Discretion means having the freedom to choose between courses of action.
When a law uses words such as “may”, “if the Minister is satisfied”, or “it shall be lawful for”, it often gives a discretionary power to the decision-maker.

A legal discretionary power allows an official to:

• Choose between competing options
• Establish and vary broad standards or guidelines to achieve an objective
• Exercise judgment within a legal and political framework

Government must deal with diverse and changing issues — from education and healthcare to land, environment, and trade.
It is not practical for the Legislature to legislate every specific situation, so discretionary powers enable officials to act flexibly and responsively while staying within the law.

Decisions must be made lawfully, fairly, and reasonably, following any statutory or administrative procedures.
The Discretionary Powers Policy outlines a 10-step approach to guide decision-makers:

1. Confirm authority – Ensure you have legal power to act.
2. Follow procedures – Comply with all statutory and administrative requirements.
3. Gather information – Collect all relevant facts and supporting documents.
4. Evaluate evidence – Assess key facts carefully and objectively.
5. Apply the correct standard of proof – Decide on the balance of probabilities.
6. Act fairly and without bias – Avoid conflicts of interest or improper influence.
7. Ensure procedural fairness – Allow affected persons the right to be heard.
8. Consider the merits of each case – Base decisions on evidence, not precedent alone.
9. Communicate the outcome – Inform all parties and explain reasons for the decision.
10. Record and maintain decisions – Document reasons and deviations from policy.

• Telecommunications Act, 2006 (No. 10):
  The Commission may grant or refuse an application for a licence based on policy and regulations.
• Land and House Tax Act (Cap. 207):
  Cabinet may remit all or part of any tax payable where it is just and equitable to do so.
• Physical Planning Act, 2004:
  The Authority may grant, conditionally grant, or refuse development permission and must provide written reasons for its decision.

Discretionary decisions must be reasonable, transparent, and within legal authority.
Courts may review decisions through Judicial Review if a public officer or authority acts unlawfully, unfairly, or beyond their powers.

Read the full guide:

1. A Guide to the Proper and Lawful Exercise of Discretionary Powers in the Virgin Islands
2. Learn about your Ministry or Department’s legislation and how it applies to discretionary powers.
3. Participate in training sessions on ethical and lawful decision-making.
4. Seek legal advice or clarification before exercising discretionary authority.
5. Promote accountability and fairness in all administrative actions.

• Discretionary Powers Policy Guide – Government of the Virgin Islands
• Public Service Code of Conduct
• Virgin Islands Constitution Order 2007