AG v Maltez [2000] JRC 158 (04 August 2000)
- Citation
- [2000] JRC 158
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Bail Application / Pre Trial
More details
- Posture
- Criminal Bail Application / Pre Trial
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The likelihood of the applicant absconding is not so great as to justify denying bail, given his circumstances and the conditions imposed.
Court disposition
Bail granted with conditions
Orders
- Applicant to appear for trial on 4th September, 2000 or as ordered
- Identity card to remain in police custody
- Applicant to report twice weekly to police
- Applicant to reside at 70 New Street, St. Helier and notify police of any change of address
02
Material facts
Parties
Applicant
Applicant Counsel: Counsel for the applicantAttorney General
Respondent03
Procedural history
Posture
Criminal Bail Application / Pre Trial
04
Questions and positions
Legal issues
Whether the applicant should be granted bail pending trial for a serious assault charge
Party arguments
- Applicant
- The applicant has no previous convictions, speaks little English, his identity card is held by police, and arrangements for accommodation and employment have been made.
- Respondent
- Not explicitly stated.
05
Court’s reasoning
Legal principles
- 01
Fundamental principle of criminal law
A person is presumed innocent until proved guilty.
- 02
Loi (1864) réglant la procédure criminelle: Article 22
Bail may be refused if there is a significant risk of absconding.
06
Ratio, limits and disposition
Ratio decidendi
The likelihood of the applicant absconding is not so great as to justify denying bail, given his circumstances and the conditions imposed.
Obiter and limits
- The Court expresses concern at the length of time accused persons are held in custody pending trial.
Court disposition
Bail granted with conditions
- Applicant to appear for trial on 4th September, 2000 or as ordered
- Identity card to remain in police custody
- Applicant to report twice weekly to police
- Applicant to reside at 70 New Street, St. Helier and notify police of any change of address
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE BAILIFF: 1. This applicant has pleaded not guilty to committing a grave and criminal assault upon a young woman in circumstances which we accept are serious. The applicant, however, has been in custody now for some 8 months, and we again express our concern at the length of time during which accused persons are being held in custody pending trial. The fundamental principle of the criminal law is that a person is presumed innocent until he is proved guilty.
2. Given that there is a not guilty plea to this charge the Court has to ask itself in these circumstances whether there is a risk if it were to grant bail that the accused will abscond and fail to appear to stand his trial.
3. The Counsel for the applicant has told us that his identity card is in the custody of the police and that he speaks very little English. Arrangements have been made to offer him accommodation and employment at premises in St. Helier. He is a young man with no previous convictions. We have reached the conclusion that the likelihood of his absconding from the Island is not so great that we should deny the applicant his freedom pending his trial on the offence to which he has pleaded not guilty.
4. The order of the Court accordingly is that the applicant will be released upon his undertaking to appear to stand his trial on 4 th September, 2000, or such other date as may be ordered, and that there be the following conditions: First, his identity card will continue to be held in the custody of the police; secondly, he will report twice weekly to the police; and thirdly, he will reside at No. 70 New Street, St. Helier and will notify the police of any change of address. Authorities Loi (1864) réglant la procédure criminelle: Article 22. A. G. -v- Hakes (18 th November, 1994) Jersey Unreported. A. G. -v- Mahé & Ors. (27 th June, 2000) Jersey Unreported. A. G. -v- Bardwell (24 th April, 1996) Jersey Unreported. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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