AG -v- X [2014] JRC 057 (04 March 2014)

AG -v- X [2014] JRC 057 (04 March 2014)

The Attorney General retains the customary law power to indict directly into the Royal Court, even where proceedings have commenced in the Magistrate's Court, provided there is a legitimate reason in the interests of justice and subject to the Royal Court's supervisory jurisdiction; the defendant's arrest and presentation were lawful and not an abuse of process.

Citation
[2014] JRC 057
Parties
Prosecutor: Attorney General; Defendant: Defendant; Defendant's Counsel: Advocate Bell
Jurisdiction
Jersey
Judgment Date
04 March 2014
Procedural Posture
Criminal / Challenge to Indictment and Jurisdiction
Outcome
challenge dismissed
Legal Topics
Direct Indictment, Committal Process, Powers of Attorney General, Arrest Powers, Abuse of Process, Fair Trial
Criminal Law Customary Law Human Rights Direct Indictment Committal Process Powers of Attorney General Arrest Powers Abuse of Process +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Attorney General

Prosecutor

Defendant

Defendant

Advocate Bell

Defendant's Counsel

Procedural Posture

Criminal / Challenge to Indictment and Jurisdiction

Legal Issues

  1. 1 Does the Attorney General have power to indict directly into the Royal Court after proceedings have commenced in the Magistrate's Court?
  2. 2 Is the exercise of such power consistent with statutory and customary law?
  3. 3 Was the defendant's arrest and presentation to the Royal Court lawful?

Ratio Decidendi

The Attorney General retains the customary law power to indict directly into the Royal Court, even where proceedings have commenced in the Magistrate's Court, provided there is a legitimate reason in the interests of justice and subject to the Royal Court's supervisory jurisdiction; the defendant's arrest and presentation were lawful and not an abuse of process.

Court Disposition

challenge dismissed

Orders

  • Attorney General's power to indict directly in the Royal Court upheld
  • Proceedings in the Royal Court to continue