Jersey Judgment

Att. Gen. v Michel [2008] JLR 151 (07 May 2008)

Criminal Law Criminal Procedure Prosecution Costs Confiscation Orders

Citation: [2008] JLR 151
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Costs Order

More details

Posture: Criminal / Costs Order

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

A costs order is appropriate even if money from a confiscation order may go to the Law Officers, because the purpose and character of confiscation money is entirely different from prosecution costs.

Court disposition

costs order appropriate

Orders

Costs order made in favour of prosecution

Material facts

Parties

Attorney General

Applicant

Michel

Respondent

Procedural history

Posture

Criminal / Costs Order

Questions and positions

Legal issues

01
Whether a costs order is appropriate when confiscation money may go to Law Officers
02
Distinction between confiscation money and prosecution costs

Party arguments

Applicant: A costs order should be made even if money from a confiscation order may go to the Law Officers, as the purposes and character of confiscation money and prosecution costs are different.
Respondent: Confiscation money going to the Law Officers should preclude or reduce a costs order as it would amount to double recovery.

Court’s reasoning

Legal principles

01
[2008] JLR 151

Confiscation money is characterized by criminality and is not taken to compensate the prosecution for expenditure; costs orders serve a different purpose.

Ratio, limits and disposition

Ratio decidendi

A costs order is appropriate even if money from a confiscation order may go to the Law Officers, because the purpose and character of confiscation money is entirely different from prosecution costs.

Court disposition

costs order appropriate

Costs order made in favour of prosecution

Source and reliance status

Official court record

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Source document

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2008] JLR 151

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [

DONATE ] Jersey Law Reports You are here:

BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Michel [2008] JLR 151 (07 May 2008) URL: https://www.bailii.org/je/cases/JLR/2008/JLR080151.html Cite as: [2008] JLR 151 [ New search ] [ Help ] Att. Gen. v Michel 2008 JLR 151 (07 May 2008) Criminal Procedure-costs-prosecution costs-costs order appropriate even if money from confiscation order may go to Law Officers-purpose and character of confiscation money entirely different to costs-confiscation money characterized by criminality, not taken from defendant to compensate prosecution for expenditure 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: 2008 JLR 151 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2008/JLR080151.html

Authorities

Authorities used by the court

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

No structured authorities are available for this judgment.

Refer to the full judgment and official source for citations that have not yet been extracted.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.