AG -v- Self [2009] JRC 122 (09 June 2009)

AG -v- Self [2009] JRC 122 (09 June 2009)

There is no power under the 1961 Law or inherent jurisdiction to award costs pre-trial for withdrawn counts or interlocutory applications; such applications must be made at the end of proceedings and supported by authority.

Citation
[2009] JRC 122
Parties
Defendant: Defendant; Prosecution: Prosecution
Jurisdiction
Jersey
Judgment Date
09 June 2009
Procedural Posture
Criminal / Pre Trial Interlocutory Applications
Outcome
Applications dismissed
Legal Topics
Costs in Criminal Cases, Bail Surety, Withdrawal of Indictment Counts
Criminal Law Procedure Costs in Criminal Cases Bail Surety Withdrawal of Indictment Counts

Case Brief

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Parties

Defendant

Defendant

Prosecution

Prosecution

Procedural Posture

Criminal / Pre Trial Interlocutory Applications

Legal Issues

  1. 1 Whether bail surety can be released for legal costs prior to trial
  2. 2 Whether costs can be awarded pre-trial under the Costs in Criminal Cases (Jersey) Law 1961 or inherent jurisdiction

Ratio Decidendi

There is no power under the 1961 Law or inherent jurisdiction to award costs pre-trial for withdrawn counts or interlocutory applications; such applications must be made at the end of proceedings and supported by authority.

Court Disposition

Applications dismissed

Orders

  • Bail surety release application dismissed
  • Costs application dismissed; may be brought at end of proceedings