PRIVY COUNCIL BROADENS THE CONSTITUTIONAL RIGHT TO ‘PROTECTION OF THE LAW’

PRIVY COUNCIL BROADENS THE CONSTITUTIONAL RIGHT TO ‘PROTECTION OF THE LAW’


On 24 May 2021 the Privy Council gave an important judgment, stressing the wide-ranging scope and effect of the constitutional right to protection of the law. In Commissioner of Prisons v Seepersad [2021] UKPC 13 the Board considered whether detaining children in adult prison in contrary to Trinidad legislation designed to protect children in custody breached constitutional rights

The Board’s analysis of the right to protection of law under s 4(b) of the Trinidad Constitution is far reaching- because so many Caribbean countries contain constitutional rights to protection of the law: see, eg Barbados (s 11(c) of the Constitution), Belize (s 3(a) of the Constitution), St Lucia (s 1(a) of the Constitution, St Vincent and the Grenadines (s 1(a) of the Constitution) and probably the Bahamas (s 15(a) of the Constitution).

Richard Clayton QC represented the successful appellants before the Privy Council.

Richard Clayton QC will be speaking at the Commonwealth Lawyers Conference in Nassau on 7 September 2021 where he will discuss “Whither the Judicial Committee of the Privy Council?” with The Right Honourable Lord Carnwath of Notting Hill, in a session chaired by Sir Denis Byron, former President of the Caribbean Court of Justice.

To read Richard Clayton’s full summary click here.

June 2021

Richard Clayton QC