Jersey Judgment

Att. Gen. v Myles [2005] JLR_Note 5 (24 January 2005)

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Professional case brief

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Source document

01

Holding and result

The court held that the use of screens for witnesses may be allowed where necessary to protect them, provided it does not prejudice the accused's right to a fair trial.

Court disposition

application granted

Orders

  • Permission granted for use of screens for witnesses

02

Material facts

Parties

Attorney General

Applicant

Myles

Respondent

03

Procedural history

  1. Posture

    Criminal / Interlocutory

04

Questions and positions

Legal issues

Whether the use of screens for witnesses is permissible

Party arguments

Applicant
The applicant seeks permission for witnesses to give evidence behind screens for protection.
Respondent
The respondent opposes the use of screens, likely arguing prejudice or unfairness.

05

Court’s reasoning

  1. 01

    common law

    The court may permit the use of screens to protect witnesses if justice so requires.

06

Ratio, limits and disposition

Ratio decidendi

The court held that the use of screens for witnesses may be allowed where necessary to protect them, provided it does not prejudice the accused's right to a fair trial.

Court disposition

application granted

  • Permission granted for use of screens for witnesses

Source and reliance status

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Judgment text

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Source document

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Judgment

Judgment

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