AG v Prior [2000] JRC 227 (17 November 2000)
- Citation
- [2000] JRC 227
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bail Application / Application
More details
- Posture
- Bail Application / Application
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Bail refused due to the applicant constituting a significant risk to the public and likelihood of further offences if released, as supported by psychiatric reports.
Court disposition
application refused
Orders
- Bail application refused; applicant to remain in custody.
02
Material facts
Parties
Jason Cyril Prior
ApplicantAmounts and remedies
- Duration in Custody: 135
03
Procedural history
Posture
Bail Application / Application
04
Questions and positions
Legal issues
Whether bail should be granted to an accused charged with grave and criminal assault who has been in custody for an extended period
Party arguments
- Applicant
- Applicant has been in custody since 7th April 1999 and trial is unlikely to occur until next year, making the remand period unusually long.
- Respondent
- Applicant poses a significant risk to the public if released, as indicated by Consultant Psychiatrists' reports.
05
Court’s reasoning
Legal principles
- 01
Archbold (2000 Ed'n): paras: 16-52 & 53; 16-57 to 16-59; 16-73
Bail may be refused where the accused poses a significant risk to the public and there is a risk of further offences being committed.
06
Ratio, limits and disposition
Ratio decidendi
Bail refused due to the applicant constituting a significant risk to the public and likelihood of further offences if released, as supported by psychiatric reports.
Obiter and limits
- It is unusual for an accused person to be held on remand in custody for such a long period.
Court disposition
application refused
- Bail application refused; applicant to remain in custody.
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 is an application for bail by Jason Cyril Prior who has been charged with grave and criminal assault. Counsel has reminded us that the applicant has been in custody since 7 th April, 1999, and that it is likely that his trial will not take place - on the assumption that he maintains his plea of not guilty to the charge - until the beginning of next year. It is therefore unusual for an accused person to be held on remand in custody for such a long period.
2. The Court has, however, had the opportunity of studying carefully the papers which have been placed before us and it is satisfied that the circumstances of this case are sufficiently unusual to justify the continuation of the remand in custody. In particular we have had close regard to the reports prepared by the Consultant Psychiatrists and we are satisfied as at present advised that if the applicant were released he would constitute a significant risk to the public and that there would therefore be a risk of further offences being committed.
3. On that basis the Court refuses the application for bail. Authorities Archbold (2000 Ed'n): paras: 16-52 & 53; 16-57 to 16-59; 16-73. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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