
Magistrate’s Court of Jersey
Practice Directions – MC 23/02 – Criminal
Procedure
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 and the Criminal Procedure (Jersey) Rules 2021 [“the
Rules”].
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 Before the first appearance of the
defendant
3 At every appearance of the defendant
4 The first appearance of the defendant
5 Entering pleas and change of plea
6 Venue
7 Trial preparation and Pre-Trial Directions
Hearings
8 Trial
9 Sentencing
10 Discontinuance
Appendix A Defence Case
Statement
Appendix B Pre-Trial
Directions Hearing Form
Appendix C Notice to
introduce Hearsay Evidence
Appendix D Application
to introduce Defendant’s Bad Character
Appendix E Application
to introduce Co-Defendant’s Bad Character
Appendix F Application
to introduce Non-Defendant’s Bad Character
Appendix G Application
for Special Measures Direction
Appendix H Standard
Ground Rules
Appendix I Certificate
of Trial Readiness – Prosecution
Appendix J Certificate
of Trial Readiness – Defence
Appendix K Certificate
of Trial Readiness – Unrepresented Defendant
Appendix L Discontinuance
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 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
Before the
first appearance of the defendant
2.1
The parties
to criminal proceedings shall engage in active, timely and productive
communication at the earliest opportunity to ensure effective progress at the
first hearing.
2.2
In accordance
with their duties under Article 8, parties must be fully prepared before the
first hearing to avoid unnecessary and wasted hearings.
2.3
The Defence
will be provided with the initial details of the Prosecution
case in accordance with the Attorney General’s Guidance 6/2019 at the earliest opportunity
and in any event sufficiently in advance of the defendant’s first appearance to
enable the defendant to comply with the requirement under Article 23 to enter a
plea on that occasion.
3
At every
appearance of the defendant
3.1
The
Greffier will call the case.
3.2
The
defendant shall give their name, address, and date of birth to the Court
personally.
4
The first
appearance of the defendant
4.1
The
charge(s) will be read to the defendant. A plea shall be entered personally by the defendant after each charge is
read.
4.2
Only a
plea of guilty on the first appearance will ordinarily attract the maximum
sentencing reduction of up to one third both in the Magistrate’s Court and the
Royal Court.
Application not to
enter a plea on the first appearance
Approach of the
Court
4.3
The
Court will examine rigorously all applications under Article 23(3) and will
adopt an approach similar to that set out in Plaku v The Queen [2021] EWCA Crim 568.
Unless the Court is satisfied that the defendant needs further information,
assistance, or advice in order to determine whether
he/she is in fact and law guilty of the offence before entering a plea, the
application will ordinarily be refused.
4.4
The
Court will only direct that the defendant need not enter a plea where there is
a real need to do so, to ensure fairness to all defendants when assessing
sentencing credit.
Procedure for not
entering a plea
4.5
An
application under Article 23(3) may be made orally. The
Defence shall inform the Greffier in the pre-Court meeting that such an
application is to be made. The application shall be made after the defendant has been identified and before
the first charge is read.
4.6
The
application shall identify why the defendant need not enter a plea and request
an adjournment for a specific purpose.
4.7
Where the
application cites a failure of the Prosecution to provide the initial details
of the Prosecution case, the application shall identify what material is
outstanding by reference to the Attorney General’s Guidance 6/2019 and how its
absence is relevant to the application.
4.8
If the
Court is satisfied that the Prosecution has served the initial details of the Prosecution
case in accordance with the Attorney General’s guidance, no adjournment will
ordinarily be granted for the service of additional
disclosure.
4.9
Irrespective
of the outcome of the application, the particulars of the offence(s) will be read out in accordance with Article 23(1)(b) and the
Court will proceed to consider the venue.
4.10
Where no
plea is entered and the Court determines Magistrate’s
Court venue, the Court may grant an adjournment so that a plea may be entered
on the defendant’s next appearance. The Greffier will record the reason for no
plea being entered. Sentencing credit may be preserved until a plea is entered.
