Portfolio Of Legal Affairs

The Portfolio of Legal Affairs

The Portfolio of Legal Affairs advises the government and its affiliated bodies and statutory boards and corporations on all legal matters and is responsible for all criminal proceedings, all legal drafting, law revision, law reform and local legal education through the Cayman Islands Law School. Thus, the Portfolio of Legal Affairs is headed by the Attorney General and comprises:

  • Office of the Solicitor General which includes the Legal Department
  • Financial Reporting Authority
  • Law Reform Commission
  • Law Revision
  • Legal Drafting Department
  • Law School

Mission Statement of the Portfolio

  • To ensure that criminal offences are prosecuted in a consistent and timely manner.
  • To have constitutional responsibility for initiation and conduct of criminal proceedings brought by the Crown and be party to civil proceedings brought by and against the government.
  • To be the guardian of the public interest in the administration of justice within the Cayman Islands, ensuring that government, its affiliated bodies, statutory boards and corporations receive professional and quality legal services, together with sound legal advice.
  • To carry out, in being the principal legal advisor to the Government of the Cayman Islands, all the responsibilities stated and consistent with the constitutional, customary and statutory duties of the Attorney General, ensuring that legislation, as required by government ministries and portfolios, is drafted and revised in a timely manner and further, to defend government in litigation matters as well as initiate suits for and on behalf of government.
  • To bear responsibility for all proceedings pursuant to a number of treaties, conventions and laws which have been extended to the Cayman Islands or which have been brought into force in the Islands, for the obtaining of evidence and restraining orders in relation to all matters constituting criminal conduct.
  • To be the Central Authority under the Child Abduction & Custody Order, the Proceeds of Criminal Conduct Law, and the Criminal Justice International Cooperation Law.
  • To promote the observance of the rule of law.
  • To maintain the highest standards of professional conduct by admitted attorneys.

The Office of the Attorney General

The Office of the Attorney General is constituted by section 53 of the Cayman Islands (Constitution) Order (1992 as amended). By Order in Council, the Attorney General is appointed as an Official Member of the Governor-in-Cabinet and the Legislative Assembly.

Role and Function

Many of the responsibilities of the Office have been assumed by practice and convention, and have become part of the common law of the Cayman Islands. As well as constitutional authority and other customary responsibilities, specific statutes also give particular powers to the Attorney General. However, briefly stated, the Attorney General’s role and function entails the following:

  • Ex-officio member of the Legislative Assembly, where he is the spokesperson for all legal matters, and for the Chief Justice on behalf of the Judiciary;
  • Ex-officio head of the Legal Profession and advisor to all departments of government, including Legal Affairs, and advisor on the observance of Human Rights;
  • Chairman of the Anti-Money Laundering Steering Group which is a statutory agency charged with responsibility of the oversight of government’s anti-money laundering policies; and,
  • Member of the Grand Court Rules Committee and the Legal Advisory Council;
  • Overall responsibility for law reform.

Chief Financial Officer

The Chief Financial Officer falls within the ambit of the Portfolio of Legal Affairs and is responsible for financial and budgetary management as well as the implementation of the financial management initiative, which involves output-based management and moving from a cash basis to accrual budgeting and reporting.

The Solicitor General’s Office

In 1990, the post of Solicitor General of the Cayman Islands was created specifically to support the Attorney General in the daily management of the Legal Department, and to take over certain statutory responsibilities associated with cases concerning minors and persons under disability, amongst others. The Solicitor General is also appointed to act as Attorney General in his absence from the Islands or during periods of disability or unavailability. The principal function of the Office of Solicitor General includes:

  • Day-to-day management of the Legal Department;
  • Chief Officer of the Portfolio of Legal Affairs;
  • Prosecution of more serious criminal cases as well as appearances on behalf of the Attorney General and other bodies in important civil cases;
  • Acting for the Attorney General during his absence, including attending Cabinet and the Legislative Assembly; and,
  • Guardian ad litem for persons under disability under Grand Court Rules.

Financial Management

The holder of the Office of Solicitor General is also the designated Chief Officer of the Legal Portfolio for the purposes of the Public Management and Finance Law (2003 Revision) and the performance of departments within the portfolio.

Attorney General’s Chambers - Civil Matters

The Deputy Solicitor General, Assistant Solicitor General as well as Senior Crown Counsel (Civil) and Crown Counsel (Civil), under the day-to-day management of the Solicitor General, provide the Governor, Official Members, Cabinet Ministers, government departments and other administrative entities and statutory authorities, with the following legal outputs:

  • General written memoranda of advice;
  • Oral advice in meetings or telephone conferences in urgent cases;
  • Drafting of contracts and legally important correspondence;
  • Preparation of pre-hearing or pre-trial litigation documents; and,
  • Advocacy before the Courts and Tribunals within the jurisdiction.

The Chambers seeks to provide continuity in the allocation of counsel to client ministries so that a body of case-specific experience can be built up and shared amongst attorneys within the Chambers, ensuring consistency of legal advice.

