AG -v- E [2012] JRC 019A (23 January 2012)

AG -v- E [2012] JRC 019A (23 January 2012)

The Court has no power to order costs payable out of public funds under the Sex Offenders (Jersey) Law 2010, as there is no express statutory authority and such power cannot be implied or exercised under inherent jurisdiction.

Citation
[2012] JRC 019A
Parties
Appellant: Attorney General; Respondent: E
Jurisdiction
Jersey
Judgment Date
23 January 2012
Procedural Posture
Appeal / Post Judgment Costs Application
Outcome
application refused
Legal Topics
Costs, Statutory Interpretation, Public Funds, Notification Requirements, Appeals
Criminal Law Public Law Costs Statutory Interpretation Public Funds Notification Requirements Appeals

Case Brief

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Parties

Attorney General

Appellant

E

Respondent

Procedural Posture

Appeal / Post Judgment Costs Application

Legal Issues

  1. 1 Does the Court have power to order costs payable out of public funds under the Sex Offenders (Jersey) Law 2010?
  2. 2 Is there implied or inherent jurisdiction to award costs in the absence of express statutory authority?

Ratio Decidendi

The Court has no power to order costs payable out of public funds under the Sex Offenders (Jersey) Law 2010, as there is no express statutory authority and such power cannot be implied or exercised under inherent jurisdiction.

Court Disposition

application refused

Orders

  • Application for respondent's costs to be paid out of public funds is refused.