AG v Ellis 04-Nov-2019 [2019] JRC 220 (04 November 2019)

The Attorney General does not have a right of appeal against interlocutory decisions or forfeiture orders under Article 16(1) of the Forfeiture of Assets Law; leave to appeal is refused.

Citation: [2019] JRC 220
Parties: Applicant: Attorney General; Respondent: Ellis
Jurisdiction: Jersey
Judgment Date: 04 November 2019
Procedural Posture: Application for Leave to Appeal / Post Interlocutory Judgment
Outcome: leave to appeal refused
Legal Topics: Proportionality, Burden of Proof, Right of Appeal, Summary Procedure

Civil Forfeiture Criminal Law Procedural Law Proportionality Burden of Proof Right of Appeal Summary Procedure

Case Brief

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Parties

Attorney General

Applicant

Ellis

Respondent

Procedural Posture

Application for Leave to Appeal / Post Interlocutory Judgment

Legal Issues

1 Whether proportionality applies in civil forfeiture proceedings
2 Who bears the burden of proof for proportionality
3 Whether the Attorney General has a right of appeal against interlocutory decisions or forfeiture orders

Ratio Decidendi

The Attorney General does not have a right of appeal against interlocutory decisions or forfeiture orders under Article 16(1) of the Forfeiture of Assets Law; leave to appeal is refused.

Court Disposition

leave to appeal refused

Orders

Leave to appeal against the Second Judgment is refused.