Chief of Police v Francis

• Jurisdiction: Saint Kitts and Nevis
• Judge: Lewis C.J.
• Judgment Date: 26 March 1971
• Neutral Citation: KN 1971 CA 1
• Docket Number: No. 1 of 1971
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 26 March 1971

Court of Appeal

Lewis, C.J.,

Gordon, J.A.

Lewis, J.A.

No. 1 of 1971

Chief of Police

and

Francis

Appearances:

H. Squires (Director of Public Prosecutions) for the applicant.

Dr. W. Herbert for the respondent.

Constitutional law - Practice and procedure — Appeal to the Privy Council — Whether Court of Appeal an interference.

Facts: The issue in this appeal was whether the court could declare that a Notice of Petition for leave to appeal to the Privy Council has been abandoned.

Held: That the decision from which the respondent sought an appeal involved a question as to the interpretation of the Constitution. That the court had no power to interfere with the proceedings which the respondent had set in motion since the appellant had not applied for leave but applied directly to the Privy Council.

Lewis C.J.

1 This is a motion by the Chief of Police represented by the Director of Public Prosecutions filed in connection with Criminal Appeal No. 1 of 1970 Arthur Francis, appellant, versus The Chief of Police, respondent, in which this Court delivered judgment on 28th July, 1970. It asks this Court to order that a Notice of Petition for special leave to appeal to Her Majesty in Council with special leave of Her Majesty from that decision be deemed to have been abandoned by the respondent Francis and that the respondent be no longer permitted to pursue the said appeal. The Notice of Motion gives several reasons in support of the application.

2 On looking at the...