Att. Gen. v E [2012] 1 JLR 99 (23 January 2012)
- Citation
- [2012] 1 JLR 99
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Appeal From Magistrate's Court
More details
- Posture
- Criminal Appeal / Appeal From Magistrate's Court
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Royal Court has no power under the Sex Offenders (Jersey) Law 2010 to order payment of the respondent's costs out of public funds on appeal, as such power requires express statutory provision and cannot be inferred from incidental or consequential order powers.
Court disposition
appeal allowed in part; no order as to costs
Orders
- No order for payment of respondent's costs out of public funds
02
Material facts
Parties
Attorney General
AppellantE
Respondent03
Procedural history
Posture
Criminal Appeal / Appeal From Magistrate's Court
04
Questions and positions
Legal issues
- 01
Whether the Royal Court has power under the Sex Offenders (Jersey) Law 2010 to order payment of respondent's costs out of public funds on appeal
- 02
Whether such power can be inferred from the Law's incidental or consequential order provision
- 03
Applicability of Costs in Criminal Cases (Jersey) Law 1961 to appeals from Magistrate's Court
Party arguments
- Applicant
- The Attorney General appealed the magistrate's reduction of the usual 5-year notification period for sex offenders and sought clarity on the court's power to order costs.
- Respondent
- The respondent sought payment of costs out of public funds following the successful appeal by the Attorney General.
05
Court’s reasoning
Legal principles
- 01
Sex Offenders (Jersey) Law 2010, art. 18(2)(b)
A court requires express statutory power to order payment of costs out of public funds in criminal proceedings; such power cannot be inferred from a general power to make incidental or consequential orders.
- 02
Costs in Criminal Cases (Jersey) Law 1961, art. 2
The Costs in Criminal Cases (Jersey) Law 1961 does not apply to appeals from the Magistrate's Court.
06
Ratio, limits and disposition
Ratio decidendi
The Royal Court has no power under the Sex Offenders (Jersey) Law 2010 to order payment of the respondent's costs out of public funds on appeal, as such power requires express statutory provision and cannot be inferred from incidental or consequential order powers.
Obiter and limits
- The absence of power in the 2010 Law to award costs is probably a serious oversight that should be remedied.
Court disposition
appeal allowed in part; no order as to costs
- No order for payment of respondent's costs out of public funds
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v E [2012] 1 JLR 99 (23 January 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR121099.html Cite as: [2012] 1 JLR 99 [ New search ] [ Help ] Att. Gen. v E 2012 (1) JLR 99 (23 January 2012) Criminal Procedure-Sex Offenders (Jersey) Law 2010-costs-no power under Law to order costs-on successful appeal by Attorney General against magistrate's reduction of usual 5-year notification period, Royal Court unable to order payment of respondent's costs out of public funds-requires express statutory power-cannot be inferred from power under art. 18(2)(b) to make any incidental or consequential order as appears just-Costs in Criminal Cases (Jersey) Law 1961, art. 2 inapplicable to appeals from Magistrate's Court-absence of power in 2010 Law to award costs probably serious oversight to be remedied The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (1) JLR 99 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR121099.html
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