Jersey Judgment

In re A v [2012] 1 JLR 197 (24 February 2012)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The applicant is a fit and proper person for admission to the Bar as the offence was out of character, committed more than three years ago, and the applicant has demonstrated good conduct since.

Court disposition

application granted

Orders

  • Applicant admitted to the Bar

02

Material facts

Parties

A

Applicant

03

Procedural history

  1. Posture

    Application for Admission to Bar / Judgment on Admission

04

Questions and positions

Legal issues

Whether the applicant is a fit and proper person for admission to the Bar despite a prior conviction for common assault

Party arguments

Applicant
The offence was wholly out of character and committed more than three years ago; applicant has demonstrated good conduct since.
Respondent
Applicants must demonstrate good conduct; a significant period of time is required between commission of an offence of violence and admission to the Bar.

05

Court’s reasoning

  1. 01

    Advocates and Solicitors (Jersey) Law 1997, art. 3(1)(c)

    Applicants for admission to the Bar must be fit and proper persons, and a significant period (normally at least three years) should elapse between a violent offence and admission.

06

Ratio, limits and disposition

Ratio decidendi

The applicant is a fit and proper person for admission to the Bar as the offence was out of character, committed more than three years ago, and the applicant has demonstrated good conduct since.

Obiter and limits

  • It is important for applicants to demonstrate good conduct.
  • A significant period of time is required between commission of an offence of violence and admission to the Bar, normally at least three years.

Court disposition

application granted

  • Applicant admitted to the Bar

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2012] 1 JLR 197

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BAILII >> Databases >> Jersey Law Reports >> In re A v [2012] 1 JLR 197 (24 February 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR121197.html Cite as: [2012] 1 JLR 197 [ New search ] [ Help ] In re A v 2012 (1) JLR 197 (24 February 2012) Advocates-requirements for admission to Bar-fit and proper person-applicant is "fit and proper person" for admission to Bar, under Advocates and Solicitors (Jersey) Law 1997, art. 3(1)(c), even though pleaded guilty to common assault, as offence wholly out of character and committed more than three years ago-important for applicants to demonstrate good conduct-significant period of time required between commission of offence of violence and admission to Bar, normally at least three years The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (1) JLR 197 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR121197.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Advocates and Solicitors (Jersey) Law 1997, art. 3(1)(c)

Legislation

Legislation referenced in the available case record.

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