Pearce v AG [2022] JRC 258 (24 November 2022)

Pearce v AG [2022] JRC 258 (24 November 2022)

Article 16 does not confer a right of appeal against imposition or refusal to vary bail conditions; such decisions may be reviewed by the Royal Court via judicial review, preferably using the longstanding procedure rather than the Part 16 procedure.

Citation
[2022] JRC 258
Parties
Applicant: Applicant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
24 November 2022
Procedural Posture
Judicial Review of Bail Condition Decision / Procedural Judgment Following Ex Tempore Judgment on Merits
Outcome
Procedural clarification issued; longstanding procedure preferred for review of bail condition decisions.
Legal Topics
Bail, Judicial Review, Appeals, Magistrates' Decisions
Criminal Law Procedure Bail Judicial Review Appeals Magistrates' Decisions

Case Brief

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Parties

Applicant

Applicant

Attorney General

Respondent

Procedural Posture

Judicial Review of Bail Condition Decision / Procedural Judgment Following Ex Tempore Judgment on Merits

Legal Issues

  1. 1 Whether Article 16 of the Criminal Procedure (Bail) (Jersey) Law 2017 provides a right of appeal against imposition or refusal to vary bail conditions
  2. 2 Whether judicial review is available to challenge bail conditions or refusal to vary them
  3. 3 Which procedural route should be used for such challenges

Ratio Decidendi

Article 16 does not confer a right of appeal against imposition or refusal to vary bail conditions; such decisions may be reviewed by the Royal Court via judicial review, preferably using the longstanding procedure rather than the Part 16 procedure.

Court Disposition

Procedural clarification issued; longstanding procedure preferred for review of bail condition decisions.

Orders

  • Applicants challenging imposition or refusal to vary bail conditions should proceed by longstanding procedure, with court order under Rule 16/1(1) permitting this.