
Magistrate’s Court of Jersey
Practice Directions - MC 23/01 - General
These Practice Directions are issued by the Magistrate under Article
113 Criminal Procedure (Jersey) Law 2018 [“the Law”] and shall come
into force on 06 February 2023. They are to be read together with the Law, the
Criminal Procedure (Jersey) Rules 2021 [“the Rules”] and any further
Practice Directions that may be issued by the Magistrate.
The overriding objective of the Law is to ensure that cases in
criminal proceedings are dealt with justly. Dealing with cases justly includes
acquitting the innocent and convicting the guilty, recognising the rights of
the defendant, particularly the right to a fair trial, and dealing with cases
efficiently and expeditiously.
It is the duty of all participants in criminal proceedings to
prepare and conduct cases in accordance with the overriding objective and to
comply with the relevant procedures. The Law, the Rules and these Practice
Directions are the relevant procedures in the Magistrate’s Court.
Contents
Section Title
1
Case
management and the duties of participants and parties
2
Communication
with the Court
3
Notification
of representation
4
Making
an application to Court
5
Attendance
at Court, including use of video link
6
Court
dress
7
Interpreters
8
Listing
9
The Pre-Court
meeting
10
Submission
of documentation to the Court (other than trial bundles)
11
Submission
of authorities to the Court
12
Skeleton
arguments
13
Variation
of time limits
14
Requests
for Information
15
Access
to recordings or transcripts of hearings
16
Judgments
Appendix A Form 1A – General
Application
Form 1B – Response to General Application
1
Case Management
and the duties of participants and parties
1.1
All participants
are reminded of their duties under Article 4 to:
a)
prepare
and conduct the case in accordance with the overriding objective;
b)
comply
with the relevant procedures; and
c)
as soon as
reasonably practicable, inform the Court and all parties to the proceedings if
there is a significant failure to take a procedural step required by the
relevant procedures.
1.2
The
Court has a duty under Article 7 to further the overriding objective by
actively managing cases in criminal proceedings. Each party has a duty under
Article 8 to actively assist the Court in fulfilling this duty.
1.3
The
parties shall apply to the Court for any direction necessary to further the
overriding objective. This duty applies to the conduct of the case as a whole
and is not limited to applications from each party solely to advance their own
case.
1.4
The
duty of the parties to actively assist the Court includes ongoing communication
between the parties and with the Court until the conclusion of the case.
1.5
All
parties are required to adhere to the timetables set by these Practice
Directions and to specific directions set by the Court. Where there has been a
failure to take a procedural step or to comply with a direction, it is the
responsibility of both parties to notify the Court and to seek further
directions.
2
Communication
with the Court
2.1
All
communication with the Court shall be sent via e-mail to the Magistrate’s
Court Greffier (“the Greffier”) at mcg@courts.je, even if the name of the
Greffier dealing with a case is known.
2.2
All
communication with the Court shall be clear and concise. E-mails shall identify
the name of the defendant and the date of the next hearing in the subject
heading, and immediately identify the reason for the communication.
2.3
No
attempt shall be made by any participant to communicate directly with a Magistrate
in connection with any case before the Court.
2.4
No
party shall copy the Greffier into correspondence between themself and any
other party concerning matters specific to the case or issues in the Court. Correspondence
with the Greffier should take place only where action is required by the Court,
in which case the party or parties shall set out clearly what action they are
seeking.
3
Notification
of representation
3.1
Defence
Advocates shall inform the Greffier and the Prosecution of their appointment at
the earliest opportunity. They shall also indicate whether the defendant
requires an interpreter or other assistance.
3.2 Failure to inform the Prosecution of
appointment will lead to delay in service of the initial prosecution case and
the Defence being unable to comply with the requirement under Article 23 to
enter a plea on first appearance. Where there has been a failure to take timely
action to obtain service of the initial prosecution case or to take
instructions in advance of a hearing, the Defence Advocate shall explain the
delay to the Court and may be subject to an application for costs under Part 12.
