Attorney-General of Trinidad and Tobago v Phillip

Subject Matter

CRIME — Trinidad and tobago — Crime — Abuse of process — Insurgents prosecuted for offences committed in course of insurrection — Insurgents claiming detention unlawful by reason of grant of pardon — Habeas corpus order made — Order not appealable — Pardon subsequently held to be invalid — Whether prosecution for same offences abuse of process

[1995] 1 AC 396; [1994] 3 WLR 1134

CRIME — Trinidad and tobago — Crime — Pardon — Pardon granted to insurgents conditional on safe return of hostages — Delay before release of hostages and surrender of insurgents — Detention and prosecution of insurgents for offences committed during insurrection — Whether pardon valid — Whether detention and prosecution contravening insurgents' constitutional rights — Constitution of the Republic of Trinidad and Tobago Act 1976, Sch, ss 4(a)(b), 14(1), 87(1)

[1995] 1 AC 396; [1994] 3 WLR 1134