Att. Gen. v O'Driscoll [2003] JLR 157 (02 June 2003)

Att. Gen. v O'Driscoll [2003] JLR 157 (02 June 2003)

The Royal Court alone has jurisdiction to determine fitness to plead; the Magistrate's Court must commit the case to the Royal Court for trial of the issue.

Citation
[2003] JLR 157
Parties
Applicant: Attorney General; Respondent: O'Driscoll
Jurisdiction
Jersey
Judgment Date
02 June 2003
Procedural Posture
Criminal / Jurisdictional Determination
Outcome
Jurisdiction confirmed for Royal Court only
Legal Topics
Fitness to Plead, Jurisdiction of Courts
Criminal Law Criminal Procedure Fitness to Plead Jurisdiction of Courts

Case Brief

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Parties

Attorney General

Applicant

O'Driscoll

Respondent

Procedural Posture

Criminal / Jurisdictional Determination

Legal Issues

  1. 1 Which court has jurisdiction to determine fitness to plead in criminal proceedings?

Ratio Decidendi

The Royal Court alone has jurisdiction to determine fitness to plead; the Magistrate's Court must commit the case to the Royal Court for trial of the issue.

Court Disposition

Jurisdiction confirmed for Royal Court only

Orders

  • Magistrate's Court to commit case to Royal Court for trial of fitness to plead issue