AG -v- Bisson [2010] JRC 198 (03 November 2010)

AG -v- Bisson [2010] JRC 198 (03 November 2010)

The defendant has been offered legal representation on terms that are within his means and subject to further adjudication to prevent financial hardship. He has made an informed decision to decline representation and proceed to trial representing himself. There is no procedural unfairness or breach of his rights under Article 6(3)(c) ECHR.

Citation
[2010] JRC 198
Parties
Defendant: Mr Bisson; Prosecution: Crown; Appointed Legal Aid Lawyers: Mourants Ozannes; Acting Bâtonnier: Mrs Fitz
Jurisdiction
Jersey
Judgment Date
03 November 2010
Procedural Posture
Criminal / Pre Trial Directions and Legal Aid Determination
Outcome
The defendant will represent himself at trial.
Legal Topics
Right to Legal Representation, Means Tested Legal Aid, Self Representation, Financial Hardship in Legal Aid
Criminal Law Legal Aid Right to Legal Representation Means Tested Legal Aid Self Representation Financial Hardship in Legal Aid

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Parties

Mr Bisson

Defendant

Crown

Prosecution

Mourants Ozannes

Appointed Legal Aid Lawyers

Mrs Fitz

Acting Bâtonnier

Procedural Posture

Criminal / Pre Trial Directions and Legal Aid Determination

Legal Issues

  1. 1 Whether the defendant is entitled to free legal representation under the legal aid scheme given his means
  2. 2 Whether the terms of legal aid offered are reasonable and within the defendant's means
  3. 3 Whether the defendant's decision to self-represent is informed and voluntary

Ratio Decidendi

The defendant has been offered legal representation on terms that are within his means and subject to further adjudication to prevent financial hardship. He has made an informed decision to decline representation and proceed to trial representing himself. There is no procedural unfairness or breach of his rights under Article 6(3)(c) ECHR.

Court Disposition

The defendant will represent himself at trial.

Orders

  • Trial to proceed with the defendant representing himself.
  • No further adjournment for legal aid issues.