Pritchard v AG [2021] JRC 199 (29 July 2021)

Pritchard v AG [2021] JRC 199 (29 July 2021)

Applying an updating construction, Article 2(1)(c) of the 1961 Law is to be interpreted as conferring jurisdiction on the Magistrate's Court to award defence costs where a charge is discontinued under Article 80 of the 2018 Law, as this is consistent with the original legislative intention to compensate defendants...

Source-derived case information.

Citation
[2021] JRC 199
Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
29 July 2021
Procedural Posture
Criminal Appeal / Appeal From Magistrate's Court Decision on Costs Following Discontinuance of Charge
Outcome
Appeal allowed on point of law; Magistrate's Court has jurisdiction to award costs after discontinuance under Article 80 of the 2018 Law.
Legal Topics
Costs in Criminal Proceedings, Interpretation of Statutory Provisions, Discontinuance of Prosecution, Jurisdiction of Magistrate's Court
Criminal Law Costs Costs in Criminal Proceedings Interpretation of Statutory Provisions Discontinuance of Prosecution Jurisdiction of Magistrate's Court

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal From Magistrate's Court Decision on Costs Following Discontinuance of Charge

Legal Issues

  1. 1 Whether the Magistrate's Court has jurisdiction to award defence costs under Article 2(1)(c) of the Costs in Criminal Cases (Jersey) Law 1961 when a charge is discontinued under Article 80 of the Criminal Procedure (Jersey) Law 2018.

Ratio Decidendi

Applying an updating construction, Article 2(1)(c) of the 1961 Law is to be interpreted as conferring jurisdiction on the Magistrate's Court to award defence costs where a charge is discontinued under Article 80 of the 2018 Law, as this is consistent with the original legislative intention to compensate defendants against whom proceedings are withdrawn.

Court Disposition

Appeal allowed on point of law; Magistrate's Court has jurisdiction to award costs after discontinuance under Article 80 of the 2018 Law.