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Braham, Garren v The Minister of National Security, the Commissioner of the Police, His Excellency, the Governor General and the Attorney General of Jamaica

Court: 
Supreme Court
Subject: 
Constitutional Law
Catchwords: 

Constitutional Law-State of Public Emergency-Whether the written advice of the Commissioner of Police to the Minister of National Security constitutes a procedural safeguard against the Minister's power to detain under Regulation 33 of 2019-Whether Regulations 30 of the Emergency Powers Regulations 2019 breached the right to liberty, protection for search, privacy-Whether the breaches alleged are demonstrably justified-Whether the claimant is entitled to vindicatory, aggravated and exemplary damages-Whether entitlement to damages to false imprisonment

The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(3)(a), (b), (h), 13(3), (f), (j) & (o), 13(9), 13 (6), 14(1), 14(5), 16(2), 16(3), 20(5)

Document Type:

Year: 
2025
Suit/Claim number: 
SU2024CV00204
Neutral Citation: 
[2025] JMSC Civ 116
Judge(s): 
Wint-Blair, J