[5] The Turks and Caicos Islands Constitutional and Electoral Reform Project (CER) had initially suggested that the 2011 Constitution provide for the Attorney-General to be appointed by the Premier or the Cabinet (as in other British Overseas Territories and Commonwealth countries) instead of the Governor, but in the end the CER decided to avoid recommending drastic changes to the appointment process, leaving the issue open instead for a potential future constitutional amendment.
[7] The power of the Attorney-General to act as legal adviser to the Government and the House of Assembly arises from Section 41 of the 2011 Constitution.
[13] However, the CER raised the concern about the "many hats" worn by the Attorney-General resulting in confusion over the proper functions of the role, and also pointed out that in other parts of the Commonwealth the functions with regards to criminal proceedings were typically vested in a separate Director of Public Prosecutions.
[6] As a result, the 2011 Constitution created the new position of Director of Public Prosecutions of the Turks and Caicos Islands and handed these powers over to that officer.
[19] The 2006 Constitution made the Attorney-General a member of the newly established five-member Advisory National Security Council.