24th May 2021

Rowan Pennington-Benton (Instructed by Alvin Shiva Pariagsingh (Trinidad and Tobago)) for the Appellants

Howard Stevens QC & David Goldblatt (Instructed by Charles Russell Speechlys LLP (London)) for the Respondents

SIR BERNARD McCLOSKEY:

Introduction

1. Both appellants were at all material times minors. From the inception of the underlying proceedings culminating in this appeal to the Board each has been described by name and there has been no anonymity restriction. The first appellant, Sasha Seepersad (“Sasha”), is now aged 23 years. The second appellant, Brian Seepersad (“Brian”), attained his 18th birthday over two years ago on 18 January 2019. Sadly this young man is now deceased and his appeal is continued by his personal representative. There is no reason why their identities should at this stage be suppressed and no application to the contrary was made to the Board.

2. While the appellants are of different gender and were of different ages at the material time, having regard to the contours of their appeals as ultimately formulated there is no relevant distinction between them. The legal rights, constitutional in nature, which they advance are the same and of similar, though not identical, impact in their respective cases. Nor is there any material distinction between the two respondents to this appeal, namely the Commissioner of Prisons of Trinidad and Tobago and the Attorney General of Trinidad and Tobago (hereinafter “the respondents”).

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