Att. Gen. v Bouchard [1989] JLR 350 (06 April 1983)

Att. Gen. v Bouchard [1989] JLR 350 (06 April 1983)

Defence costs should be paid out of public funds for acquitted or discharged defendants unless there are exceptional reasons, such as acquittal on a technicality or misleading conduct by the defendant.

Citation
[1989] JLR 350
Parties
Applicant: Attorney General; Defendant: Bouchard
Jurisdiction
Jersey
Judgment Date
06 April 1983
Procedural Posture
Criminal / Costs Determination Post Acquittal
Outcome
guidance on costs
Legal Topics
Costs, Defence Costs, Acquittal, Public Funds
Criminal Law Criminal Procedure Costs Defence Costs Acquittal Public Funds

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Bouchard

Defendant

Procedural Posture

Criminal / Costs Determination Post Acquittal

Legal Issues

  1. 1 Whether an acquitted or discharged defendant is entitled to have defence costs paid out of public funds under the Costs in Criminal Cases (Jersey) Law, 1961, art. 2(1)(c)
  2. 2 What constitutes 'exceptional reasons' for denying such costs

Ratio Decidendi

Defence costs should be paid out of public funds for acquitted or discharged defendants unless there are exceptional reasons, such as acquittal on a technicality or misleading conduct by the defendant.

Court Disposition

guidance on costs