Warren v Att. Gen. [2009] JLR 248 (12 August 2008)

Warren v Att. Gen. [2009] JLR 248 (12 August 2008)

The court held that proceedings should be stayed for abuse of process if a fair trial is impossible or if it would be unfair to try the accused following executive action in breach of the rule of law, balancing this against the public interest in prosecuting serious crime.

Citation
[2009] JLR 248
Parties
Applicant: Warren; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
12 August 2008
Procedural Posture
Criminal / Application for Stay of Proceedings
Outcome
application for stay of proceedings granted
Legal Topics
Stay of Proceedings, Abuse of Process, Fair Trial, Rule of Law
Criminal Law Criminal Procedure Stay of Proceedings Abuse of Process Fair Trial Rule of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Warren

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether proceedings should be stayed for abuse of process
  2. 2 Whether a fair trial is impossible or unfair due to executive action in breach of the rule of law

Ratio Decidendi

The court held that proceedings should be stayed for abuse of process if a fair trial is impossible or if it would be unfair to try the accused following executive action in breach of the rule of law, balancing this against the public interest in prosecuting serious crime.

Court Disposition

application for stay of proceedings granted

Orders

  • proceedings stayed