History
The ODPP was established Section 100 of the 2011 TCI Constitution and became operational in 2012. Prior to this date, it existed as the criminal division of the Attorney General Chambers. It is headed by a DPP who has constitutional and independent mandate to directly or through Officers subordinate to him or acting under his or her instructions:
- “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”
In the performance of his or her functions, the DPP and his or her Officers are independent from and not subject to any person or authority including the Government and the Judiciary and makes all prosecution decisions according to the Prosecution Policy [Hyperlink to prosecution policy on website] formulated and published in accordance with Section 100 (6) of the Constitution.
The ODPP does not investigate crime. We take over matters from the Royal Turks and Caicos Islands Police Service (RT&CIPS), Immigration, Customs and other Law Enforcement Agencies (LEA) after they have completed their investigations. We do however provide relevant guidance and legal advice to these LEA if and when required.