AG v Warren and Others [2009] JRC 142 (10 July 2009)

AG v Warren and Others [2009] JRC 142 (10 July 2009)

Abuse of process proceedings are now irrelevant and cannot be referred to at trial; Crown Advocate Sharp may properly appear as prosecutor.

Citation
[2009] JRC 142
Parties
Prosecutor: Crown Advocate Sharp; Defendant: Warren and Others; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
10 July 2009
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Objection overruled; prosecutor permitted to appear.
Legal Topics
Abuse of Process, Prosecutorial Conduct, Trial Procedure
Criminal Law Abuse of Process Prosecutorial Conduct Trial Procedure

Case Brief

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Parties

Crown Advocate Sharp

Prosecutor

Warren and Others

Defendant

Attorney General

Respondent

Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 Whether Crown Advocate Sharp may properly appear as prosecutor given prior involvement in abuse of process proceedings
  2. 2 Whether references to prior abuse of process proceedings are permissible at trial

Ratio Decidendi

Abuse of process proceedings are now irrelevant and cannot be referred to at trial; Crown Advocate Sharp may properly appear as prosecutor.

Court Disposition

Objection overruled; prosecutor permitted to appear.

Orders

  • No reference to abuse of process proceedings permitted at trial.
  • Crown Advocate Sharp allowed to appear as prosecutor.