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Jersey decisions
Decisions matching the current search
AG -v- C [2018] JRC 097 (01 June 2018)
The Royal Court found the defendant unfit to plead, holding that epilepsy, severe anxiety, and borderline intellectual functioning prevented effective participation.
AG -v- Kean [2017] JRC 164 (09 October 2017)
The Royal Court found the defendant unfit to plead and stand trial on the balance of probabilities, relying on unanimous psychiatric evidence and stayed the prosecution.
AG -v- Baker [2016] JRC 151 (01 September 2016)
The Royal Court found the defendant unfit to plead on agreed psychiatric evidence and ordered detention at HMP La Moye pending possible transfer to Brockfield House.
AG -v- Sousa [2016] JRC 059 (10 March 2016)
The Royal Court of Jersey held that the defendant was not fit to plead, finding on the balance of probabilities that his condition prevented effective participation.
AG -v- A [2015] JRC 011 (19 January 2015)
The Royal Court found the defendant unfit to plead and ordered his immediate release, holding that detention under Article 1(3) of the 1964 Law was permissive, not mandatory.
AG -v- Brown [2013] JRC 100A (23 May 2013)
Sentencing judgment in which the court held that the defendant was criminally responsible despite serious mental illness and imposed a total sentence of 2 years and 1 month.
Harding v Att. Gen. [2010] JLR 239 (18 May 2010)
Jersey decision on fitness to plead: the statutory test asks whether an accused can understand and actively participate in proceedings.
AG v Harding [2009] JRC 198 (16 October 2009)
The Superior Number of the Royal Court found Miss Harding unfit to plead, applying Jersey’s O'Driscoll test to severe Borderline Personality Disorder.
AG v O'Driscoll [2003] JRC 212A (20 November 2003)
The court considered the standard of proof for fitness to plead under Jersey law, but declined to decide it definitively because both psychiatrists agreed the defendant was fit.
AG -v- O Driscoll [2003] JRC 117 (09 July 2003)
The Royal Court of Jersey set a modern test for unfitness to plead, focusing on whether an accused can participate effectively in proceedings, understand the evidence, and make informed decisions.
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