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The Turks and Caicos Islands Constitution Order 2006

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Powers of Attorney General

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39.—(1) The Attorney General shall have power, in any case in which he or she considers it desirable to do so—

(a)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;

(b)to take over and continue any such criminal proceedings that have been instituted by any other person or authority; and

(c)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.

(2) The powers of the Attorney General under subsection (1) may be exercised by the Attorney General in person or by officers subordinate to him or her acting under and in accordance with his or her general or special instructions.

(3) The powers conferred upon the Attorney General by subsection (1)(b) and (c) shall be vested in him or her to the exclusion of any other person or authority; but where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.

(4) For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings.

(5) In the exercise of the powers conferred upon him or her by this section, section 52(2) and section 53(2) the Attorney General shall not be subject to the direction or control of any other person or authority.

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