4
Making an
application to the Court
4.1 Unless the relevant procedures set out a
specific form to be used, an application to the Court shall be made using Form
1A (Appendix A) and the response to the application shall be made using Form 1B
(Appendix A). The Forms shall be completed in PDF format and filed with the
Court via e-mail.
4.2 The parties shall discuss the application
before it is submitted and consider any directions to be sought, including any necessary
timetable. Where the Respondent fails to complete Form 1B, the Applicant shall
notify the Court.
4.3
All
applications shall be submitted as attachments to an e-mail. The Greffier will
not accept an application in the body of an e-mail.
4.4
Unless
either party requests an oral hearing, or the Court considers that such a
hearing is in the interests of justice, all applications will be considered by
the Court on the papers and the parties will be notified of the Court’s
decision by the Greffier.
4.5
An
explanation will be required for any late submission of an application. If this
leads to a delay in proceedings, there may be an application for costs under
Part 12.
5
Attendance
at Court, including use of video link
5.1
Subject
to paragraph 5.2, or unless otherwise directed by the Court, all parties are
required to attend before the Court in person.
5.2
Where a
defendant in custody wishes to appear in person for any hearing other than a
trial, representations to that effect shall be made at the time that the
hearing date is set, or as soon as possible thereafter.
5.3
Where
a party other than a defendant in custody wishes to appear before the Court by
video link, they shall make a written application to the Court, no later than
three working days before the hearing date. Where the requirement to appear
remotely becomes apparent less than three working days before the hearing, the
application shall be made as soon as possible.
6
Court dress
6.1 All persons appearing in the Magistrate’s
Court shall be of a smart, sober, decent, and tidy appearance.
6.2 Attire for lawyers appearing before the
Magistrate’s Court shall be dark coloured business dress, robes and
bands/collarette as appropriate.
6.3 Attire for lawyers appearing before the Youth
Court shall be dark coloured business dress.
6.4 The above is subject to any direction to the
contrary that might be given in an individual case (e.g.
in cases involving special measures).
7
Interpreters
7.1
The
timely provision of an interpreter relies upon clear communication by a party
or a participant that an interpreter is required.
7.2
The
person who charges or causes a defendant to be summoned to Court shall notify
the Greffier at the earliest opportunity if it appears that the defendant
requires an interpreter to participate properly in court proceedings. Where a
defendant appears before the Youth Court, the Court shall be notified whether it
appears that the defendant’s parent(s)/guardian(s) require an
interpreter.
7.3
When
the Defence informs the Court of their instruction in a case, they shall also
indicate whether the defendant appears to require an interpreter.
7.4
Where
a party believes that a witness requires an interpreter, the party calling the
witness shall make the request at the Pre-Trial Directions Hearing
(“PTDH”).
7.5
Whether
a defendant or witness requires an interpreter to participate properly in Court
proceedings is a matter for the Court.
7.6
The
Court will arrange and pay for any interpreter it deems necessary. Where an interpreter
is provided, the parties may use the interpreter to speak to the
defendant/witness(es) at Court before, during and after the hearing.
7.7
Where
it is not possible for the Court to provide an interpreter in person a remote
interpretation service may be used.
8
Listing
8.1
The
listing of cases is at the sole discretion of the Court.
8.2
Where
a party or participant wishes to change the date of any hearing, they shall
make a written application to the Court and notify the other party at the
earliest opportunity.
8.3
Such
an application should only be made where a change of the hearing date is
necessary to ensure an effective hearing in accordance with the overriding
objective.
8.4
Where
the availability of an individual lawyer is an issue, arrangements should be
made by the instructed lawyer to secure the attendance of an alternative
lawyer. Only where no other suitable lawyer is available to assist will an
application to change the hearing date be considered by the Court.
8.5
Where
an application is made to change a Court hearing date, the Court may determine
the matter on the papers. The Greffier will inform the parties and any other
relevant participants of the Court’s decision.
8.6
All
court hearings including trials will remain listed on the original date unless
or until changed by the Court. No party shall de-warn their witnesses until the
Court has determined the application.
