Prior v Att. Gen. [2002] JLR 11 (17 January 2002)

Prior v Att. Gen. [2002] JLR 11 (17 January 2002)

The appeal court has no jurisdiction to raise the issue of fitness to plead of its own volition; it must be raised by the accused or, exceptionally, by the trial court.

Citation
[2002] JLR 11
Parties
Appellant: Prior; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
17 January 2002
Procedural Posture
Criminal Appeal / Appeal
Outcome
appeal dismissed
Legal Topics
Fitness to Plead, Jurisdiction of Appeal Court
Criminal Law Criminal Procedure Fitness to Plead Jurisdiction of Appeal Court

Case Brief

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Parties

Prior

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal

Legal Issues

  1. 1 Whether the issue of fitness to plead can be raised by the appeal court of its own volition

Ratio Decidendi

The appeal court has no jurisdiction to raise the issue of fitness to plead of its own volition; it must be raised by the accused or, exceptionally, by the trial court.

Court Disposition

appeal dismissed