AG -v- Richards [2010] JRC 124 (05 July 2010)

AG -v- Richards [2010] JRC 124 (05 July 2010)

The quality of the complainant's evidence would be adversely affected if there were no screen, and any potential prejudice to the defendant can be removed or diluted by an appropriate judicial direction. Leave is granted for the complainant to give evidence behind a screen.

Source-derived case information.

Citation
[2010] JRC 124
Parties
Applicant: Crown Advocate; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
05 July 2010
Procedural Posture
Criminal / Interlocutory Application
Outcome
Application granted
Legal Topics
Witness Protection, Use of Screens in Court, Fair Trial
Criminal Law Evidence Witness Protection Use of Screens in Court Fair Trial

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Summary, issues, holding and outcome

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Parties

Crown Advocate

Applicant

Defendant

Respondent

Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 Whether the complainant should be permitted to give evidence behind a screen shielding her from the defendant

Ratio Decidendi

The quality of the complainant's evidence would be adversely affected if there were no screen, and any potential prejudice to the defendant can be removed or diluted by an appropriate judicial direction. Leave is granted for the complainant to give evidence behind a screen.

Court Disposition

Application granted

Orders

  • Leave granted for the complainant to give evidence behind a screen shielding her from the defendant.