AG -v- X [2014] JRC 085 (01 April 2014)

AG -v- X [2014] JRC 085 (01 April 2014)

The evidence does not establish that an intermediary is necessary for a fair trial; the defendant can understand simple questions and has shown ability to respond to authority. The appointment of an intermediary is not required at this stage, but the matter will remain under review.

Citation
[2014] JRC 085
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
01 April 2014
Procedural Posture
Criminal / Pre Trial/interlocutory
Outcome
Application for intermediary to be present during defendant's evidence refused; matter to remain under review.
Legal Topics
Intermediary Appointment, Fair Trial, Vulnerable Defendant, Ground Rules Hearing
Criminal Law Procedure Intermediary Appointment Fair Trial Vulnerable Defendant Ground Rules Hearing

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Pre Trial/interlocutory

Legal Issues

  1. 1 Whether an intermediary is necessary for the defendant to have a fair trial
  2. 2 Whether an intermediary should be present next to the defendant while giving evidence

Ratio Decidendi

The evidence does not establish that an intermediary is necessary for a fair trial; the defendant can understand simple questions and has shown ability to respond to authority. The appointment of an intermediary is not required at this stage, but the matter will remain under review.

Court Disposition

Application for intermediary to be present during defendant's evidence refused; matter to remain under review.

Orders

  • Crown must abide by ground rules for questioning as set out in prior order.
  • Ground rules hearing to consider rules for defendant as well as child witness.