(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice through long delay. The Board was concerned as to its jurisdiction.
Held: No appeal lay against the judge’s decision to the domestic Court of Appeal. Former common law rights of appeal to the Board were superceded by the new constitution. The current rules allowed no especial appeal to the Board save from the Cort of Appeal. Accordingly the Board had no jurisdiction to hear the complaint.
Judges:
Lord Bingham of Cornhill, Lord Steyn, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood
Citations:
[2004] UKPC 38, [2004] 1 WLR 2796
Links:
Statutes:
Jurisdiction:
Canada
Citing:
Cited – De Morgan and Another v Director-General of Social Welfare PC 7-Oct-1997
The right of appeal to the Privy Council can be removed or limited by the use of words which fell short of an express limitation, but which still showed the necessary intention. Lord Browne-Wilkinson said that the power is ‘at best, a power which is . .
Cited – Walker and Another v Regina; Douglas v The Same; Glanville v Same PC 4-Nov-1993
The Privy Council lacked jurisdiction to hear appeals against sentence on ground of delay, and until all domestic remedies have been exhausted. . .
Cited – Mitchell v Director of Public Prosecutions of Grenada PC 1986
(Grenada) The petitioner sought to appeal to the Board from Grenada. The powers conferred on the Board by the Acts of 1833 and 1844, and other later instruments, have superceded the old prerogative power formerly exercised by the King in Council. . .
Cited – British Coal Corporation v The King PC 1935
The Board was asked as to the competency of a petition for special leave to appeal to the King in Council from a judgment of a court in Quebec in a criminal matter. The petitioners argued that notwithstanding the provisions of a Canadian statute . .
Cited – Ibralebbe v The Queen PC 1964
(St. Christopher and Nevis) A power to make laws for ‘peace, order and good government’ was used to confer legislative power on the Parliament of independent Ceylon, to connote ‘in British constitutional language, the widest law-making powers . .
Cited – Maharaj v Attorney General for Trinidad and Tobago PC 11-Oct-1976
A judge of the High Court had committed the barrister appellant to prison for seven days for contempt in the face of the court. The barrister was granted special leave to appeal to the Board against the committal order.
Held: Allowing the . .
Cited – Maharaj v Attorney General of Trinidad and Tobago (No 2) PC 27-Feb-1978
(Trinidad and Tobago) The appellant barrister has been convicted of contempt. The Board had previously found the conviction improper because the basis of the complaint had not been made clear to him. The appellant now sought damages for his . .
Cited – Electrotec Services Limited v Issa Nicholas (Grenada) Limited PC 27-Oct-1997
(Grenada) The Court of Appeal of Grenada in granting leave to appeal to the Judicial Committee had imposed a condition requiring security of andpound;500. The respondent then applied to the Judicial Committee for an order under its inherent . .
Cited – Noel Heath Charles Miller and Glenroy Matthew v The Government of the United States of America PC 19-Jun-2002
PC (Saint Christopher and Nevis) The US requested extradition of the defendant and others from St Kitts. A magistrate declined to do so, and ordered their discharge. The High Court quashed (or intended to quash) . .
Cited – Cox v Hakes HL 5-Aug-1890
No Appeal from Order granting Habeas Corpus
Where a person has been discharged from custody by an order of the High Court under a habeas corpus the Court of Appeal has no jurisdiction to entertain an appeal.
So held by Lord Halsbury L.C. and Lords Watson, Bramwell, Herschell, and . .
Cited – The United States of America v Gaynor PC 1905
The Privy Council allowed an appeal from an order of a Judge, itself having given special leave to appeal.
Lord Halsbury LC said: ‘Their Lordships do not mean to suggest that the writ of habeas corpus is not applicable when there is a . .
Cited – Attorney General for Canada v Fedorenko PC 1911
. .
Cited – King-Emperor v Deshpande 7-May-1946
. .
Cited – King-Emperor v Banerji 1945
. .
Cited – Secretary of State for Home Affairs v O’Brien HL 1923
The Crown has no right of appeal against the grant of a discharge of a prisoner on a writ of habeas corpus.
The Home Secrtary appealed against the issue of a writ of habeas corpus against him in respect of a prisoner held in Mountjoy prison in . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 12 April 2022; Ref: scu.199403
