AG v Y [2024] JRC 039 (24 January 2024)

AG v Y [2024] JRC 039 (24 January 2024)

Given W's age, the timing and content of his video evidence, his recent mental health crisis, and the interests of justice, it is appropriate to allow his ABE video to be played as his evidence in chief, whether under Article 100 or by discretion under Article 101.

Citation
[2024] JRC 039
Parties
Applicant: The Crown; Respondent: Defendant; Witness: W
Jurisdiction
Jersey
Judgment Date
24 January 2024
Procedural Posture
Criminal / Pre Trial Application
Outcome
application granted
Legal Topics
Witness Evidence, Special Measures, Mental Health, Video Evidence, Vulnerable Witnesses
Criminal Law Evidence Law Mental Health Law Witness Evidence Special Measures Mental Health Video Evidence Vulnerable Witnesses

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Parties

The Crown

Applicant

Defendant

Respondent

W

Witness

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether W qualifies as an eligible witness under Article 100 of the Criminal Procedure (Jersey) Law 2018
  2. 2 Whether the ABE video should be played as W's evidence in chief
  3. 3 Whether the court should exercise discretion under Article 101 to allow video evidence

Ratio Decidendi

Given W's age, the timing and content of his video evidence, his recent mental health crisis, and the interests of justice, it is appropriate to allow his ABE video to be played as his evidence in chief, whether under Article 100 or by discretion under Article 101.

Court Disposition

application granted

Orders

  • W's ABE video to be played as his evidence in chief at trial