AG -v- E [2016] JRC 042 (11 February 2016)

AG -v- E [2016] JRC 042 (11 February 2016)

The intermediary will assist the defendant throughout the trial, not just during testimony, to ensure a fair trial. Pre-trial involvement is limited due to resource considerations; ground rules for questioning and communication are established to accommodate the defendant's vulnerabilities.

Citation
[2016] JRC 042
Parties
Defendant: Mr E; Prosecution: The Crown; Intermediary: Jasmin Hernon; Expert Witness: Ruth Emsley
Jurisdiction
Jersey
Judgment Date
11 February 2016
Procedural Posture
Criminal / Pre Trial Ground Rules Hearing
Outcome
Intermediary appointed for trial; ground rules established; pre-trial involvement limited.
Legal Topics
Vulnerable Defendant, Intermediary Appointment, Trial Procedure, Communication Difficulties
Criminal Law Fair Trial Vulnerable Defendant Intermediary Appointment Trial Procedure Communication Difficulties

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Parties

Mr E

Defendant

The Crown

Prosecution

Jasmin Hernon

Intermediary

Ruth Emsley

Expert Witness

Procedural Posture

Criminal / Pre Trial Ground Rules Hearing

Legal Issues

  1. 1 Whether an intermediary should be appointed for the defendant throughout the trial
  2. 2 Extent of intermediary involvement prior to and during trial
  3. 3 Ground rules for questioning and communication with the defendant

Ratio Decidendi

The intermediary will assist the defendant throughout the trial, not just during testimony, to ensure a fair trial. Pre-trial involvement is limited due to resource considerations; ground rules for questioning and communication are established to accommodate the defendant's vulnerabilities.

Court Disposition

Intermediary appointed for trial; ground rules established; pre-trial involvement limited.

Orders

  • Intermediary to take oath at start of trial and pre-trial hearings.
  • Trial judge to explain intermediary role to jury.