Attorney General’s Chambers - Criminal Matters

The criminal division of the Attorney General’s Chambers prosecutes all matters in the Summary Court and the Grand Court on behalf of the Attorney General. The police prosecute cases in the Traffic Court, although the Attorney General has ultimate responsibility for all prosecutions in the Islands and the department does take over these prosecutions if requested, or if the matter is of great public interest.

The criminal section also decides whether individuals should be prosecuted and rules on what charges should be laid for all investigative bodies, including the Department of Immigration. Crown Counsels further provide advice to law enforcement officers on law and procedure, as well as assist in training new recruits.

International Division

In 2004, the International Division was formally implemented with the advent of the Criminal Justice (International Cooperation) Law (2004 Revision) (CJICL). This new law enables mutual legal assistance to be provided at the investigative stage of a matter where the conduct would constitute an offence in the Cayman Islands. The Attorney General, as the Central Authority under the Law, may provide assistance to those countries that are party to the Vienna Convention as well as those countries that are listed in the Schedule to the Law. The nature of the assistance offered may include assistance in the form of restraint/confiscation and forfeiture applications as well as gathering of evidence and extradition. The Attorney General’s Chambers, under its international remit, also provides assistance in child abduction matters under the relevant Hague Convention.

Financial Reporting Authority

Before the Financial Reporting Authority (FRA) came into existence on the 12th January, 2004, under new laws, financial reporting functions were carried out by the Financial Reporting Unit.

Over the last two decades, the need for a modern anti-money laundering strategy has become widely accepted internationally. It is recognized that depriving criminals of the proceeds of their crimes is an important tool in the fight against serious crime. In developing anti-money laundering strategies, countries recognized that law enforcement agencies traditionally had only limited access to necessary financial information. It was further recognized that for anti-money laundering strategies to be effective, it was critical that financial institutions be engaged in the effort.

In 1990, the Financial Action Task Force (FATF) issued its 40 Recommendations, and in October, 2001, issued Eight Special Recommendations on Terrorist Financing. The 40 included a recommendation that financial institutions report suspicious transactions and activities. This recommendation created the need for a central agency to receive, analyze and disseminate these reports or disclosures. That role is filled by Financial Intelligence Units (FIUs)

As an FIU and a member of the Egmont Group, the FRA is committed not only to the global fight against money laundering but also to the fight against financing terrorism. In the Cayman Islands, this effort is supported by the Terrorism Law of 2003 which heralded a new front, directing the fight not only against funds derived from criminal conduct, but giving a new perspective to our efforts against those funds used in connection with criminal conduct.

The results achieved by the FRA, and those of many partners, are proof of the Cayman Islands’ commitment to the international effort to deter and counter money laundering and the financing of terrorism.

Cayman Islands Law Reform Commission

Introduction

Established 1st May, 2005, the Law Reform Commission of the Cayman Islands is a statutory creation formed under the Law Reform Commission Law, 2005, passed by the Legislative Assembly on the 21st February, 2005.

The Commission comprises the following five Commissioners:

  • Langston Sibblies, Attorney-at-Law, Chairman
  • Ian Paget-Brown, Attorney-at-Law
  • Andrew Jones, QC
  • Cheryll Richards (Solicitor General)
  • Eileen Nervik, Attorney-at-Law

Currently, the Commission shares accommodation with the Legislative Drafting Department in offices located on the third floor of the Anderson Square building in George Town. The administrative head is the Senior Legislative Counsel and Law Reform Director, Cheryl Ann Neblett.

Functions of the Law Reform Commission

In accordance with the law, the functions of the Commissioner are to study and keep under constant review the statutes and other laws comprising the Law of the Cayman Islands, with a view to its systemic development and reform, including in particular:

  • The modification of any branch of the law as far as that is practicable;
  • The elimination of anomalies in the law, the repeal of obsolete and unnecessary enactments and the simplification and modernization of the law;
  • The development of new areas in the law with the aim of making them more responsive to the changing needs of Cayman Islands society;
  • The adoption of new or more effective methods for the administration of the law and the dispensation of justice; and,
  • The codification of the unwritten laws of the Cayman Islands.

In the performance of its functions, the Commission may:

  • Review and consider any proposals for the reform of the law which may be referred to it by any person or authority;
  • Prepare and submit to the Attorney General from time to time, a programme for the study and examination of any branch of the law with a view to making recommendations for its improvement, modernization and reform;
  • Initiate and carry out or direct the initiation and carrying out of studies and research necessary for the improvement and modernization of the law;
  • Undertake, pursuant to any such recommendation approved by the Attorney General, the formation and preparation of drafts in the form of Bills or other instructions for consideration by the Governor in Cabinet and the Legislative Assembly;
  • Provide, at the instance of government departments and other authorities concerned, advice, information and proposals for reform or amendment of any branch of the law; and,
  • Appoint or empanel committees (with the approval of the Attorney General) whether from among members of the Commission or from other persons outside the Commission or both, to study and make recommendations to the Commission on any aspect of the law referred to it by the Commission.

