Att. Gen. v W [2014] 1 JLR 398 (28 March 2014)
- Citation
- [2014] 1 JLR 398
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Application for Stay of Proceedings
More details
- Posture
- Criminal / Application for Stay of Proceedings
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A fair trial of historic sexual offences is possible despite a delay of 40-53 years; proceedings should not be stayed.
Court disposition
application for stay of proceedings refused
02
Material facts
Parties
Attorney General
ApplicantW
RespondentAmounts and remedies
- Delay in Years: 53
03
Procedural history
Posture
Criminal / Application for Stay of Proceedings
04
Questions and positions
Legal issues
- 01
Whether proceedings should be stayed for abuse of process due to delay
- 02
Whether delay has caused serious prejudice to the defence making a fair trial impossible
Party arguments
- Applicant
- Fair trial is possible despite the delay; integrity of criminal justice system must be protected.
- Respondent
- Delay of 40-53 years has caused serious prejudice to the defence, making a fair trial impossible.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal procedure jurisprudence
Proceedings may be stayed for abuse of process if a fair trial is impossible or to protect the integrity of the criminal justice system; exceptionally, proceedings may be stayed for delay if serious prejudice to the defence means a fair trial is not possible.
06
Ratio, limits and disposition
Ratio decidendi
A fair trial of historic sexual offences is possible despite a delay of 40-53 years; proceedings should not be stayed.
Court disposition
application for stay of proceedings refused
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.
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 W [2014] 1 JLR 398 (28 March 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR141398.html Cite as: [2014] 1 JLR 398 [ New search ] [ Help ] Att. Gen. v W 2014 (1) JLR 398 (28 March 2014) Criminal Procedure-stay of proceedings-abuse of process-proceedings stayed for abuse of process if fair trial impossible, or necessary to protect integrity of criminal justice system-exceptionally stayed for delay, if serious prejudice to defence means fair trial not possible-fair trial of historic sexual offences possible despite delay of 40-53 years 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: 2014 (1) JLR 398 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR141398.html
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