4.11
Where no
plea is entered and the Court determines Royal Court
venue, the Court will issue directions as to when a plea shall be confirmed to
the Attorney General, together with such further directions as may be
necessary.
5
Entering pleas
and change of plea
Entering a guilty plea in full acceptance of the prosecution
case
5.1
A
guilty plea is clear and unequivocal acceptance of the prosecution case.
5.2
Where
a guilty plea is entered and the Court determines
Magistrate’s Court venue, the Court may either proceed to sentence or adjourn
proceedings.
5.3
Where
the Court proceeds to sentence the Prosecution shall address the Court on the
facts of the case and the Defence shall address the Court in mitigation. The
parties must be prepared to address the Court on ancillary orders on the first
appearance.
Entering a guilty plea on a limited basis
5.4
Where
there is a factual difference between the prosecution case and the defence case
a defendant may enter a guilty plea on a limited basis.
5.5
Counsel
are respectfully reminded that a guilty plea on a
limited basis is not the same as a plea in mitigation and the two should not be
confused.
5.6
A
guilty plea on a limited basis must identify the aspects of the prosecution
case which are not accepted by the Defence. Statements
as to motive and mitigation should not be included.
5.7
A
guilty plea on a limited basis must be realistic and form a proper foundation
for sentencing; it must not be agreed between the parties on a misleading or
untrue set of facts and it must take proper account of
the interests of victims. Where there are co-defendants the basis of plea for
each defendant must be factually consistent with the other bases of plea.
5.8
Irrespective
of the position taken by the Prosecution, it is a matter for the Court whether
the plea is accepted as the basis for sentencing. The
Court will consider whether the basis adequately and appropriately reflects the
evidence as disclosed on the papers, whether it is fair and whether it is in
the interests of justice.
5.9
The
Court will consider a guilty plea on a limited basis in accordance with Article
78 and will adopt an approach similar to that set out
in Underwood [2004] EWCA Crim 2256 and Cairns [2013] EWCA Crim
467.
5.10
The
Court may direct that evidence be called which is
relevant to the disputed facts. This may take the form of a hearing in
accordance with the principles set out in R v Newton (77 Cr. App. R.
(S.) 388 [“a Newton hearing”]. The burden of
proof in a Newton hearing rests on the Prosecution;
the standard of proof is to the criminal standard. The defendant may be required to give evidence and be cross-examined or to
call evidence.
5.11
A
Newton hearing is not required where the Court holds
that:
a)
the
difference between the prosecution and defence cases is not material to
sentence. In such circumstances the Court will sentence on the Defence version;
or
b)
the
defendant’s limited basis of plea is manifestly false or wholly
implausible and does not need to be tested by the giving of evidence. In
such circumstances the defendant will be sentenced on
the Prosecution case.
Procedure for entering a guilty plea on a limited basis
5.12
Unless
the Court directs otherwise, the following procedure shall apply where a guilty
plea is entered on a limited basis:
i.
the
defendant shall provide to the Court and to the Prosecution a written basis of
plea signed by the defendant or their Advocate, in PDF format where possible;
ii.
the basis
shall be provided at the earliest opportunity and, generally, where the plea is
to be entered on the first appearance, no later than one working day before
that hearing;
iii.
the basis shall
set out clearly which aspects of the prosecution case are not accepted by the
defendant and whether these aspects are material to sentencing;
iv.
the
Prosecution shall provide the Court with brief details of the prosecution case
as disclosed on the papers. Such details may be in the CJU5 Form; and
v.
the
parties shall, at the earliest opportunity, make representations to the Court
as to whether they consider a Newton hearing is necessary. Where possible representations shall be made in writing, in PDF
format, no later than one day before the next hearing. Representations may be made orally at the Court hearing where necessary.
