T v AG [2024] JRC 111 (13 May 2024)

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

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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

  1. 1 Whether a transfer order under Article 69 of the Mental Health (Jersey) Law 2016 should be made for T
  2. 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.