8.7
Where
the Court grants the application to change a hearing date, the Greffier will
provide a new bail form or new bail refusal form (as the case may be) to the
defendant’s lawyer or directly to the defendant. Where the change of date
relates to the first hearing, the case will remain listed
and the defendant will be bailed to the new date in the absence of the parties.
9
The Pre-Court
meeting
9.1
Prosecution
and Defence Advocates shall attend at the Remand Court no later than 9.40 a.m. on
the day of the hearing for a pre-Court meeting. The purpose of the pre-Court
meeting is to assist the Court in actively managing cases in accordance with
the overriding objective.
9.2
The
pre-Court meeting will be conducted by the Greffier with the parties to confirm
the following:
a)
who
appears on behalf of the Prosecution for each case;
b)
who
represents each defendant;
c)
the status
of each case, including:
·
what plea(s)
will be entered;
·
the
parties’ views on venue;
·
the
parties’ views on bail;
·
what
progress may be made at the hearing; and
d)
the preferred
order in which cases will be called.
9.3
The
order in which cases will be called is at the discretion of the Court.
9.4
Parties
are respectfully reminded that the pre-Court meeting is part of the Court
process and that their participation shall always be courteous and respectful.
Discussions between the parties should be concluded before the beginning of the
pre-Court meeting to ensure all parties can participate fully in the pre-Court
meeting.
10
Submission
of documentation to the Court (other than trial bundles)
10.1
All documents
submitted to the Court by the parties shall be provided as soon as practicable and in any event no later than two working days before a
hearing date, unless otherwise provided.
10.2
Where
a document becomes available less than two working days before the hearing, the
document shall be submitted to the Court by e-mail as soon as possible.
10.3
Documents
submitted to the Court shall be sent as individual attachments to an e-mail. Where
several documents are received as one scanned image, the Greffier will not accept
the documentation and will require its resubmission.
10.4
All
documents submitted to the Court by either party shall also be provided to the
other party, except documents submitted by the Defence which relate solely to
sentence such as personal references.
10.5
Paper
copies of documents should not be provided to the Court and/or the other party
unless it is impossible to provide these by e-mail prior to the hearing date. An
explanation for their late submission will be required by the Court. Submission
of paper documentation on the day of hearing may lead to delay in the case
being called or dealt with. Any such delay may lead to an application for costs
under Part 12.
11
Submission
of authorities to the Court
11.1
Parties
are responsible for ensuring that the Court is provided with the material it
needs to consider any matter. The Court should be asked to consider only
relevant and necessary authorities.
11.2
Authorities
should only be cited where it is necessary to do so
and the relevant passage or passages shall be highlighted.
11.3
All
authorities shall be provided to the Court and to every other party in the
proceedings no later than five working days prior to any hearing and shall be
submitted by e-mail. Where more than one authority is submitted, they shall be
sent as individual attachments to the e-mail. Where several documents are
received as one scanned image, the Greffier will not accept the documentation
and will require its resubmission.
11.4
An
explanation for the late submission of documentation will be requested by the
Court. Submission of paper documentation on the day of hearing could lead to
delay in the case being dealt with and may result in an adjournment. Any such
delay may lead to an application for costs under Part 12.
12
Skeleton
arguments
12.1
The
Court will order the submission of skeleton arguments as it considers necessary.
Skeleton arguments will be required for:
a)
an application
to stay proceedings for abuse of process;
b)
an
application to request recusal of any Magistrate or Youth Court panel member;
or
c)
an application
for leave of the Court to vacate a guilty plea.
12.2
The
party seeking to advance legal argument will be required to serve their
skeleton argument before the respondent.
12.3
Where
skeleton arguments are ordered by the Court they shall:
a)
begin by identifying
the issues;
b)
be concise;
c)
be
presented in not less than 12-point font and 1.5 line spacing;
d)
be set out
in numbered paragraphs;
e)
be
self-contained and not cross-reference any material previously submitted to the
Court;
f)
not include
extensive quotations from other documents or authorities; and
g)
where an
authority is referred to, the skeleton argument should state the proposition in
law that the authority demonstrates and identify, but not quote extensively,
the parts of the authority that support the proposition.
