AG -v- Atkinson and Ors 6-Sep-2006 [2006] JRC 125A (06 September 2006)

AG -v- Atkinson and Ors 6-Sep-2006 [2006] JRC 125A (06 September 2006)

The Magistrate did not err in law or act unreasonably in granting bail; the decision was a proper exercise of judicial discretion, even if the reviewing court would have decided differently. Delay by the prosecution may be considered but should not be a paramount factor.

Citation
[2006] JRC 125A
Parties
Applicant: Attorney General; Accused: Cedric Smith; Accused: Karen Atkinson
Jurisdiction
Jersey
Judgment Date
06 September 2006
Procedural Posture
Bail Application Review / Judgment on Application Under Article 21 of the Magistrate's Court (miscellaneous Provisions)(jersey) Law
Outcome
application dismissed
Legal Topics
Bail, Judicial Discretion, Case Management, Disclosure
Criminal Law Procedure Bail Judicial Discretion Case Management Disclosure

Case Brief

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Parties

Attorney General

Applicant

Cedric Smith

Accused

Karen Atkinson

Accused

Procedural Posture

Bail Application Review / Judgment on Application Under Article 21 of the Magistrate's Court (miscellaneous Provisions)(jersey) Law

Legal Issues

  1. 1 Whether the Magistrate erred in granting bail to the accused
  2. 2 Whether delay by the prosecution should be a factor in granting bail
  3. 3 Whether the Magistrate's system for bail applications is appropriate

Ratio Decidendi

The Magistrate did not err in law or act unreasonably in granting bail; the decision was a proper exercise of judicial discretion, even if the reviewing court would have decided differently. Delay by the prosecution may be considered but should not be a paramount factor.

Court Disposition

application dismissed

Orders

  • No interference with the Magistrate's decision to grant bail
  • Matter to be brought before the Court as speedily as possible