Jersey Judgment

Att. Gen. v A [2012] 2 JLR_Note 1 (06 February 2012)

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Source document

01

Holding and result

The court held that the use of screens may be allowed where necessary to protect witnesses, provided it does not prejudice the fairness of the trial.

Court disposition

application granted

Orders

  • Permission granted for the use of screens for witnesses

02

Material facts

Parties

Attorney General

Applicant

A

Respondent

03

Procedural history

  1. Posture

    Criminal / Interlocutory Application

04

Questions and positions

Legal issues

Whether the use of screens for witnesses is permissible

Party arguments

Applicant
The applicant seeks permission for witnesses to give evidence behind screens for their protection.
Respondent
The respondent opposes the use of screens, arguing it may prejudice the defence.

05

Court’s reasoning

  1. 01

    common law

    The court has discretion to permit the use of screens for witness protection if justice requires.

06

Ratio, limits and disposition

Ratio decidendi

The court held that the use of screens may be allowed where necessary to protect witnesses, provided it does not prejudice the fairness of the trial.

Court disposition

application granted

  • Permission granted for the use of screens for witnesses

Source and reliance status

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Judgment text

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Source document

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Judgment

Judgment

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