AG v X [2010] JRC 215 (25 November 2010)

AG v X [2010] JRC 215 (25 November 2010)

It is lawful to adjourn the determination of prosecution costs to a later date after sentencing, and a costs order may be made against a defendant serving a custodial sentence if the defendant has substantial assets.

Citation
[2010] JRC 215
Parties
Applicant: Attorney General; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
25 November 2010
Procedural Posture
Criminal / Post Sentencing Costs Application
Outcome
order for costs granted
Legal Topics
Prosecution Costs, Sentencing Procedure, Adjournment of Costs Applications
Criminal Law Costs Prosecution Costs Sentencing Procedure Adjournment of Costs Applications

Case Brief

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Parties

Attorney General

Applicant

Defendant

Respondent

Procedural Posture

Criminal / Post Sentencing Costs Application

Legal Issues

  1. 1 Whether it was lawful to adjourn the determination of prosecution costs to a date after sentencing
  2. 2 Whether a costs order should be made against a defendant serving a custodial sentence with substantial assets

Ratio Decidendi

It is lawful to adjourn the determination of prosecution costs to a later date after sentencing, and a costs order may be made against a defendant serving a custodial sentence if the defendant has substantial assets.

Court Disposition

order for costs granted

Orders

  • Defendant to pay prosecution costs in the sum of £180,000, to be taxed if not agreed.