| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 62 (Apr) |
| Neutral Citation: | [2009] UKPC 13 |
| Court: | Privy Council |
| Judge: | Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Walker of Gesting Thorpe, Lord Carswell and Lord Mance |
| Judgment Dates: | 19 March 2009 |
Catchwords
Jamaica - Criminal law - Trial - Murder - Judicial review - Jurisdiction - Appellant alleging daughter shot dead by police officer - Prosecution offering no evidence against accused at trial in circuit court - Appellant applying for judicial review - Leave refused on ground that circuit court not amenable to judicial review - Whether one superior court having jurisdiction to quash decision of another superior court - Whether judicial review appropriate remedy - Whether Attorney General being appropriate defendant.
The Case
Jamaica Criminal law. Privy Council: Where an appellant had applied for leave to bring proceedings against the Attorney General of Jamaica for certiorari to quash the acquittal, in the circuit court, of a police officer accused of shooting dead her 12-year old daughter, it was held that judicial review was not an available remedy. The grounds on which the Chief Justice had refused leave, namely, that the circuit court was a superior court of record and therefore not amenable to judicial review, were unassailable.
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