Syvret -v- AG [2012] JRC 138B (16 July 2012)

Syvret -v- AG [2012] JRC 138B (16 July 2012)

The Attorney General cannot be held liable for actions taken by the police, who are operationally independent, even if those actions followed advice from the Attorney General's office. The claim also constitutes an impermissible collateral attack on a criminal conviction already upheld on appeal.

Citation
[2012] JRC 138B
Parties
Claimant: Mr Syvret; Defendant: Attorney General
Jurisdiction
Jersey
Judgment Date
16 July 2012
Procedural Posture
Civil / Application to Strike Out
Outcome
claim struck out
Legal Topics
Misfeasance in Public Office, False Imprisonment, Fraudulent Concealment, Conflict of Interest, Police Powers, Prosecutorial Independence, Data Protection
Tort Law Criminal Law Public Law Misfeasance in Public Office False Imprisonment Fraudulent Concealment Conflict of Interest Police Powers +2 more

Case Brief

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Parties

Mr Syvret

Claimant

Attorney General

Defendant

Procedural Posture

Civil / Application to Strike Out

Legal Issues

  1. 1 Whether the Attorney General can be held liable for actions taken by the police following advice from his office
  2. 2 Whether the claim constitutes a collateral attack on a prior criminal conviction
  3. 3 Whether the Commissioner should recuse himself for alleged bias

Ratio Decidendi

The Attorney General cannot be held liable for actions taken by the police, who are operationally independent, even if those actions followed advice from the Attorney General's office. The claim also constitutes an impermissible collateral attack on a criminal conviction already upheld on appeal.

Court Disposition

claim struck out

Orders

  • Application for recusal refused
  • Claim against Attorney General struck out as plainly and obviously without merit