Att. Gen. v Bhojwani [2010] JLR 1 (11 April 2008)

Att. Gen. v Bhojwani [2010] JLR 1 (11 April 2008)

The prosecution's duty of disclosure extends to all material that is or may be relevant to the issues or may raise new issues, and the court is the arbiter in case of dispute. Abuse of process becomes an issue for disclosure only if the defence raises credible grounds accepted by the court.

Citation
[2010] JLR 1
Parties
Prosecution: Attorney General; Defendant: Bhojwani
Jurisdiction
Jersey
Judgment Date
11 April 2008
Procedural Posture
Criminal / Interlocutory Application Regarding Disclosure
Outcome
guidance issued on disclosure and abuse of process
Legal Topics
Disclosure, Abuse of Process
Criminal Law Criminal Procedure Disclosure Abuse of Process

Case Brief

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Parties

Attorney General

Prosecution

Bhojwani

Defendant

Procedural Posture

Criminal / Interlocutory Application Regarding Disclosure

Legal Issues

  1. 1 What is the scope of the prosecution's duty of disclosure in criminal proceedings?
  2. 2 When does the issue of abuse of process arise in relation to disclosure?

Ratio Decidendi

The prosecution's duty of disclosure extends to all material that is or may be relevant to the issues or may raise new issues, and the court is the arbiter in case of dispute. Abuse of process becomes an issue for disclosure only if the defence raises credible grounds accepted by the court.

Court Disposition

guidance issued on disclosure and abuse of process