Case details

Jamaicans for Justice (Appellant) v Police Service Commission and another (Respondents) (Jamaica)

Case ID: JCPC 2017/0078

Jurisdiction: The Court of Appeal of Jamaica

Case summary

Issue(s)
  1. Whether the Court of Appeal should have held that the first respondent was required by the Constitution and common law to obtain or conduct an independent, thorough and impartial investigation into the allegations of serious professional misconduct and breaches of constitutional rights of citizens by SP Hewitt;
  2. What are the powers and duties of the first respondent in relation to the appointment of police officers in cases where the candidates for promotion have been accused of serious misconduct and possible breaches of the constitutional rights of citizens including numerous allegations of police shootings;
  3. Should the first respondent conduct its own investigation or use an independent body to do so?
Facts

The appellant is a non-governmental human rights organisation concerned with representing vulnerable people who have suffered abuses by state agents. It referred numerous complaints of misconduct against a named police officer, SP Delroy Hewitt, to the first respondent and asked it to investigate. It was dissatisfied with the handling of the complaints and the subsequent decision to recommend the officer for promotion. It applied for judicial review of this decision and for an order directing the first respondent to conduct an effective, thorough and impartial investigation into the allegations of misconduct.

Parties

Appellant(s)

Jamaicans for Justice

Respondent(s)
  1. Police Service Commission,
  2. Attorney General of Jamaica

Appeal

Justices

Lady Hale, Lord Kerr, Lady Black, Lord Briggs, Lord Lloyd-Jones

Hearing start date

30 Jan 2019

Hearing finish date

30 Jan 2019