AG v Whelan [2001] JRC 98 (04 May 2001)

AG v Whelan [2001] JRC 98 (04 May 2001)

The Magistrate erred by refusing to consider defence submissions on the strength of the prosecution case; the proper procedure is to allow such submissions and weigh them where relevant, though a general traverse of the prosecution case will not usually advance the application.

Citation
[2001] JRC 98
Parties
Applicant's Advocate: Miss Sowden; Respondent: Prosecution
Jurisdiction
Jersey
Judgment Date
04 May 2001
Procedural Posture
Bail Review Application / Review of Magistrate's Decision Refusing Bail
Outcome
Remitted to Magistrate for reconsideration
Legal Topics
Bail Refusal, Judicial Discretion, Assessment of Prosecution Case, Right to Make Defence Submissions
Criminal Law Bail Bail Refusal Judicial Discretion Assessment of Prosecution Case Right to Make Defence Submissions

Case Brief

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Parties

Miss Sowden

Applicant's Advocate

Prosecution

Respondent

Procedural Posture

Bail Review Application / Review of Magistrate's Decision Refusing Bail

Legal Issues

  1. 1 Whether the Magistrate erred in refusing to consider defence submissions on the strength of the prosecution case when deciding bail
  2. 2 Proper procedure for considering bail applications in light of changes to court practice

Ratio Decidendi

The Magistrate erred by refusing to consider defence submissions on the strength of the prosecution case; the proper procedure is to allow such submissions and weigh them where relevant, though a general traverse of the prosecution case will not usually advance the application.

Court Disposition

Remitted to Magistrate for reconsideration

Orders

  • Matter remitted to the Magistrate to consider all matters afresh in light of this judgment.