5.13
The
Court will consider the basis of plea and indicate whether it is accepted as a basis for sentencing. Where the Court does
not accept the basis, the Court will consider whether a Newton hearing is
necessary and if so, issue directions.
Entering a not guilty plea
5.14
Where a
defendant intends to enter a not guilty plea the Defence shall inform the Prosecution
before the first hearing. The parties shall seek a trial date from the Greffier
at the earliest opportunity.
5.15
Where
a not guilty plea is entered by the defendant, the Defence
shall:
i.
give a
brief explanation of the issues in the case;
ii.
indicate
which Prosecution witnesses are likely to be required to give live evidence and
why their evidence is needed;
iii.
indicate
whether they intend to seek the leave of the Court to call expert evidence; and
iv.
indicate
what witness(es) the Defence intend to call and provide witness availability.
5.16
Where
a not guilty plea is entered, the Prosecution shall:
i.
indicate which
Prosecution witnesses are likely to be required to give
live evidence and provide witness availability; and
ii.
indicate
whether they intend to seek the leave of the Court to call expert evidence.
5.17
The
Court may:
i.
fix a date
for trial and give directions (including fixing a date for a Pre-Trial Directions
Hearing (“PTDH”) if necessary); or
ii.
fix a date
for a PTDH and give directions.
5.18
If a party
cannot comply with any direction made it is the duty of both parties to
notify the Court at the earliest opportunity and ask for further directions.
5.19
Should
a party fail to comply with a direction of the Court that party may be liable
for costs under Part 12.
Change of plea
From a not guilty plea to a guilty plea
5.20
Where
a defendant wishes to withdraw a plea of not guilty and enter a plea of guilty
the Defence shall notify the Court and the Prosecution at the earliest
opportunity. The Court will re-list the matter. No trial date will be vacated until a plea of guilty has been formally entered
by the defendant.
From a guilty plea to a not guilty plea
5.21
In
accordance with Article 79 leave of the Court is required
for a defendant to withdraw a plea of guilty and to enter a plea of not guilty.
The following procedure shall be followed:
i.
an
application for leave shall, unless the Court directs otherwise, be filed with
the Court in PDF format via e-mail;
ii.
the
application shall be accompanied by:
a.
a skeleton
argument in PDF format, setting out why it would be unjust not to grant the application;
b.
an affidavit, in PDF format, sworn by
the defendant which shall:
·
explain
why it would be unjust not to allow him/her to withdraw the guilty plea;
·
identify
any evidence he/she wishes to call; and
·
state
whether the defendant waives legal professional privilege;
c.
an affidavit,
in PDF format, sworn by the Advocate who represented the defendant when the
plea was entered (if applicable);
d.
a time estimate for the hearing; and
e.
details of any directions sought;
iii.
the
application for leave and supporting documents shall be filed
with the Court and served on the Prosecution at the earliest opportunity; and
iv.
the Court will
consider the application on the papers and issue any necessary directions
including those relating to obtaining a transcript of the relevant Court
proceedings, the date by which the Prosecution shall file a response and set a
date for the application to be heard.
6
Venue
Approach of the Court
6.1
The
Court will consider venue in all cases in accordance with Part 6. The parties
may address the Court before any determination is made.
6.2
Where a
defendant has entered a guilty plea on a disputed basis and where such basis
would, in the view of the Court, be material to the Court’s determination of
venue, the Court will hold a Newton hearing before determining venue.
6.3
Where
a defendant has not entered a plea, the Court will proceed to consider venue.
6.5
When
determining venue, a defendant’s previous convictions will not be considered by the Court unless a plea of guilty has been
entered or a defendant has been found guilty after trial.
Procedure where the
Court determines Magistrate’s Court venue
6.6
Where
the Court determines Magistrate’s Court venue, the Court will proceed to trial
or sentencing. The question of venue will remain subject to review until the case
is concluded.