13
Variation
of time limits
13.1
An
application to vary any time limit set by a relevant procedure or direction
given by the Court shall be made at the earliest opportunity after the need for
the variation is identified.
13.2
Any
application that requires the Court to exercise its power to shorten or extend
(even after it has expired) a time limit under Article 9(2)(f) shall explain
why the time limit has not been met.
14
Requests
for information
14.1
Subject
to paragraphs 14.2 and 14.3 (below) any person seeking to obtain information held
by the Greffier, shall specify who is making the request, what information or
document is sought and the reason it is required. Such application will be
considered by a Magistrate and, should it be granted, the information will be
provided by the Greffier.
14.2 Where the Greffier is satisfied of the identity
of the person making the request for information, no written application is required
where the request relates to:
a)
information
or documentation that was originally received from the party requesting the same;
or
b)
information
about the terms of any direction or order made in relation to the person
applying.
14.3
No
written application is required where the request for information relates to:
a)
the date
of any public hearing;
b)
the
charges before the Court and any plea entered;
c)
the
Court’s decision at any hearing; or
d)
the first
name and surname of any defendant, other than where the identity of the
defendant is protected by law or any other direction of the Court.
14.4
Where
it is considered that a request for information should be dealt with as a
request under data protection legislation, the Greffier will provide
appropriate guidance.
15
Access to
recordings or transcripts of hearings
15.1
This
section applies where a party or participant wishes to:
a)
listen to
a recording of a hearing;
b)
obtain a
written transcript of a hearing; or
c)
be
provided with a copy of a recording of a hearing.
15.2
Where an
appeal is lodged with the Royal Court, the Greffier will arrange for a
transcript to be provided for the hearing of the appeal. No action need be
taken by any party to obtain such a transcript.
15.3
In all
other circumstances access to or provision of a recording or transcript of a Court
hearing is at the discretion of the Court. A person who wishes to have access to
a recording or to obtain a transcript, shall apply in writing using the appropriate
form (Request for an Audio Recording of a Court Hearing; Request for Written Transcript
of a Court Hearing; Request to Listen to a Court Hearing), copies of which may
be obtained from the Greffier.
16
Judgments
16.1
Where
a judgment is reserved, the Court will indicate a date for the parties to
return to Court to receive the judgment.
16.2
All
judgments will be delivered in open Court unless the case requires a hearing
other than in public. Where a hearing is not held in public the Court will
provide a redacted written judgment for publication.
16.3
Judgments
may be given as a written judgment or a short form oral judgment. Where a short
form oral judgment is delivered, the Court may in addition consider producing a
more detailed written judgment at a later date. If it does so
then that written judgment shall be the authoritative version.
16.4
If any
party wishes there to be a written judgment a request should be made at the
conclusion of the case or at the earliest opportunity thereafter.
Appendix A
General Application

Magistrate’s
Court of Jersey
FORM 1A: GENERAL APPLICATION
|
Attorney General v [Name
of defendant]
|
Prosecutor
…………………………….
Defendant
or Advocate ………………………………..
|
Charge(s) and pleas:
Date
of next hearing:………………………………….
|
Nature
of the application:
|
Grounds for the application: (include any relevant background
information and, where relevant, what steps you have taken to avoid this
application)
|
Additional
requirements (e.g., Affidavits)
|
Legal
basis for application:
|
How
does this application further the overriding objective?
|
Do you request a Court hearing?
YES NO
|
What
directions do you seek from the Court?
|
Signed
……………………………
(Defendant or Advocate) or
Prosecutor
Date:
…………………………….
|

Magistrate’s Court of Jersey
FORM 1B: Response to General
Application
|
Attorney General v [Name
of defendant]
|
Prosecutor
…………………………….
Defendant or Advocate ………………………………..
|
Date application received:
…………………………….
|
1. The application is not opposed
|
1.
The application is opposed, and
an oral hearing is requested
The reasons for opposing the application are:
|
2.
The application is opposed, and
no oral hearing is requested
The reasons for opposing the application are:
|
Signed
……………………………
(Defendant or Advocate) or Prosecutor
Date:
…………………………….
|