AG -v- Warren [2013] JRC 044A (26 February 2013)

AG -v- Warren [2013] JRC 044A (26 February 2013)

The court has power to grant a civil injunction in aid of the criminal law to prevent crime where there is an attempt to pervert the course of justice by seeking to interview a former juror post-trial; the application to interview Juror 125 is refused and an injunction is granted to prevent any such approach.

Citation
[2013] JRC 044A
Parties
Applicant: Mr Warren; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
26 February 2013
Procedural Posture
Application for Injunction in Aid of Criminal Law / Post Trial, Post Appeal, Application for Civil Injunction
Outcome
Application to interview Juror 125 refused; civil injunction granted to prevent approach to former juror.
Legal Topics
Jury Interference, Abuse of Process, Injunctions in Support of Criminal Law, Ex Parte Material, Public Interest Immunity
Criminal Law Civil Procedure Jury Interference Abuse of Process Injunctions in Support of Criminal Law Ex Parte Material Public Interest Immunity

Case Brief

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Parties

Mr Warren

Applicant

Attorney General

Respondent

Procedural Posture

Application for Injunction in Aid of Criminal Law / Post Trial, Post Appeal, Application for Civil Injunction

Legal Issues

  1. 1 Whether the court should permit the interviewing of a former juror (Juror 125) by an independent party based on new allegations
  2. 2 Whether the court has power to prevent such an interview post-trial and post-appeal
  3. 3 Whether a civil injunction can be granted in aid of the criminal law to prevent crime

Ratio Decidendi

The court has power to grant a civil injunction in aid of the criminal law to prevent crime where there is an attempt to pervert the course of justice by seeking to interview a former juror post-trial; the application to interview Juror 125 is refused and an injunction is granted to prevent any such approach.

Court Disposition

Application to interview Juror 125 refused; civil injunction granted to prevent approach to former juror.

Orders

  • Civil injunction granted prohibiting any approach to Juror 125 in relation to the trial of Mr Warren.