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Oliver Powell appears before Privy Council

Oliver Powell, led by the Attorney General of Anguilla, appeared before the Judicial Committee of the Privy Council in the matter of the Superintendent of Prisons & Another v Hamilton [2016] UKPC 23.

The Respondent, Neville Hamilton, was dismissed as the Deputy Superintendent of Prisons by the Governor of Anguilla, to whom charges that the Respondent had been in neglect of duty under s.2(d) of the Code of Discipline had been referred by the First Respondent. The power to refer charges to the Governor under s.7(2) of the Code was successfully challenged by the Respondent in judicial review proceedings before High Court of Justice of the Eastern Caribbean Supreme Court, Anguilla Circuit. The High Court quashed both the decision to refer the charges and to dismiss Mr Hamilton. Following an appeal to the Court of Appeal of the Eastern Caribbean Supreme Court, Anguilla Circuit, the earlier decision of the High Court was upheld and the appeal was dismissed.

The appeal before the JCPC considered the construction of s.7(2) of the Code of Discipline for Prison Officers, namely whether the Superintendent was prohibited from referring the disciplinary charges laid against the Respondent to the Governor for hearing and determination. Giving judgment, Lord Hughes confirmed that “the Board will humbly advise Her Majesty that the appeal by the Superintendent and Attorney General ought to be allowed. Mr Hamilton’s claims ought to be dismissed”.

Copies of the judgment can be viewed on the Privy Council website or here.

News 8 Aug, 2016


Oliver Powell

Call: 2006

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