Grant v. Director of Correctional Services & Anor (Jamaica)  UKPC 27 (14 June 2004)
Dave Antonio Grant Petitioner
(1) The Director of Correctional Services (Jamaica) and
(2) The Director of Public Prosecutions Respondents
THE COURT OF APPEAL OF JAMAICA
JUDGMENT OF THE LORDS OF THE JUDICIAL
COMMITTEE OF THE PRIVY COUNCIL UPON A
PETITION FOR SPECIAL LEAVE TO APPEAL,
Delivered the 14th June 2004
Present at the hearing:-
Lord Nicholls of Birkenhead
Lord Rodger of Earlsferry
Lord Brown of Eaton-under-Heywood
Dame Sian Elias
[Delivered by Lord Nicholls of Birkenhead]
"(1) An appeal shall lie to the Court –
(a) in any proceedings upon application for a writ of habeas corpus in a criminal cause or matter against the refusal to grant the writ;
(b) in any proceedings upon an application for an order of certiorari, mandamus or prohibition, in a criminal cause or matter, against the grant of the order as well as against the refusal of such an order.
(2) For the purpose of disposing of an appeal under this section the Court may exercise any powers of the court below or remit the case to that court.
(3) The decision of the Court in any appeal under this Part shall be final."
The Solicitor-General submitted that subsection (3) displaced any scope for a further appeal to their Lordships' Board.
"(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases –
(a) where the matter in dispute on the appeal to Her Majesty in Council is of the value of one thousand dollars or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the value of one thousand dollars or upwards, final decisions in any civil proceedings;
(b) final decisions in proceedings for dissolution or nullity of marriage;
(c) final decisions in any civil, criminal or other proceedings on questions as to the interpretation of this Constitution; and
(d) such other cases as may be prescribed by Parliament.
(2) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council with the leave of the Court of Appeal in the following cases –
(a) where in the opinion of the Court of Appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to Her Majesty in Council, decisions in any civil proceedings; and
(b) such other cases as may be prescribed by Parliament.
(3) Nothing in this section shall affect any right of Her Majesty to grant special leave to appeal from decisions of the Court of Appeal to Her Majesty in Council in any civil or criminal matter."