Procedure where the Court determines Royal Court venue
6.7
Where the
Court determines that a defendant should be tried or sentenced by the Royal
Court, the case will be sent to the Royal Court. The Magistrate
will consider matters relating to bail, set a date for the first hearing in the
Royal Court, and give directions necessary to ensure that the first hearing at
the Royal Court is effective.
6.8
Where
the Court determines Royal Court venue but the Royal
Court is not seized of the case, an application to vary a direction already made
by the Magistrate’s Court or an application relating to bail shall be made to
the Magistrate’s Court.
6.9
Any
application for new directions or to change the Royal Court hearing date shall be made to the Royal Court. However, where a variation of a
direction made by the Magistrate’s Court would necessarily lead to a change in
a Royal Court hearing date, the Magistrate’s Court may change the Royal Court date.
6.10
Once any
matter in the case is placed before the Royal Court all
subsequent applications, including matters relating to bail, shall be made to the
Royal Court. The Prosecution shall inform the Magistrate’s Court that the Royal
Court is seized of the case.
Application to review the decision on venue
6.12
All
such applications shall include any information relied upon which was not
before the Court when the decision on venue was made and shall state the relevance
of that new information.
6.13
Such an
application shall be in PDF format and be filed with
the Court by e-mail and be served on the other party at the earliest
opportunity after the information relied upon has come to the attention of the
applicant.
7
Trial
Preparation and Pre-Trial Directions Hearings (“PTDH”)
Defence Case Statement
7.1
Where
a case is adjourned for trial or for a PTDH the
Defence shall, at the earliest opportunity, and in any event no later than fourteen
days after receipt of the full prosecution case, serve a Defence Case Statement
(“DCS”) under Article 83 on the Prosecution and file a copy with the Court (see
Appendix A). The DCS shall be in PDF format.
7.2
Where
the Prosecution are of the view that the DCS fails to comply with Article 84,
they shall notify the Defence and seek directions from the Court.
7.3
Where
the Court holds that no DCS compliant with Article 84 has been filed/served the
Court may warn the defendant under Article 83(4) and may award costs under
Article 83(5). The
Court will give any necessary directions which may include service of an
amended DCS.
7.4
Failure
to serve the full prosecution case or a DCS compliant with Article 84 within
the time limits set by the Court is a significant failure to take a procedural
step as required by the Law. Such failure shall be notified
to the Court by both parties at the earliest opportunity.
7.5
Where
either party requires an extension of time set by the Court for any procedural step they shall make an application to the Court at the
earliest opportunity and in any event before the time limit expires.
7.6
Should
further directions or a pre-trial evidential ruling be
required it is the duty of the party seeking the direction or ruling to
make an application to the Court at the earliest opportunity. The parties should
not wait until the next hearing to inform the Court of any outstanding issues.
Pre-trial Directions Hearing (“PTDH”)
7.7
Where
a PTDH is listed both parties shall complete the PTDH form
(Appendix B) in PDF format, and file it with the Court by e-mail no later than two
working days before the PTDH.
7.8
Where
either party seeks to introduce hearsay evidence (Rule 37), evidence of bad
character (Rules 41 and 42) or make a special measures
application (Rules 53 and 54) the appropriate form shall be completed and filed/served
in accordance with the Rules, or in accordance with the directions of the Court
(Appendices C – G). Any application shall be submitted
in PDF format.
7.9
Where
the Prosecution seek to introduce admissions of fact, the Prosecution shall draft
such admissions and both parties shall seek to agree admissions where possible.
Admissions of fact in PDF format shall be filed with
the Court no later than seven days before the date fixed for the trial.
7.10
Where a
defendant or a witness is eligible for special measures
under Article 100(2)(b)(i) or Article 100(2)(b)(ii)(A)(B)(C)
or (E) the party calling the eligible witness shall draft suitable Ground Rules.
