Jersey Judgment

Att. Gen. v Bale [1983] JLR 7 (30 March 1983)

Criminal Law Evidence Law Admissibility of Confessions Role of Bailiff Procedure in Royal Court

Citation: [1983] JLR 7
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Trial

More details

Posture: Criminal / Trial

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The Bailiff or Deputy Bailiff alone determines the legal admissibility of confessions in the Royal Court of Jersey; there is no requirement for Jurats to retire during such hearings.

Court disposition

clarification of procedure

Material facts

Parties

Attorney General

Applicant

Bale

Respondent

Procedural history

Posture

Criminal / Trial

Questions and positions

Legal issues

01
Who is the proper judge of the legal admissibility of confessions in the Royal Court of Jersey?
02
Are Jurats required or permitted to retire during the hearing of arguments on admissibility?

Party arguments

Applicant: The Bailiff or Deputy Bailiff is the sole judge of the legal admissibility of confessions under Royal Court (Jersey) Law 1948, art. 13.
Respondent: There is no provision requiring Jurats to retire during the hearing of argument on admissibility.

Court’s reasoning

Legal principles

01
Royal Court (Jersey) Law 1948, art. 13

The Bailiff (or Deputy Bailiff) is the sole judge of the legal admissibility of confessions.

Ratio, limits and disposition

Ratio decidendi

The Bailiff or Deputy Bailiff alone determines the legal admissibility of confessions in the Royal Court of Jersey; there is no requirement for Jurats to retire during such hearings.

Court disposition

clarification of procedure

Source and reliance status

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Judgment

[1983] JLR 7

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Royal Court (Jersey) Law 1948, art. 13

Legislation

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