Att. Gen. v Maxwell [1996] JLR 375 (19 December 1996)

Att. Gen. v Maxwell [1996] JLR 375 (19 December 1996)

The court held that while the offence of vagrancy exists in Jersey law, it is inappropriate to convict a homeless, destitute person and bind them over to leave the Island. The Magistrate may grant an absolute discharge to show disapproval of the use of the offence, and the legislature should consider its abolition.

Citation
[1996] JLR 375
Parties
Applicant: Attorney General; Respondent: Maxwell
Jurisdiction
Jersey
Judgment Date
19 December 1996
Procedural Posture
Criminal / Appeal
Outcome
absolute discharge granted
Legal Topics
Vagrancy, Offence Abolition, Absolute Discharge
Criminal Law Vagrancy Offence Abolition Absolute Discharge

Case Brief

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Parties

Attorney General

Applicant

Maxwell

Respondent

Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 Whether the offence of vagrancy remains appropriate for prosecution in Jersey law
  2. 2 Whether a homeless, destitute person should be convicted and bound over to leave the Island under vagrancy laws

Ratio Decidendi

The court held that while the offence of vagrancy exists in Jersey law, it is inappropriate to convict a homeless, destitute person and bind them over to leave the Island. The Magistrate may grant an absolute discharge to show disapproval of the use of the offence, and the legislature should consider its abolition.

Court Disposition

absolute discharge granted

Orders

  • Magistrate may grant absolute discharge to show disapproval of use of offence