These shall be agreed with the other party before the
PTDH and filed with the Court. The applicant shall apply to the Court for
approval of the Ground Rules at the PTDH. Where no Ground Rules are applied for, standard Ground Rules (Appendix H) shall be
complied with by the parties unless the Court determines otherwise.
7.11
Failure
to comply with a pre-trial timetable will be regarded
as a significant failure to take a procedural step under Article 4(1)(c). Each participant
has a duty to inform the Court of the failure to comply and to apply for
directions where necessary.
7.12
Each
party shall serve a Certificate of Trial Readiness on the Court at least seven days
before the first day of the trial, confirming that the case is ready for trial.
The Prosecution shall complete Appendix I. Where the defendant is legally
represented Appendix J shall be completed. An
unrepresented defendant shall complete the form at Appendix K. All Certificates
are to be filed in PDF format by e-mail with the
Court. Failure to file such a Certificate or failure to be ready for trial on
the fixed date may lead to an application for costs under Part 12.
8
Trial
8.1
In all
cases listed for trial, the Court will provide electronic access to the trial
bundle.
8.2
The Prosecution
shall file the agreed trial bundle with the Court electronically no later than seven
days before the trial date unless the Court directs otherwise.
8.3
All PDF
files shall be added as individual documents so that they
appear in the bundle in the order that corresponds with the index. All
documents shall be labelled appropriately so that the
file name correlates with the name given in the index.
8.4
Once
uploaded, no amendments to the trial bundle shall take place without the leave
of the Court.
8.5
The
parties shall attend a pre-Court meeting with the Greffier on the first day of
the trial no later than 15 minutes before the time set by the Court for the
commencement of the trial.
8.6
All
trials shall commence at the time set by the Court. If a party is not able to
proceed at that time, an application shall be made to
the presiding Magistrate in open court to delay the start of the trial.
9
Sentencing
9.1
All
documents and authorities relevant to sentencing shall be filed
with the Court in PDF format via e-mail.
9.2
The
Court will hear Defence submissions in mitigation. The Court is not bound to accept the
truth of the matters put forward in mitigation and may require the defendant to
give or call evidence, with the burden of proof resting on the defendant to the
civil standard.
9.3
Where
a party (“the Applicant”) intends to apply to the Court for an order ancillary to
criminal proceedings, they shall give notice to the Court and to the other
party (“the Respondent”). Where sentencing takes place on the first appearance,
oral notice may be given in Court of the order
requested and the proposed terms. Where sentencing takes place at a subsequent
hearing, notice shall be given in writing no later
than five working days before the sentencing hearing. Notice shall be provided in PDF format via e-mail and shall set out the
nature of the order requested, the proposed terms, and provide any relevant
supporting evidence or information.
9.4
The
Court does not require the parties to draft the terms of an ancillary order.
9.5
Following
receipt of notification, the Respondent shall provide the Court and the
Applicant with any observations, supporting evidence or information relating to
the order sought. Where
the application is in writing prior to the Court hearing, the response shall be
in writing in PDF format via e-mail no later than three working days before the
sentencing hearing. If no observations are received
prior to the sentencing date, the Greffier will produce a draft order based on the
application.
9.6
Where
the Defence seek an adjournment for the preparation of any report prior to
sentencing the application shall specify what report(s) are
requested and what relevance they may have to sentence. Such application
may be made orally.
9.7
Where
the case is adjourned for any report prior to
sentence, the Prosecution need not give the facts at that hearing but the facts
must be given in open Court before sentencing.
9.8
Where
the Defence believe that information from sources outside the Jersey Probation
and After Care Service (“JPACS”), such as information from Health and Community
Services, would assist JPACS in making a sentencing recommendation to the
Court, they shall raise the matter with the Court and request that JPACS make
the relevant enquiries.
9.9
Where
relevant information is obtained, JPACS shall either include
it in the Pre-Sentence Report (“PSR”) or make an application to the Court for
an additional report to be prepared.
