AG -v- Coughlan [2011] JRC 184A (23 September 2011)

AG -v- Coughlan [2011] JRC 184A (23 September 2011)

The decision of the Assistant Magistrate to refuse bail was not unlawful or so unreasonable that no reasonable Magistrate could have reached it, and current authority holds that detention in the adult female wing is not unlawful.

Source-derived case information.

Citation
[2011] JRC 184A
Parties
Applicant: Miss Coughlan; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
23 September 2011
Procedural Posture
Bail Review Application / Review of Magistrate's Refusal of Bail
Outcome
application refused
Legal Topics
Bail Conditions, Breach of Bail, Detention of Minors, Judicial Discretion
Criminal Law Bail Bail Conditions Breach of Bail Detention of Minors Judicial Discretion

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Parties

Miss Coughlan

Applicant

Crown

Respondent

Procedural Posture

Bail Review Application / Review of Magistrate's Refusal of Bail

Legal Issues

  1. 1 Whether the Magistrate's refusal of bail was unlawful or unreasonable
  2. 2 Whether detention of a young woman under 18 in the adult female wing of the prison is unlawful

Ratio Decidendi

The decision of the Assistant Magistrate to refuse bail was not unlawful or so unreasonable that no reasonable Magistrate could have reached it, and current authority holds that detention in the adult female wing is not unlawful.

Court Disposition

application refused

Orders

  • Applicant remanded back in custody in accordance with the Assistant Magistrate's decision