AG v Jersey Evening Post [2007] JRC 063A (14 March 2007)

AG v Jersey Evening Post [2007] JRC 063A (14 March 2007)

The Court did not have jurisdiction to award costs because no contempt proceedings were formally initiated; the Act of Court did not constitute an indictment or formal charge, and the investigation did not result in discharge or acquittal.

Citation
[2007] JRC 063A
Parties
Applicant: Jersey Evening Post; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
14 March 2007
Procedural Posture
Application for Costs / Post Investigation, Following Decision Not to Proceed With Criminal Contempt
Outcome
Application for costs refused
Legal Topics
Contempt of Court, Costs in Criminal Cases, Media Reporting of Criminal Proceedings
Criminal Law Media Law Contempt of Court Costs in Criminal Cases Media Reporting of Criminal Proceedings

Case Brief

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Parties

Jersey Evening Post

Applicant

Attorney General

Respondent

Procedural Posture

Application for Costs / Post Investigation, Following Decision Not to Proceed With Criminal Contempt

Legal Issues

  1. 1 Whether the Jersey Evening Post is entitled to costs following the Attorney General's decision not to proceed with contempt proceedings
  2. 2 Whether the Act of Court constituted an indictment or formal charge of contempt
  3. 3 Jurisdiction to award costs in the absence of contempt proceedings

Ratio Decidendi

The Court did not have jurisdiction to award costs because no contempt proceedings were formally initiated; the Act of Court did not constitute an indictment or formal charge, and the investigation did not result in discharge or acquittal.

Court Disposition

Application for costs refused