Question
Jordanya is a Commonwealth Caribbean country that has been facing a rising crime problem. The Criminal Procedure (Constitutional Amendment) Act 2012 came into effect on
Jordanya is a Commonwealth Caribbean country that has been facing a rising crime problem. The Criminal Procedure (Constitutional Amendment) Act 2012 came into effect on May 1, 2018 for the limited period of one year. The new law does the following: 1. It gives the Director of Public Prosecutions the power to prevent a Magistrate from granting bail to persons charged with murder for a period of up to three years after being charged; 2. It creates a new Court for Gun related offences, called a Gun Court, which gives all Magistrates with over 10 years of experience the power to preside over murder related gun offences; 3. The new law also introduces corporal punishment as a sentence for certain crimes. It provides that the Magistrate must determine the number of lashes and the instrument to be used. It gives the Commissioner of Prisons the power to substitute the instrument used with an "equivalent" one if the instrument ordered by the Magistrate is not available. Marcus is charged with aggravated murder and, on the application of the Director of Public Prosecutions, is denied bail under the new law. He is then held without bail awaiting trial before a Magistrate in the newly established Gun Court. Samantha is sentenced to corporal punishment under the new law for one of the specified offences. The Magistrates orders her to receive 9 lashes with cat o' nine tails, but the last one within the Prison is destroyed, so the Commissioner of Prisons has replaced the instrument with the flat blade of a cutlass. Advise Marcus and Samantha whether the provisions of the Criminal Procedure (Constitutional Amendment) Act that are relevant to them are consistent with the constitutional doctrine of Separation of Powers. Search online and consider the Caribbean Case of Hinds v. R [1976] 1 All ER 353.
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