9.10
Counsel
are respectfully reminded that where the Defence seek
to obtain any report which is relevant solely to mitigation, it is the
responsibility of Defence counsel to obtain the same.
10
Discontinuance
10.1
Where the
Prosecution serves a notice of discontinuance under Article 80 and the Defence
do not serve notice that they wish the proceedings to continue (Article 80(5)),
the case will be recorded by the Greffier as discontinued
on the earlier of:
a)
receipt of
notice that the Defence do not intend to serve notice that they wish the
proceedings to continue (Article 80(6A)(b)); or
b)
fourteen
days after service of the Prosecution notice of discontinuance.
10.2
Notification
by the Defence under either Article 80(5) or Article 80(6A)(b),
shall be given in PDF format, using the form set out in Appendix L.
10.3
If the
proceedings are to continue, the case will remain listed as before. No change
of date or additional directions will be made by the Court unless either party
makes an application or it appears to the Court to be
in the interests of justice to do so.
10.4
Where
the defendant is remanded in custody and all
proceedings relating to the defendant have been discontinued, the Court will
serve upon the Prison formal notification that they may release the defendant. The
defendant shall not be released until such
notification has been received.
Costs on discontinuance
10.5
The Court
may grant costs on discontinuance of proceedings following the principles in Pritchard
v AG [2021] JRC 199.
10.6
Where
the Defence serve notice under Article 80(6A)(b) any
application for costs shall be included in that notice and they shall inform
the Prosecution of such application.
10.7
Where
the Prosecution receive notification of an application for costs, they shall,
at the earliest opportunity, provide to the Court in writing any observations
they have on the application or notify the Court that they have no such observations.
10.8
Where
the Prosecution have no observations on the application for costs, the Defence
may request that the application be dealt with on the
papers.
10.9
Where
the application is not dealt with on the papers the
Court will list the matter for hearing. The Court may invite the Prosecution to
provide details regarding the conduct of the case in order to
determine whether it is just to make an award of costs.
10.10 Where the Defence do not provide notification
to the Court under Article 80(6A)(b) and proceedings are
discontinued with effect from fourteen days after the notice of discontinuance
was filed with the Court, an application for costs may be submitted to the
Greffier by email no later than four weeks after the notice of discontinuance.
Appendix
A
Defence
Case Statement
DEFENCE
CASE STATEMENT AND WITNESS NOTICE
Articles 83 to 85 of the Criminal
Procedure (Jersey) Law 2018
Rule 33 of the Criminal
Procedure (Jersey) Rules 2021
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Case
details
Name of
defendant:
Court:
Case
reference number:
Charge(s):
Have you
given a defence case statement or witness notice in this
case before?
No
Yes
If yes, give the date(s).
....................................
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When to
use this form
If you are
the defendant, and you are pleading not guilty, you must give the information
required by Parts 2 and 3 of this form.
You must
return this form within 14 days after the day you receive the
evidence paperwork from the prosecution.
How to use
this form
1.
Complete the case details box above, and Parts 1 to 3 below.
2. Sign
and date the completed form.
3. Send a
copy of the completed form to:
(a) the court, and
(b) the prosecutor
before the
time limit expires.
If you
need more time, you must write to the court to ask for this before
the time limit expires.
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Part 1: Plea
I confirm that I
intend to plead not guilty to [all the charges] [the following
charges] (delete as applicable) against me:
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Part 2:
Nature of the defence
Under
Article 84 of the Criminal Procedure (Jersey) Law 2018, you must:
(a) set
out the nature of your defence, including any particular defences on which
you intend to rely;
(b)
indicate the matters of fact on which you disagree with the prosecution, and
in respect of each explain why;
(c) set
out the particulars of the matters of fact on which you intend to rely for
the purposes of your defence;
(d)
indicate any point of law that you wish to take, including any point about
the admissibility of evidence or about abuse of process, and any authority
you want to rely on; and
(e) if
your defence case statement includes an alibi (i.e.
an assertion that you were in a place or area and at a particular time
inconsistent with your having committed the offence), give particulars,
including –
(i)
the name, address and date of birth of any witness
whom you believe can give evidence in support of that alibi,
(ii) if you do not
know all of those details, any information that
might help identify or find that witness.
