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N O (A child represented by the Children's Advocate v The Attorney General of Jamaica

Case Number: 
SU 2022 CV 01410
Neutral Citation: 
[2022] JMFC Full 07
Date of Delivery: 
16.11.2022

Constitutional Redress - Sections 14 (3), 16 and 19(1) of the Charter of Fundamental Rights and Freedoms - Existence of parallel legal remedy - Whether claim for constitutional redress constitutes and abuse of court process
Child Care and Protection Act - Sections 65, 71, 72, 76 and 82 - Whether the making of a Correctional Order by a Judge of the Family Court is intra vires the Act
Statutory construction - Generalia specialibus non derogant - Section 3(3) Offensive Weapons (Prohibition) Act and section 76(1) Child Care and Protection Act - Whether a child offender is to be sentenced pursuant to charging Act of general application or the Child Care and Protection Act
Habeas Corpus - Time at which relief may be appropriately granted

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