T v AG [2024] JRC 111 (13 May 2024)
No transfer order could be made because no suitable treatment facility was available for T and the Crown withdrew its application; media exclusion was justified by necessity due to T's agitation and risk of disruption, not as a derogation from open justice.
- Citation
- [2024] JRC 111
- Parties
- Defendant: T; Applicant: The Crown; Applicant: Attorney General; Amicus Curiae: Advocate Dale
- Jurisdiction
- Jersey
- Judgment Date
- 13 May 2024
- Procedural Posture
- Criminal / Post Conviction, Application for Transfer Order Under Article 69 Mental Health (jersey) Law
- Outcome
- Application for transfer order dismissed; no order made.
- Legal Topics
- Transfer Order, Open Justice, Court Procedure, Mental Disorder, Media Exclusion
Case Brief
Summary, issues, holding and outcome
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Parties
T
Defendant
The Crown
Applicant
Attorney General
Applicant
Advocate Dale
Amicus Curiae
Procedural Posture
Criminal / Post Conviction, Application for Transfer Order Under Article 69 Mental Health (jersey) Law
Legal Issues
- 1 Whether a transfer order under Article 69 of the Mental Health (Jersey) Law 2016 should be made for T
- 2 Whether the exclusion of media from the hearing was justified
Ratio Decidendi
No transfer order could be made because no suitable treatment facility was available for T and the Crown withdrew its application; media exclusion was justified by necessity due to T's agitation and risk of disruption, not as a derogation from open justice.
Court Disposition
Application for transfer order dismissed; no order made.
Orders
- No transfer order under Article 69 Mental Health (Jersey) Law 2016.
- Media excluded from hearing due to exceptional circumstances.
Full Case Text
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