Att. Gen. v. Baker [2016] 2 JLR_Note 6 (01 September 2016)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Fitness to Plead
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court determined that the respondent was unfit to plead and ordered a hospital order in accordance with Jersey criminal law.
Court disposition
Respondent found unfit to plead; hospital order made.
Orders
- Hospital order imposed on respondent
02
Material facts
Parties
Attorney General
ApplicantBaker
Respondent03
Procedural history
Posture
Criminal / Fitness to Plead
04
Questions and positions
Legal issues
- 01
Whether the respondent is fit to plead in criminal proceedings
- 02
Whether a hospital order should be made
Party arguments
- Applicant
- The applicant seeks a determination of the respondent's fitness to plead and the imposition of a hospital order.
- Respondent
- The respondent contests the fitness to plead and the necessity of a hospital order.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal procedure
Assessment of fitness to plead in criminal proceedings
- 02
Jersey criminal law
Criteria for hospital orders
06
Ratio, limits and disposition
Ratio decidendi
The court determined that the respondent was unfit to plead and ordered a hospital order in accordance with Jersey criminal law.
Court disposition
Respondent found unfit to plead; hospital order made.
- Hospital order imposed on respondent
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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