Osbourne Douglas v The Governor of the Cayman Islands and The Director of Prisons; Justin Ramoon v The Governor of the Cayman Islands, The Director of Prisons and The Attorney General - Judgment
Judicial Review - Colonial Prisoners’ Removal Act 1884 (the “1884 Act”) – The Applicants challenge, inter alia: The lawfulness of the Plaintiffs' transfer under the 1884 Act and as a matter of domestic law; The failure to adopt a fair and proper procedure affording appropriate procedural safeguards to protect them and their families’ interests; The failure to provide reasons and the written reasons of the decision-maker(s); The violation of the "Bill of Rights" (Bill of Rights, Freedoms and Responsibilities, in Schedule 2 Part 1 of the Constitution of the Cayman Islands) and specifically violations of (i) the prohibition upon inhuman or degrading treatment …; (ii) prohibition on deprivation of liberty … - The failure and refusal to provide decisions and disclosure in accordance with the duty of candour and obligations upon the public authority Respondents - The failure to make adequate provision or take steps to remedy any asserted deficiency to the security in place at HMP Northward.
| Neutral Citation | [2021] CIGC (G) 155 |
|---|---|
| Cause Number | G 0155/2017; G 0164/2017 |
| Court | CIGC (Civ) |
| Judge | Wood J |
| Parties | Osbourne Douglas v The Governor of the Cayman Islands and The Director of Prisons; Justin Ramoon v The Governor of the Cayman Islands, The Director of Prisons and The Attorney General - Judgment |
| Judgment Date | 2021-05-28 |
| Subject | Judicial Review - Colonial Prisoners’ Removal Act 1884 (the “1884 Act”) – The Applicants challenge, inter alia: The lawfulness of the Plaintiffs' transfer under the 1884 Act and as a matter of domestic law; The failure to adopt a fair and proper procedure affording appropriate procedural safeguards to protect them and their families’ interests; The failure to provide reasons and the written reasons of the decision-maker(s); The violation of the "Bill of Rights" (Bill of Rights, Freedoms and Responsibilities, in Schedule 2 Part 1 of the Constitution of the Cayman Islands) and specifically violations of (i) the prohibition upon inhuman or degrading treatment …; (ii) prohibition on deprivation of liberty … - The failure and refusal to provide decisions and disclosure in accordance with the duty of candour and obligations upon the public authority Respondents - The failure to make adequate provision or take steps to remedy any asserted deficiency to the security in place at HMP Northward. |
| Filename (current) | 21-05-28-Douglas-Osbourne-v-The-Gov-and-The-Director-of-Prisons.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Conditional Release Act | 14 | 6 |
| Conditional Release of Prisoners Regulations (subordinate) | 14 | 2 |
| Penal Code | 182 | 2 |
| Court of Appeal Rules (subordinate) | 11 (S)(b) | 1 |
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