February 3 2012
START DATE
END DATE
June 13 2012
JS (a child) v. Fiona Miller (Police Sergeant)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
APPELLATE JURISDICTION FAMILY LAW
Ian RC Kawaley CJ
Saul Dismont for the Appellant
Geoffrey Faiella for the Respondent
FACTS OF THE CASE:
The appellant a 14-year-old appealed against a sentence of corrective training imposed for various offences by the Family Court. The appeal argued the court had no power to impose corrective training on a child and raised issues with the application of the Bail Act to a child.
SUMMARY:
Whether the Family Court could lawfully impose a sentence of corrective training on a child and whether the Bail Act applied to children.
OUTCOMES:
The sentence of corrective training was set aside and the appellant was placed in the care of the Director of Child and Family Services. It was determined that the Bail Act did apply to children under certain conditions.
RULED IN FAVOUR OF:
Appellant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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JS (a child) v. Fiona Miller (Police Sergeant)
The appellant a 14-year-old appealed against a sentence of corrective training imposed for various offences by the Family Court. The appeal argued the court had no power to impose corrective training on a child and raised issues with the application of the Bail Act to a child.