Right Steps & Poui Trees


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Constitutional Court Rules Parts of 2018 Emergency Powers Regulations Unconstitutional: Roshaine Clarke v A.G. Judgment

This morning (June 17, 2022), the Constitutional Court handed down its judgment in the matter of Roshaine Clarke v Attorney General of Jamaica, a matter dealing with the constitutionality of parts of the Emergency Powers Regulations, 2018, which governed the State of Public Emergency under which the Claimant had been detained.

Interestingly, hours before the Court handed down its judgment, Prime Minister Andrew Holness announced that a new State of Emergency (SOE) had been declared, for the parish of St Catherine.

A live audio feed from the court was provided.

This is part of a welcome development in which live feeds have been provided in a few cases of great public interest. It would be good for this to happen in many more instances.

A Press Summary was provided to highlight aspects of the case and ruling:

The written judgment was handed down.

Emergency Powers Regulations 2018

For ease of reference, I am providing a link to an earlier blog post with a copy of the Emergency Powers Regulations, 2018.

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Constitutional Court Judgment on Good Faith Certificates Related to the Keith Clarke Case

The Constitutional Court hearing the matter regarding the Good Faith Certificates (also known as immunity certificates) issued to the three Jamaica Defence Force soldiers who are defendants on trial for killing Keith Clarke delivered its judgment yesterday, February 18, 2020.

The delivery of the judgment was made available to the public by a live audio stream, which continues an important development towards making certain court proceedings more accessible to those unable to attend court. This was done for the Constitutional Court’s judgment in the National Identification Act challenge last year April, and  I hope that this practice will be continued and expanded on in the future.Supreme Court 18-2-2020 c

When I checked this morning, the judgment had not yet been posted on the Supreme Court’s website, so I am sharing a copy here for those who may be interested in reading it.

Constitutional Court judgment 18-2-2020 border

SUPREME COURT OF JUDICATURE OF JAMAICA – [2020] JMFC Full 01


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Constitutional Court Strikes Down Jamaica’s National Identification (#NIDS) Act

In a far-reaching judgment delivered this morning, Jamaica’s Constitutional Court declared the National Identification and Registration Act, 2017 to be “unconstitutional, null, void and of no legal effect. The consequence of this is that the statute is struck down from the laws of Jamaica.” (Press Summary, p. 3 [5])

The full press summary is available here: Press summary of judgment in Julian J Robinson vs The Attorney General of Jamaica – April 2019NIDS press summary blog pic 4-19

The full judgment has been posted on the Supreme Court website (click here). The website also has an audio recording of Chief Justice Sykes delivering the judgment.NIDS judgment on website blog pic

I have also included a copy of the full judgment here: Robinson, Julian v The Attorney General of Jamaica – judgment 12-4-19NIDS judgment blog pic

There is much to be said about this ruling and its implications. But here is the information to start with…