Att. Gen. v O'Driscoll [2014] 1 JLR 293 (04 March 2014)

Att. Gen. v O'Driscoll [2014] 1 JLR 293 (04 March 2014)

The Attorney General may indict directly in the Royal Court, bypassing committal in the Magistrate's Court, but only for good reason, such as to avoid requiring a vulnerable victim to give evidence twice.

Citation
[2014] 1 JLR 293
Parties
Applicant: Attorney General; Respondent: O'Driscoll
Jurisdiction
Jersey
Judgment Date
04 March 2014
Procedural Posture
Criminal / Committal Proceedings
Outcome
Attorney General's power to indict directly in the Royal Court affirmed, subject to review and requirement of good reason.
Legal Topics
Committal for Trial, Direct Indictment, Customary Law Powers
Criminal Law Criminal Procedure Committal for Trial Direct Indictment Customary Law Powers

Case Brief

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Parties

Attorney General

Applicant

O'Driscoll

Respondent

Procedural Posture

Criminal / Committal Proceedings

Legal Issues

  1. 1 Whether the Attorney General has the power to indict a defendant directly in the Royal Court without committal proceedings in the Magistrate's Court
  2. 2 Whether there must be a good reason to bypass the committal process

Ratio Decidendi

The Attorney General may indict directly in the Royal Court, bypassing committal in the Magistrate's Court, but only for good reason, such as to avoid requiring a vulnerable victim to give evidence twice.

Court Disposition

Attorney General's power to indict directly in the Royal Court affirmed, subject to review and requirement of good reason.