Evans and Evans -v- AG [2011] JRC 199 (06 October 2011)

Evans and Evans -v- AG [2011] JRC 199 (06 October 2011)

Both Magistrates misdirected themselves by treating gravity of offence and likely sentence as grounds for refusing bail, rather than focusing on legitimate objections; bail must be granted unless prosecution establishes valid grounds for refusal.

Citation
[2011] JRC 199
Parties
Applicant: Morgan Derek Taylor Evans; Applicant: Lloyd Reece Evans; Relief Magistrate: Peter Harris; Acting Magistrate: Richard Falle; Respondent Advocate: Crown Advocate Hollywood
Jurisdiction
Jersey
Judgment Date
06 October 2011
Procedural Posture
Judicial Review of Bail Refusal / Post Hearing, Reasons for Bail Grant
Outcome
bail granted
Legal Topics
Bail, Presumption of Bail, Grounds for Refusal, Misdirection, Human Rights (jersey) Law 2000, Extradition (jersey) Law 2004
Criminal Law Human Rights Law Judicial Review Bail Presumption of Bail Grounds for Refusal Misdirection Human Rights (jersey) Law 2000 +1 more

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Parties

Morgan Derek Taylor Evans

Applicant

Lloyd Reece Evans

Applicant

Peter Harris

Relief Magistrate

Richard Falle

Acting Magistrate

Crown Advocate Hollywood

Respondent Advocate

Procedural Posture

Judicial Review of Bail Refusal / Post Hearing, Reasons for Bail Grant

Legal Issues

  1. 1 Whether the Magistrates misdirected themselves in refusing bail
  2. 2 Whether gravity of offence and likely sentence are legitimate grounds for refusing bail
  3. 3 Whether bail refusal was convention compliant under Human Rights (Jersey) Law 2000

Ratio Decidendi

Both Magistrates misdirected themselves by treating gravity of offence and likely sentence as grounds for refusing bail, rather than focusing on legitimate objections; bail must be granted unless prosecution establishes valid grounds for refusal.

Court Disposition

bail granted

Orders

  • Morgan and Lloyd granted bail with conditions including curfew and prohibition from licensed premises except shops with 6th category licence selling food.
  • Additional conditions imposed to address risk of absconding.