Tobjam is a Commonwealth Caribbean country. The Tobjam COVID-19 Response Act 2020 provides that any person guilty of a serious infraction of curfew measures introduced under the Act is to be tried before the Supreme Court and is to face a mandatory sentence of imprisonment during the pleasure of the Head of State.

The sentence is terminable by the Governor General on the advice of the Detention

Board, which comprises a Chair, who must be a superior court judge or former

"The Justices of Appeal shall be appointed by the Governor-General, acting in

accordance with the advice of the Prime Minister given after consultation with the Leader

of the Opposition, for a period of one year."

The University of the West Indies Course Code LAW 1020 2021/..../...

SEMESTER II 2020/2021

3

superior court judge, and two other members, the Director of Correctional Services and the Chief Medical Officer.

On March 15, 2021, during a designated curfew period, two police officers are brutally assaulted when they go to a community to end a party with over a thousand persons attending, in violation of the COVID-19 Response Act and its regulations.

On April 1, 2021, Parliament amends the COVID-19 Response Act to provide that the assault of a member of the security forces during the performance of his or her duties under the COVID-19 Response Act is an aggravated assault and can give rise to a sentence of life imprisonment. Ordinarily, assaults are tried in the Magistrate's Court, but the amendment provides for an aggravated assault to be tried by the Chief Justice sitting alone.

The Amendment goes into effect on April 1, 2021 and ceases to have effect on June 30, 2021.

Justine and Tony were attendees at the March 15, 2021 party. They are arrested on April 2, 2021. They are charged with a serious infraction of the curfew measures under the COVID-19 Response Act and also with an aggravated assault on the two police officers arising out March 15, 2021 party. They are tried by the Chief Justice and convicted of both offences, and sentenced concurrently to a mandatory sentence at the pleasure of the Governor General and life imprisonment.

Advise the Attorney General on the consistency of the relevant provisions of the COVID-19 Response Act 2020 and its 2021 amendment with the constitutional doctrines of separation of powers and the rule of law.

this constitutional law question is based around the separation of powers doctrine and the rule of law in any commonwealth Caribbean jurisdiction.