Seepersad (a minor) v Ayers-Caesar

Constitutional law – Interim order. A conservatory order was not the only interim order available in constitutional proceedings. The tri-partite test in RJR-Macdonald Inc v A-G of Canada [1994] 1 SCR 311 (including whether there was a serious issue to be tried) was appropriate when considering interim relief in constitutional cases. The Privy Council so ruled in dismissing of an appeal concerning constitutional and judicial review proceedings brought by the appellant, who had been remanded in an adult women's prison in Trinidad at the age of 16, having been charged with murder. The Privy Council, in dismissing the appellant's appeal, held that the Court of Appeal had made the only order which it could have made ( to the effect that the Attorney General should provide a suitable community residence and transfer the appellant to it). That order was one which best resolved the conflict between the Bail Act 1994, which held that a person charged with murder could not be granted bail, and the non-availability of a suitable community residence.

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