Syvret v Att. Gen. [2012] 2 JLR 94 (16 July 2012)
- Citation
- [2012] 2 JLR 94
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
More details
- Posture
- Criminal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Attorney General owes no duty of care to third parties for alleged damage as a result of police action based on advice from the Attorney General's department; operational decisions to prosecute or take police action are for the police, not the Attorney General.
Court disposition
claim dismissed
02
Material facts
Parties
Syvret
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the Attorney General owes a duty of care to third parties for alleged damage resulting from police action based on advice from the Attorney General's department
- 02
Whether the decision to initiate prosecution or police action is a matter for the police or the Attorney General
Party arguments
- Applicant
- The applicant contended that the Attorney General should be liable for alleged damage resulting from police action taken on the basis of advice from the Attorney General's department.
- Respondent
- The respondent argued that the police are operationally independent and that the Attorney General owes no duty of care to third parties for police actions, even if such actions follow advice from the Attorney General's department.
05
Court’s reasoning
Legal principles
- 01
Judgment summary
Police are operationally independent of the Attorney General; decisions to initiate prosecution or police action are matters for the police, not the Attorney General, even if following advice from the Attorney General's department.
06
Ratio, limits and disposition
Ratio decidendi
The Attorney General owes no duty of care to third parties for alleged damage as a result of police action based on advice from the Attorney General's department; operational decisions to prosecute or take police action are for the police, not the Attorney General.
Court disposition
claim dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Syvret v Att. Gen. [2012] 2 JLR 94 (16 July 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR122094.html Cite as: [2012] 2 JLR 94 [ New search ] [ Help ] Syvret v Att. Gen. 2012 (2) JLR 94 (16 July 2012) Criminal Procedure-investigation by police-decision to prosecute-police operationally independent of Attorney General-decision to initiate prosecution (e.g. to search premises or arrest suspect) is matter for police, not Attorney General, even if follows advice from Attorney General's department-Attorney General owes no duty of care to third party for alleged damage as result of police action based on such advice The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (2) JLR 94 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR122094.html
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