Jersey Judgment

Att. Gen. v W [2014] 1 JLR_Note 18 (12 March 2014)

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Professional case brief

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Source document

01

Holding and result

A preparatory hearing can be ordered when the circumstances of the case, such as complexity or other relevant factors, make it necessary for the fair and efficient administration of justice.

Court disposition

order for preparatory hearing granted

Orders

  • preparatory hearing to be held

02

Material facts

Parties

Attorney General

Applicant

W

Respondent

03

Procedural history

  1. Posture

    Criminal / Preparatory Hearing

04

Questions and positions

Legal issues

Under what circumstances can a preparatory hearing be ordered in criminal proceedings?

Party arguments

Applicant
The applicant seeks an order for a preparatory hearing, arguing that the circumstances of the case justify such an order.
Respondent
The respondent opposes the order, contending that the circumstances do not warrant a preparatory hearing.

05

Court’s reasoning

  1. 01

    Jersey criminal procedure law

    A preparatory hearing may be ordered in criminal proceedings where the complexity or nature of the case requires it for the proper administration of justice.

06

Ratio, limits and disposition

Ratio decidendi

A preparatory hearing can be ordered when the circumstances of the case, such as complexity or other relevant factors, make it necessary for the fair and efficient administration of justice.

Court disposition

order for preparatory hearing granted

  • preparatory hearing to be held

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