AG -v- Teixera [2018] JRC 072 (17 April 2018)
There was no misconduct or unequivocal representation by or on behalf of the Attorney General that the respondent would not be prosecuted; the Attorney General lawfully exercised his supervisory powers to direct prosecution after the Centenier's caution; the stay of prosecution was not legally sustainable and did not constitute an abuse of process.
- Citation
- [2018] JRC 072
- Parties
- Appellant: Attorney General; Respondent: Respondent
- Jurisdiction
- Jersey
- Judgment Date
- 17 April 2018
- Procedural Posture
- Criminal Appeal / Appeal Against Stay of Prosecution
- Outcome
- appeal allowed
- Legal Topics
- Abuse of Process, Prosecutorial Discretion, Legitimate Expectation, Supervisory Powers, Natural Justice
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Appellant
Respondent
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Stay of Prosecution
Legal Issues
- 1 Whether the stay of prosecution constituted an abuse of process
- 2 Whether the Attorney General's direction to prosecute after a Centenier's caution was lawful
- 3 Whether misconduct or improper representation occurred
Ratio Decidendi
There was no misconduct or unequivocal representation by or on behalf of the Attorney General that the respondent would not be prosecuted; the Attorney General lawfully exercised his supervisory powers to direct prosecution after the Centenier's caution; the stay of prosecution was not legally sustainable and did not constitute an abuse of process.
Court Disposition
appeal allowed
Orders
- Stay of prosecution set aside
- Prosecution to proceed as directed by the Attorney General
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