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Hinds v The Queen; Director of Public Prosecutions v. Jackson; Attorney General of Jamaica (Intervener)

Court: 
Privy Council
Catchwords: 

Jamaica-Constitutional law-Higher judiciary-Jurisdiction-Constitution impliedly prohibiting transfer of jurisdiction to courts consisting of members of lower judiciary-Constitution containing special provisions for appointment and tenure of office of members of higher judiciary-Statute establishing special court to deal with firearm offences-Division of court consisting of members of lower judiciary-Division having jurisdiction over offences previously cognisable only by higher judiciary-Whether statutory provisions establishing provision void as being inconsistent with Constitution-Jamaica (Constitution) Order 1962 (SI 1962 No 1550), Sch 2, ss 2, 97(1)-Gun Court ct 1974 (Jamaica), ss 4(b), 5(2)

Jamaica-Constitutional law-Separation of powers-Judicature-Punished of offences-Transfer of power to executive body-Validity-Firearms offences-Statute establishing mandatory sentence-Detention at hard labout during Governor-General's pleasure-Convicted person only to be discharged at direction of Governor-General acting in accordance with recommendation of review board-Majority of members of review board not member of judiciary-Whether provision for mandatory sentence void-Jamaica (Constitution) Order 1962 (SI 1962 No 1550), Sch 2, s 2-Gun Court Act 1974 (Jamaica), ss 8(2), 22(1)

Jamaica-Constitutional law-Fundamental rights and freedoms-Criminal proceedings to be in public-Presumption that proceedings in camera reasonably required in interests of public safety, public order or protection of private lives of persons concerned in proceedings-Special court established to deal with firearms offences-Provision that court should sit in camera-Whether provision unconstitutional-Jamaica (Constitution) Order 1962 (SI 1962 No 1550), Sch 2, s 20(3)(4)-Gun Court Act 1974 (Jamaica), s 13(1)

Document Type:

Year: 
1975