Syvret v AG and Connetable of Grouville [2011] JCA 146 (28 July 2011)

Syvret v AG and Connetable of Grouville [2011] JCA 146 (28 July 2011)

Leave to appeal the refusal of leave to apply for judicial review is refused due to delay, existence of alternative remedies, futility, repetition of previously litigated matters, and lack of jurisdiction to entertain appeals against refusal to adjourn criminal appeals; abuse of process claims must be raised in criminal proceedings, and no proper basis for adjournment is established.

Citation
[2011] JCA 146
Parties
Applicant: Stuart Syvret; First Respondent: Her Majesty's Attorney General; Second Respondent: Connétable of Grouville
Jurisdiction
Jersey
Judgment Date
28 July 2011
Procedural Posture
Judicial Review Application / Renewed Application for Leave to Appeal Refusal of Leave to Apply for Judicial Review
Outcome
Leave to appeal refused; applications for adjournment refused.
Legal Topics
Judicial Review, Abuse of Process, Disclosure, Delay, Standing, Adjournment, Data Protection, Malicious Prosecution, Misfeasance in Public Office, Wrongful Arrest, Contempt of Court
Administrative Law Criminal Law Human Rights Judicial Review Abuse of Process Disclosure Delay Standing +6 more

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Parties

Stuart Syvret

Applicant

Her Majesty's Attorney General

First Respondent

Connétable of Grouville

Second Respondent

Procedural Posture

Judicial Review Application / Renewed Application for Leave to Appeal Refusal of Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether leave should be granted to appeal refusal of leave to apply for judicial review
  2. 2 Whether the prosecution and charging arrangements in Jersey are structurally conflicted
  3. 3 Whether the decisions to prosecute and charge were abusive and motivated by hostility

Ratio Decidendi

Leave to appeal the refusal of leave to apply for judicial review is refused due to delay, existence of alternative remedies, futility, repetition of previously litigated matters, and lack of jurisdiction to entertain appeals against refusal to adjourn criminal appeals; abuse of process claims must be raised in criminal proceedings, and no proper basis for adjournment is established.

Court Disposition

Leave to appeal refused; applications for adjournment refused.

Orders

  • Leave to appeal the refusal of leave to apply for judicial review is refused.
  • Applications for adjournment of criminal appeals and judicial review proceedings are refused.