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Essay / Research Paper Abstract
This 20 page paper looks at a case study provided by the student where a dependant wife is entitled to compensation under the Trinidad and Tobago Criminal Injuries Compensation Act No 21 of 1999. The board to which the wife should submit an application has not yet been set up, despite years passing since the Act was passed. The paper considers the chances of bringing an action under the Judicial Review Act 60 of 2000. The paper makes extensive reference to Commonwealth law, specifically the UK and Australia which is influential in the area. The paper also considers a writ of Mandamus as an alterative. The bibliography cites 13 sources.
Page Count:
20 pages (~225 words per page)
File: TS14_TEtrinjudrev.rtf
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Unformatted sample text from the term paper:
and Tobago, who, under the Criminal Injuries Compensation Act No 21 of 1999, can claim compensation as her husband was murdered. The process laid down states that the claimant, the
widow, must make a claim to the Criminal Injuries Compensation Board. This is where the problem arises. The widow would like to
make a claim, but the board does not yet exist. The board that would deal with this was to be created under section 6 of the Act, however, the minister
that was to set this up has not yet up the board. The widow is now concerned that this board will not
be set up so that she can make a claim within the prescribed period, which under the section 32 is twelve months following the murder of her husband. The main
problem is that under the Criminal Injuries Compensation Act, 1999, although making provision for the board, did not specify a time period within which this should occur.
Here we will look at the case in a logical manner. In this paper we will first consider the merits of the case, the role
and potential use of judicial review, and then at how it can be applied as well as the potential defences that may be cited by the minister or his department.
The case is one where the murder took place on 30th of March 2003, this means that, if within the criteria, it
was covered by the Criminal Injuries Compensation Act No 21 of 1999 that came into force on the 11th of November 2000. At first glance this looks to be the
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