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Complete
your statement below. If you need more space, add a further page.
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Part 3:
List of intended defence witness(es)
Do you
intend to call anyone other than yourself as a witness at your trial?
(Please tick yes or no)
No
Yes
If yes, give details below.
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Name
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Date of
birth (if known)
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Address,
or any other contact or identifying details
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IMPORTANT
NOTICE
You must
let the court and the Prosecution know if, after you have sent this form in –
(i) you decide to call a witness, other than yourself, whom
you have not already identified in Part 3 of this form,
(ii) you
decide not to call a witness you have listed Part 3, or
(iii) you
discover information which you should have included in Part 2 or Part 3 if
you had known it then.
Declaration
I understand
that I am responsible for the accuracy and completeness of this document, and
that if I –
(a) do not provide a full and complete defence case
statement before the time limit expires;
(b) give inconsistent defences in the defence case statement;
(c) at trial, rely on a defence, or facts, that I have
not disclosed; or
(d) at trial, call a witness not included or adequately identified in a witness notice in advance,
the court
may draw inferences in deciding whether or not I am
guilty.
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This
form must be signed by the defendant or the defendant’s legal representative. If
signed by a legal representative, he or she confirms that the defendant has
read the completed form (or has had it read to him or her), understands it
and agrees with it.
Signed:...................................................... defendant
/ defendant’s legal representative
(delete as applicable)
Date:
………………………………………….
|
Appendix
B
Pre-Trial
Directions Hearing

Magistrate’s
Court of Jersey
AG v ……………
PRE-TRIAL DIRECTIONS HEARING
|
Date and time of PTDH
|
|
Defendant’s full name
|
|
Defendant’s remand status
|
|
Defence Advocate
|
|
Prosecutor
|
|
Offence(s)
|
|
Trial
|
Date:…………………….
Time:……………………
Estimated length ………………………..
|
PART A
|
1 PLEA
|
a) Has the Defendant been advised that a
reduction in sentence is normally available for an early guilty plea and that
a costs order may be made if convicted?
|
Yes
No
|
b) If No, Magistrate to explain
and confirm plea.
|
Done
|
c) Is there any issue regarding the
Defendant’s capacity?
If Yes, complete
Part B.
|
Yes
No
|
2 CASE
MANAGEMENT
|
2.1 Defence Case Statement (“DCS”)
|
a) Has a DCS compliant with Article 83 been filed?
If No, Complete Part B.
|
Yes
No
|
2.2 Disclosure
|
a) Are there any disclosure issues
outstanding?
If Yes, complete
Part B.
|
Yes
No
|
b) If there is video/audio evidence, has
this been served on the defence?
If No, Complete Part B.
|
Yes
No
|
2.3 Admissibility
|
a) Is the admissibility of any evidence
disputed?
If Yes, complete
Part B.
|
Yes
No
|
|
2.4 Hearsay – Part 8 Police Procedures and Criminal Evidence (Jersey) Law
2003
|
|
a) Does any party wish to introduce a
statement under Rule 37?
If Yes, refer to
the Rules Part 5 Division 2.
|
Yes
No
|
|
2.5 Bad Character - Part 9 Police Procedures and Criminal Evidence (Jersey) Law
2003
|
|
a) Does any party wish to introduce
evidence of bad character under Rule 40?
If Yes, refer to
the Rules Part 5 Division 3.
|
Yes
No
|
|
2.6 Issues of law
|
|
a) Is there any legal argument?
