AG v Baksa [2021] JRC 328 (24 December 2021)

AG v Baksa [2021] JRC 328 (24 December 2021)

The police's negligent failure to disclose relevant material caused the trial to be vacated, but as the defendant was on legal aid and the advocate did not seek a wasted costs order, no such order was made. The court would have exercised its discretion to award costs if costs had been incurred outside the legal aid scheme.

Citation
[2021] JRC 328
Parties
Prosecution: States of Jersey Police; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
24 December 2021
Procedural Posture
Criminal / Pre Trial (application for Wasted Costs Order)
Outcome
No wasted costs order made
Legal Topics
Wasted Costs Orders, Disclosure Failures, Negligence by Prosecution, Legal Aid
Criminal Law Costs Wasted Costs Orders Disclosure Failures Negligence by Prosecution Legal Aid

Case Brief

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Parties

States of Jersey Police

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Pre Trial (application for Wasted Costs Order)

Legal Issues

  1. 1 Whether a wasted costs order should be made against the prosecution for negligent non-disclosure of evidence
  2. 2 Whether costs have been incurred by the defence as a result of the prosecution's negligence
  3. 3 Appropriateness of a wasted costs order where the defendant is on legal aid

Ratio Decidendi

The police's negligent failure to disclose relevant material caused the trial to be vacated, but as the defendant was on legal aid and the advocate did not seek a wasted costs order, no such order was made. The court would have exercised its discretion to award costs if costs had been incurred outside the legal aid scheme.

Court Disposition

No wasted costs order made