Bhojwani v Att. Gen. [2010] JLR 181 (23 February 2010)
- Citation
- [2010] JLR 181
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Judicial Review / Leave to Apply for Judicial Review
More details
- Posture
- Judicial Review / Leave to Apply for Judicial Review
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Judicial review of prosecutorial decisions is only permitted in very exceptional circumstances where the criminal process cannot adequately address the issue.
Court disposition
Leave to apply for judicial review refused
02
Material facts
Parties
Bhojwani
ApplicantAttorney General
Respondent03
Procedural history
Posture
Judicial Review / Leave to Apply for Judicial Review
04
Questions and positions
Legal issues
Whether leave to apply for judicial review of the Attorney General's decision to prosecute or to adduce particular evidence at trial should be granted when alternative remedies exist
Party arguments
- Applicant
- Applicant seeks judicial review of the Attorney General's decision to prosecute or to adduce particular evidence at trial.
- Respondent
- Respondent contends that such matters can be adequately addressed in the criminal process by the trial judge or on appeal, and judicial review is only appropriate in very exceptional circumstances.
05
Court’s reasoning
Legal principles
- 01
[2010] JLR 181
Leave to apply for judicial review of the Attorney General's decision to prosecute or to adduce particular evidence at trial is only granted if the matter cannot be dealt with adequately in the criminal process by the trial judge or on appeal; such leave is granted only in very exceptional circumstances.
06
Ratio, limits and disposition
Ratio decidendi
Judicial review of prosecutorial decisions is only permitted in very exceptional circumstances where the criminal process cannot adequately address the issue.
Court disposition
Leave to apply for judicial review refused
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Bhojwani v Att. Gen. [2010] JLR 181 (23 February 2010) URL: https://www.bailii.org/je/cases/JLR/2010/JLR100181.html Cite as: [2010] JLR 181 [ New search ] [ Help ] Bhojwani v Att. Gen. 2010 JLR 181 (23 February 2010) Administrative Law-judicial review-alternative remedies-leave to apply for judicial review of Attorney General's decision to prosecute or to adduce particular evidence at trial only granted if cannot be dealt with adequately in criminal process by trial judge or on appeal-very exceptional The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2010 JLR 181 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2010/JLR100181.html
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