Syvret v Att. Gen. [2012] 2 JLR 94 (16 July 2012)

Syvret v Att. Gen. [2012] 2 JLR 94 (16 July 2012)

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.

Citation
[2012] 2 JLR 94
Parties
Applicant: Syvret; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
16 July 2012
Procedural Posture
Criminal / Judgment
Outcome
claim dismissed
Legal Topics
Police Powers, Prosecution Discretion, Duty of Care
Criminal Law Public Law Police Powers Prosecution Discretion Duty of Care

Case Brief

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Parties

Syvret

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 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
  2. 2 Whether the decision to initiate prosecution or police action is a matter for the police or the Attorney General

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