Byrne -v- AG [2016] JRC 210 (16 November 2016)

Given the length of time before trial, the defendant's lack of previous convictions, his admission regarding the addendum, and the seizure of relevant materials, the risk of obstruction of justice is insufficient to justify continued remand in custody. Bail is granted subject to strict conditions, including a surety.

Citation: [2016] JRC 210
Parties: Defendant: Mr Byrne; Prosecution: Prosecution
Jurisdiction: Jersey
Judgment Date: 16 November 2016
Procedural Posture: Bail Application Review / Review of Magistrate's Refusal to Grant Bail
Outcome: bail granted subject to conditions
Legal Topics: Bail Conditions, Risk of Interference With Justice, Fraud, Judicial Review

Criminal Law Bail Bail Conditions Risk of Interference With Justice Fraud Judicial Review

Case Brief

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Parties

Mr Byrne

Defendant

Prosecution

Procedural Posture

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

Legal Issues

1 Whether the Magistrate erred in refusing bail on the ground of risk of interference with justice
2 Whether the defendant's actions justified continued remand in custody

Ratio Decidendi

Court Disposition

bail granted subject to conditions

Orders

Defendant to reside at specified address and not move without written consent of Attorney General.
Defendant to notify authorities immediately of any change of address.