Question
1. The Caribbean Court of Justice in the recent decision in Marcus Bisram v. The Director of Public Prosecutions [2022] CCJ 7(AJ) (GY) opined: We
1. The Caribbean Court of Justice in the recent decision in Marcus Bisram v. The Director of Public Prosecutions [2022] CCJ 7(AJ) (GY) opined:
"We bear in mind the caution that, especially where there are legislative and policy choices to be made, the matter should be left to parliament...The Legislature in Dominica, Grenada and Trinidad and Tobago has granted the DPP the power, after considering the evidence given in the committal proceedings, to apply, ex parte, to a judge of the High Court to obtain a warrant for the arrest and committal of the discharged person. The judge would grant the application if the judge considered that the evidence, as given before the magistrate, was sufficient to put the accused person on trial...Given the range of choices available, by far the best solution is for the National Assembly to make appropriate, constitutionally compliant provisions that will cover those circumstances where a magistrate discharges an accused and the DPP is aggrieved. We respectfully suggest that this be done as soon as practicable. But until it is done, strictly as a temporary measure, we are satisfied that s 72 should be modified to accommodate the second option above. Pending legislative intervention, a DPP, who is for good reason disappointed with the decision of a magistrate to discharge an accused person, may place before a judge of the Supreme Court the depositions and other material that were before the magistrate, on an ex parte application for the discharged accused to be arrested and committed if the judge is of the view that the material justifies such a course of action."
Critically discuss and evaluate the above excerpt with reference: (a) to the doctrine of separation of powers and (b) to provisions relating to recently decided case law in Commonwealth Caribbean Constitutions to do with the savings law clause.
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