Jersey Unreported Judgments

Bail application - reminder of the Court's policy

[2017]JRC066

Royal Court

(Samedi)

28 April 2017

The Attorney General

-v-

Robert Thomas Dixey

Steven James Pereira

R. C. P. Pedley, Esq., Crown Advocate.

Advocate M. P. Boothman for Dixey.

Advocate E. L. Wakeling for Pereira.

JUDGMENT

THE BAILIFF:

1.        The Court's general policy, once a guilty plea has been entered on an Indictment containing charges which are likely to result in a custodial sentence, is to have a remand in custody.  But we are conscious that in the more recent past that policy may not have been so routinely applied.  However, it will be the policy for the future and one would expect exceptional circumstances to be provided if the Court is going to grant bail after a guilty plea to an offence which is likely to carry a custodial sentence. 

2.        In this particular case we are not entirely satisfied that there are exceptional circumstances but perhaps the defendants or their counsel had not been aware of the usual policy which is to be applied by this Court and really that is the only reason that the Court is prepared to look at the underlying facts.  In this case, we are satisfied that there is not likely to be interference of witnesses or flight risk and for those reasons in this particular case we are going to grant bail.  That does not mean that the Court will be imposing a non-custodial sentence. 

3.        But in doing so we just want to be absolutely clear with the profession that the landscape changes with a guilty plea and that defendants should expect to be remanded in custody once the guilty plea has been entered if it is likely that a custodial sentence will be imposed, unless there are exceptional circumstances. 

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