Case Study: Commissioner Of Police Of Montserrat V Cavanaugh
CASE NAME:
Commissioner of Police of Montserrat v Cavanaugh (Brian)
CITATION:
[2005] UKPC 28, 66 WIR 206, [2005] All ER (D) 110 (Jul)
FACTS
On 18 July 1995, the Soufriere Hills volcano on Montserrat became active. On 3 April 1996, by virtue of his powers under s 3 of the Leeward Islands (Emergency Powers) Order in Council 1959, SRO 2206 of 1959, the Governor declared that a state of public emergency existed and made the Emergency Powers Regulations 1996 (No 3), SRO 26 of 1996, which were amended on a number of subsequent occasions.
Under the 1996 Regulations the Governor could declare an area to be unsafe, and direct that all unsafe areas be evacuated by a specified time and in accordance with specified procedures. Those not complying with …show more content…
Before the magistrates court in January 2003, he argued that the Order did not comply with the requirements of the Regulations as it did not include any direction to evacuate the areas which it declared to be unsafe. The Order was accordingly ultra vires and invalid. The senior magistrate rejected all the arguments advanced by the respondent and convicted him of the charge. The Court of Appeal of the Eastern Caribbean Supreme Court upheld the respondent's appeal. Special leave to appeal was granted to the appellant Commissioner of Police to appeal to the Privy …show more content…
In that situation it may well make sense for him to make the Order declaring the relevant area to be unsafe but to postpone making any evacuation order until these more detailed matters of timing and procedure are sorted out. Moreover, especially where events move quickly, as they did in this case, the residents will often have been prudent enough to leave the area threatened by the volcano before the Governor and his advisers have time to complete the formalities which would be necessary for issuing an evacuation order under reg 5(1). In those circumstances a simple Order declaring the area to be an unsafe area will be all that is required to secure the position. Also, as Mr Brandt acknowledged in his written argument before the Board, an evacuation Order would be superfluous, and a simple order declaring an area to be unsafe would be sufficient, for any uninhabited area of the
Commissioner of Police of Montserrat v Cavanaugh (Brian)
CITATION:
[2005] UKPC 28, 66 WIR 206, [2005] All ER (D) 110 (Jul)
FACTS
On 18 July 1995, the Soufriere Hills volcano on Montserrat became active. On 3 April 1996, by virtue of his powers under s 3 of the Leeward Islands (Emergency Powers) Order in Council 1959, SRO 2206 of 1959, the Governor declared that a state of public emergency existed and made the Emergency Powers Regulations 1996 (No 3), SRO 26 of 1996, which were amended on a number of subsequent occasions.
Under the 1996 Regulations the Governor could declare an area to be unsafe, and direct that all unsafe areas be evacuated by a specified time and in accordance with specified procedures. Those not complying with …show more content…
Before the magistrates court in January 2003, he argued that the Order did not comply with the requirements of the Regulations as it did not include any direction to evacuate the areas which it declared to be unsafe. The Order was accordingly ultra vires and invalid. The senior magistrate rejected all the arguments advanced by the respondent and convicted him of the charge. The Court of Appeal of the Eastern Caribbean Supreme Court upheld the respondent's appeal. Special leave to appeal was granted to the appellant Commissioner of Police to appeal to the Privy …show more content…
In that situation it may well make sense for him to make the Order declaring the relevant area to be unsafe but to postpone making any evacuation order until these more detailed matters of timing and procedure are sorted out. Moreover, especially where events move quickly, as they did in this case, the residents will often have been prudent enough to leave the area threatened by the volcano before the Governor and his advisers have time to complete the formalities which would be necessary for issuing an evacuation order under reg 5(1). In those circumstances a simple Order declaring the area to be an unsafe area will be all that is required to secure the position. Also, as Mr Brandt acknowledged in his written argument before the Board, an evacuation Order would be superfluous, and a simple order declaring an area to be unsafe would be sufficient, for any uninhabited area of the