1999/93 - AG v Travis [1999] UR 93 (28 May 1999)

1999/93 - AG v Travis [1999] UR 93 (28 May 1999)

The Magistrate erred by taking into account the means of the applicant's father-in-law, who was not acting as a financial surety, when setting the bail amount. Bail should be set based on the applicant's own resources or those he can actually access.

Citation
[1999] UR 93
Parties
Applicant: Kevin Francis Joseph Travis; Respondent: Solicitor General
Jurisdiction
Jersey
Judgment Date
28 May 1999
Procedural Posture
Bail Review / Application for Review of Magistrate's Bail Decision
Outcome
remitted to Magistrate for reconsideration
Legal Topics
Bail, Judicial Discretion, Financial Surety
Criminal Law Bail Judicial Discretion Financial Surety

Case Brief

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Parties

Kevin Francis Joseph Travis

Applicant

Solicitor General

Respondent

Procedural Posture

Bail Review / Application for Review of Magistrate's Bail Decision

Legal Issues

  1. 1 Whether the Magistrate erred in considering the means of the applicant's father-in-law when setting bail
  2. 2 What is the appropriate amount and conditions for bail in light of the applicant's financial resources

Ratio Decidendi

The Magistrate erred by taking into account the means of the applicant's father-in-law, who was not acting as a financial surety, when setting the bail amount. Bail should be set based on the applicant's own resources or those he can actually access.

Court Disposition

remitted to Magistrate for reconsideration

Orders

  • The matter is remitted to the Magistrate to reconsider the amount of bail and other conditions in light of the Court's remarks.