints Commissioner Ordinance Section 2(2)(c) of the Public Procurement Ordinance

_________ PASSED by the House of Assembly this

Tracey Parker Clerk to House of Assembly

day of

2013.

Robert Hall Speaker

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20th February 2012

Attorney General’s Chambers

EXPLANATORY MEMORANDUM This Bill seeks to make amendments to various enactments as a consequence of the introduction of the Office of Director of Public Prosecutions. Prior to the 2011 Constitution, prosecutorial functions were vested in the Attorney General. Under the Constitution those functions now come under the Director of Public Prosecutions. Under section 100 of the Constitution the Director of Public Prosecutions (DPP) have power — (a)

(b) (c)

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. Until the 2011 Constitution these functions were performed by the Attorney General; 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.

It has now become necessary to amend the legislation set out in the Schedules to this Bill in order to ensure that a proper division of functions is established.

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