Law Revision Division

In 1993, a review of the Foreign and Commonwealth Office of the United Kingdom identified the need for law reform and law revision in the Caribbean Overseas Territories – including the Cayman Islands. As a result, in 1994 the Law Revision Department was established within the Attorney-General’s Chambers and a Law Revision Commissioner appointed.

Since 2002, the Law Revision Commissioner has continued, on a part-time basis, to revise and consolidate all legislation and amendments subsequently made and to incorporate and re-revise any revised laws. Once a revision has been prepared it is submitted to the Attorney-General for presentation by way of a Cabinet Paper to the Governor in Cabinet for authorization and for re-publication on the revised form. Once Cabinet has advised that the Governor that re-publication can take place, the Commissioner facilitates the publication of the law in the Government Gazette.

Legislative Drafting Department

Introduction

In the Cayman Islands the First Legislative Counsel is responsible to the Attorney General for providing an efficient legislative drafting service, including related legislative advice for the Islands. Located in Anderson Square, George Town, the Legislative Drafting Department exists to enable the First Legislative Counsel to fulfill these functions.

This department has a wealth of experience as each legislative counsel member has been an attorney-at-law for at least 20 years. They originate from varied jurisdictions and together they represent the coalition of cultures that form part of Cayman’s colourful character.

The Legislative Drafting Department is an integral part of the public service of the Cayman Islands. However, it is separate from, and performs different functions to, those of the Legal Department. There are three main categories of work in the Legislative Drafting Department:

Drafting primary legislation – laws;

Drafting subordinate legislation -- regulations and orders, directions, rules etc.; and,

Advising on proposals for legislation and statutory interpretation.

Details on the role of the Legislative Drafting Department may be found by clicking on the link below:

Role of the Legislative Drafting Department

Cayman Islands Law School

Introduction

The Cayman Islands Law School was opened the 27th September, 1982, by the then Governor, Mr. Peter Lloyd, and in 1994 it moved to the fourth floor of the Tower Building. September 2003 witnessed the Law School’s 21st anniversary. One year later, following Hurricane Ivan, the Law School relocated to the former CIBC Building on Albert Panton Street, where it occupies the second and third floors. The school offers good facilities to the 112 registered students and boasts one of the Islands’ finest and largest (at nearly 2000 square feet) law libraries.

The governing body for the Law School is the Legal Advisory Council chaired by the Honourable Chief Justice and comprises the Honourable Attorney General, the President of the Cayman Islands Law Society, and the President of the Cayman Islands Bar Association. The Director of the Law School serves as Executive Secretary to the Council.

Function of the Law School

The Law School provides tuition for both full and part-time programmes leading to the Bachelor of Laws (Honours) Degree of the University of Liverpool and the qualification of Attorney-at-Law of the Cayman Islands, which follows successful completion of the postgraduate Professional Practice Course. In addition, the Law School offers its own part-time qualification, the Diploma in Legal Studies. It is also possible to enrol as a general student studying individual courses, with or without taking examinations at conclusion. Students may register with the University of Liverpool for individual courses with university course certification resulting from successful completion of all elements of assessment.

The aim of the Law School is to provide students with a standard of tertiary level legal education equivalent to that prevailing in the United Kingdom. In 2002, degree programmes taught through the Cayman Islands Law School were awarded Qualifying Law Degree status by the English Law Society and the English Bar Council. This means that students successful in the honours degree programmes are eligible to pursue further postgraduate professional legal studies in England and Wales, as well as any other common law jurisdiction recognizing English law degrees. Such students are also eligible to attend academic postgraduate law programmes across the common-law world.

Postgraduate Training: The Professional Practice Course

The qualification of Attorney-at-Law, which carries with it the ability to practice law in the Cayman Islands, follows successful completion of the Professional Practice Course (PPC) and articles. The PPC is open to Caymanian students and those with strong connections to the Islands and having the written consent of the Governor in Cabinet.

The Professional Practice Course continues to develop in curriculum and delivery whilst maintaining the highest standards by which to measure the student’s performances. The increased integration of legal skills training into the curriculum has enhanced the course’s reputation for providing quality vocational training in preparation for the student’s entry into a professional training contract.

In order to graduate from the PPC and progress into in-house legal training, the student must pass all course modules. The PPC Qualifying Examination comprises seven core knowledge modules: civil litigation & evidence, criminal litigation & evidence, probate & succession law, accounts, conveyancing, Cayman statute law I (Private client), and Cayman statute law II (Commercial client). Students are also required to submit a 3000 word dissertation on a topic of local legal interest. Integrated into the teaching of the knowledge modules are legal skills and professional conduct sessions; these include the teaching of legal drafting, advocacy, negotiation, client interviewing, legal research and professional ethics.

A lack of published texts and supportive reading material availability has thus far been one of the major challenges to the development and delivery of the PPC. In order to ensure its continued development and the maintenance of high tuition standards, at the request of the Law School the Legal Advisory Council recommended, and Executive Council approved, the suspension of delivery of the PPC in the academic year 2003/4 in order to prepare bespoke teaching manuals to support the core modules. These manuals proved of significant benefit to the PPC class when a record 15 trainees enrolled in September, 2004.