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Mitchell v DPP
Royal Arms of the United Kingdom (Privy Council).svg
Court Judicial Committee of the Privy Council
Full case name Andy Mitchell and 18 Others, Appellants v The Director of Public Prosecutions and The Attorney General, Respondents
Decided 25 July 1985
Citation(s) UKPC 27, 32 WIR 241
Case history
Prior action(s) Court of Appeal of Grenada
Case opinions
Lord Diplock
Keywords
Judicial Committee of the Privy Council; appeals; abolition

Mitchell v DPP was an important court case from 1985. It involved the Judicial Committee of the Privy Council (JCPC), which is a high court in the United Kingdom. This case confirmed that a country in the Commonwealth of Nations can decide on its own to stop using the JCPC as its highest court for appeals.

What is the JCPC?

The JCPC is like a very important court for some countries that used to be part of the British Empire. When these countries became independent, some of them chose to keep the JCPC as their final court for appeals. This means if someone lost a case in their own country's highest court, they could ask the JCPC to look at it again.

Grenada's Decision to Change

Grenada is an island nation in the Caribbean. It became an independent country in 1974.

How Grenada Changed its Laws

In 1979, there was a change in government in Grenada. The new government, called the People's Revolutionary Government, made a law to stop all appeals to the JCPC. This meant that Grenada would no longer use the JCPC as its final court.

Later, in 1983, there was another big change in Grenada's government. After this, in 1985, the Parliament of Grenada passed a new law. This 1985 law confirmed that appeals to the JCPC were officially stopped.

Why the 1985 Law Was Important

Grenada has a special rulebook called its Constitution. To change the Constitution, a law usually needs to be approved by at least two-thirds of the Parliament. The 1979 law might not have followed this rule perfectly. However, the 1985 law was passed with the needed two-thirds vote. This meant that, according to Grenada's Constitution, the decision to stop appeals to the JCPC was now completely legal and official as of February 21, 1985.

The Mitchell v DPP Case

Andy Mitchell and 18 other people had filed an appeal to the JCPC in July 1985. However, because Grenada had legally stopped using the JCPC as its final court in February 1985, the JCPC decided it could not hear their case. The court explained that Grenada had the right to make its own decisions about its legal system.

What Happened Next

Even though Grenada had stopped appeals to the JCPC, it later changed its mind. In 1991, Grenada decided to start using the JCPC for appeals again. This shows that countries can change their legal arrangements over time.

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