AG v Bhojwani [2009] JRC 055 (27 March 2009)
Article 77 of the Police Procedures and Criminal Evidence (Jersey) Law 2003 concerns the order of witnesses at trial and does not prohibit the defence from disclosing to the defendant evidence taken on commission prior to trial. Withholding such evidence would undermine the defence-client relationship and the ability to provide proper legal advice.
- Citation
- [2009] JRC 055
- Parties
- Defendant: Defendant; Prosecution: Prosecution
- Jurisdiction
- Jersey
- Judgment Date
- 27 March 2009
- Procedural Posture
- Criminal / Pre Trial Interlocutory Application
- Outcome
- leave granted
- Legal Topics
- Disclosure of Evidence, Order of Witnesses, Statutory Interpretation, Commission Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Defendant
Defendant
Prosecution
Prosecution
Procedural Posture
Criminal / Pre Trial Interlocutory Application
Legal Issues
- 1 Whether the defence may disclose to the defendant transcripts and video recordings of evidence taken on commission prior to trial under Article 77 of the Police Procedures and Criminal Evidence (Jersey) Law 2003.
Ratio Decidendi
Article 77 of the Police Procedures and Criminal Evidence (Jersey) Law 2003 concerns the order of witnesses at trial and does not prohibit the defence from disclosing to the defendant evidence taken on commission prior to trial. Withholding such evidence would undermine the defence-client relationship and the ability to provide proper legal advice.
Court Disposition
leave granted
Orders
- Defence granted leave to disclose to the defendant the transcripts and video recordings of the evidence of two witnesses taken on commission in India.
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