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13.08.2021 |
No. 2021/0294 |
Antigua and Barbuda, Eastern Caribbean Supreme Court, High Court of Justice (Civil) |
Health law, Prison law, Right to bail |
Claim upheld |
The Applicant was arrested and charged with murder. The Court decided to detain him pretrial. He applied for bail within which he wanted the Court to consider the onslaught of COVID-19, particularly as it relates to the over-crowded conditions at the prison, but was denied for substantial fear of further offences and interfering with witnesses. At the end of the year, he reapplied for bail before the Court, arguing a change of circumstances. This time around, judicial notice had been taken of the very real impact that the COVID-19 pandemic has had on the prison system. However, this acknowledgement of changed circumstance only provided the gateway for the bail application to be considered. While it was not conclusive on the granting of bail by itself, on August 13, 2021, the Court granted the Applicant the right to bail upon considering other relevant aspects. |
https://www.eccourts.org/armal-warner-jr-v-director-of-public-prosecutions/ |
https://www.eccourts.org/armal-warner-jr-v-director-of-public-prosecutions/ |
https://www.covid19litigation.org/case-index/antigua-and-barbuda-eastern-caribbean-supreme-court-high-court-justice-civil-no-20210294 |
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20. 04. 2021 |
The Queen v. Kathy-Ann Isaac, Claim No. ANUHCR 2019/0083 |
Eastern Caribbean Supreme Court |
Prison law, Health law |
Claim partially upheld. |
The case was related to the impact of Covid-19 on prisons. The High Court of Justice had to assess whether changes in prison conditions due to COVID-19 are to be taken into account when deciding to suspend a sentence of imprisonment, and whether such conditions justified reducing the time of confinement or imposing a non-custodial sentence. The Court has relied especially on a UK precedent in the Manning case, which instructed judges to consider the impact of COVID-19 on prison conditions. Consistent with the precedent, the Court deducted two years of imprisonment from the sentence, althought it stated that the defendant's right to health has not been infringed. |
https://www.eccourts.org/the-queen-v-kathy-ann-isaac/ |
https://www.eccourts.org/the-queen-v-kathy-ann-isaac/ |
https://www.covid19litigation.org/case-index/antigua-and-barbuda-eastern-caribbean-supreme-court-high-court-justice-criminal-queen-v |
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