Att. Gen. v O'Driscoll [2003] JLR 157 (02 June 2003)
- Citation
- [2003] JLR 157
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Jurisdictional Determination
More details
- Posture
- Criminal / Jurisdictional Determination
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Royal Court alone has jurisdiction to determine fitness to plead; the Magistrate's Court must commit the case to the Royal Court for trial of the issue.
Court disposition
Jurisdiction confirmed for Royal Court only
Orders
- Magistrate's Court to commit case to Royal Court for trial of fitness to plead issue
02
Material facts
Parties
Attorney General
ApplicantO'Driscoll
Respondent03
Procedural history
Posture
Criminal / Jurisdictional Determination
04
Questions and positions
Legal issues
Which court has jurisdiction to determine fitness to plead in criminal proceedings?
Party arguments
- Applicant
- The Royal Court alone has jurisdiction to determine fitness to plead.
- Respondent
- The Magistrate's Court may have jurisdiction to determine fitness to plead.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal procedure law
Only the Royal Court has jurisdiction to determine fitness to plead in criminal cases.
06
Ratio, limits and disposition
Ratio decidendi
The Royal Court alone has jurisdiction to determine fitness to plead; the Magistrate's Court must commit the case to the Royal Court for trial of the issue.
Court disposition
Jurisdiction confirmed for Royal Court only
- Magistrate's Court to commit case to Royal Court for trial of fitness to plead issue
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v O'Driscoll [2003] JLR 157 (02 June 2003) URL: https://www.bailii.org/je/cases/JLR/2003/JLR030157.html Cite as: [2003] JLR 157 [ New search ] [ Help ] Att. Gen. v O'Driscoll 2003 JLR 157 (02 June 2003) Criminal Procedure-fitness to plead-jurisdiction of courts-only Royal Court has jurisdiction to determine fitness to plead-Magistrate's Court to commit case to Royal Court for trial of issue 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: 2003 JLR 157 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2003/JLR030157.html
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