1998/212 - AG v Young [1998] UR 212 (22 October 1998)

1998/212 - AG v Young [1998] UR 212 (22 October 1998)

The Court has no jurisdiction under Article 35(2) of the Court of Appeal (Jersey) Law, 1961 to grant bail to an applicant for leave to appeal, as the statutory power is limited to 'Appellants' and does not extend to applicants seeking leave outside the statutory period.

Citation
[1998] UR 212
Parties
Applicant: Dr Young; Respondent: The Crown
Jurisdiction
Jersey
Judgment Date
22 October 1998
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal; Determination of Jurisdiction
Outcome
Application for bail dismissed; Court lacks jurisdiction.
Legal Topics
Bail, Appeal Procedure, Jurisdiction, Interpretation of Statutes
Criminal Law Human Rights Law Procedural Law Bail Appeal Procedure Jurisdiction Interpretation of Statutes

Case Brief

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Parties

Dr Young

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Bail Pending Appeal; Determination of Jurisdiction

Legal Issues

  1. 1 Whether Article 35(2) of the Court of Appeal (Jersey) Law, 1961 empowers the Court to grant bail to an applicant for leave to appeal outside the statutory period
  2. 2 Whether the interpretation of 'Appellant' includes an applicant for leave to appeal
  3. 3 Potential breach of Article 6 of the European Convention on Human Rights if bail is denied

Ratio Decidendi

The Court has no jurisdiction under Article 35(2) of the Court of Appeal (Jersey) Law, 1961 to grant bail to an applicant for leave to appeal, as the statutory power is limited to 'Appellants' and does not extend to applicants seeking leave outside the statutory period.

Court Disposition

Application for bail dismissed; Court lacks jurisdiction.

Orders

  • No bail granted to Dr Young pending determination of his application for leave to appeal.