Jersey Judgment

Att. Gen. v Michel [2007] JLR 553 (20 September 2007)

Criminal Law Costs Defence Costs Legal Aid Acquittal Public Funds

Citation: [2007] JLR 553
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Costs Determination

More details

Posture: Criminal / Costs Determination

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

A legally aided defendant who is acquitted or discharged is entitled to the whole costs of defence from public funds under the relevant statute.

Court disposition

application dismissed

Orders

Whole costs of defence to be paid from public funds to legally aided acquitted or discharged defendant

Material facts

Parties

Attorney General

Applicant

Michel

Respondent

Procedural history

Posture

Criminal / Costs Determination

Questions and positions

Legal issues

Whether a legally aided defendant who is acquitted or discharged is entitled to the whole costs of defence from public funds or only to the extent of his contribution

Party arguments

Applicant: The Attorney General argued that only the defendant's contribution should be payable from public funds under the Costs in Criminal Cases (Jersey) Law 1961, art. 2(4).
Respondent: The respondent argued that the whole costs of defence, as 'expenses properly incurred,' should be payable from public funds, not merely the defendant's contribution.

Court’s reasoning

Legal principles

01
Costs in Criminal Cases (Jersey) Law 1961, art. 2(4)

Under the Costs in Criminal Cases (Jersey) Law 1961, art. 2(4), 'expenses properly incurred' by a legally aided defendant who is acquitted or discharged are the whole costs of defence, not merely the defendant's contribution.

Ratio, limits and disposition

Ratio decidendi

A legally aided defendant who is acquitted or discharged is entitled to the whole costs of defence from public funds under the relevant statute.

Court disposition

application dismissed

Whole costs of defence to be paid from public funds to legally aided acquitted or discharged defendant

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[2007] JLR 553

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Michel [2007] JLR 553 (20 September 2007) URL: https://www.bailii.org/je/cases/JLR/2007/JLR070553.html Cite as: [2007] JLR 553 [ New search ] [ Help ] Att. Gen. v Michel 2007 JLR 553 (20 September 2007) Criminal Procedure-costs-defence costs-acquitted or discharged defendants-if defendant legally aided, costs payable from public funds under Costs in Criminal Cases (Jersey) Law 1961, art. 2(4) as "expenses properly incurred" are whole costs of defence, not merely defendant's contribution 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: 2007 JLR 553 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2007/JLR070553.html

Authorities

Authorities used by the court

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

Costs in Criminal Cases (Jersey) Law 1961, art. 2(4)

Legislation

Legislation referenced in the available case record.

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