If Yes, complete
Part B.
|
Yes
No
|
|
3 WITNESSES
|
|
3.1 Prosecution witnesses
|
|
a) Statements of the Prosecution
witnesses listed below have been served under
Article 9 Criminal Justice (Evidence and Procedure) (Jersey) Law 1998. If a
witness statement is not accepted, complete Part B.
The defence shall identify which
Prosecution witnesses’ statement(s) is agreed, which
witnesses statements can be read, and which witnesses are to be called.
|
|
Witness name
|
Agree
|
Read
|
Call
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
b) Do any of the Prosecution witnesses
require an interpreter for trial?
If Yes, what language………………………..
|
Yes
No
|
|
The reason a Prosecution witness
statement is not accepted should be clear from the Defence Case Statement. Please state
briefly why a Prosecution witness statement is not accepted.
|
|
3.2 Defence witnesses
|
|
a) Does the Defence Case Statement list
defence witnesses to be called?
|
Yes🞐
No 🞐
|
|
b) Do any of the defence witnesses
require an interpreter for trial?
If Yes, what language………………………..
|
Yes🞐
No 🞐
|
|
|
|
|
|
|
|
3.3 Expert Evidence
If there is to be an application that any
of the above witnesses are to give expert evidence, refer to the Rules Part 5
Division 4.
|
3.4 Admissions of fact
The following topics are
agreed between the parties under Article 3 Criminal Justice (Evidence
and Procedure) (Jersey) Law 1998.
a)
……………………………………………..
b)
……………………………………………...
c)
………………………………………………
|
3.5 Witness Care
|
a) Is the Defendant or any witness aged
under 18 and thereby eligible for special measures (Article
100 (2)(b)(i))?
If Yes, refer to
the Rules Part 5 Division 5.
|
Yes
No
|
b) Is the Defendant or any witness aged 18 or over and eligible for special measures (Article 100
(2)(b)(ii))?
If Yes, refer to
the Rules Part 5 Division 5.
|
Yes
No
|
c) Does the Defendant or any witness require
an interpreter?
If Yes, what
language and for whom?
|
Yes
No
|
4 TECHNICAL REQUIREMENTS
|
4.1 Is
video evidence to be played at trial?
If Yes, what
time is required? …………… mins
|
Yes
No
|
4.2 Is
video audio to be played at trial?
If Yes, what
time is required? …………… mins
|
Yes
No
|
PART B – DIRECTIONS
|
1 CASE
MANAGEMENT
|
1.1
Defence Case Statement
|
a) Magistrate
to warn the Defendant (Criminal Procedure (Jersey) Law 2018 Article 83(4))
‘I must warn you that failure to give a statement of
your defence in compliance with Article 83 Criminal Procedure (Jersey) Law
2018 may lead to comment being made at your trial as appears appropriate. I must also warn
you that the Magistrate may draw such inferences as appear proper when
deciding whether you are guilty of the offence(s) charged. Such comments or inferences could be
harmful to your case.’
|
Warning given?
Yes
No
|
b) Any further direction regarding the
Defence Case Statement?
|
1.2 Disclosure
|
a) What disclosure is outstanding?
|
b) Is the disclosure of any item
disputed?
If Yes, see c)
below.
If No, see d)
below
|
Yes
No
|
c) If disclosure of an item is disputed, attach a copy of the item to this form where
possible and outline the reasons for the dispute.
|
d) If disclosure of an item is not disputed and it has not been served, what date will
it be served by?
……………………………………
|
1.3 Legal Argument
|
a) If a point of
law is to be argued a skeleton argument shall be filed with the Court and
served on the opposing party by………………….. and in any
event at least 14 days before trial.
Any skeleton
argument in reply shall be similarly filed and served within 7 days of
receipt of the former, i.e. by …………………….
|
|
ADDITIONAL
DIRECTIONS
|
1. A plan
of ………………………is to be served and filed by …………………….before
…………………..
|
2. Other
arrangements for the defendant or witnesses e.g.
site visit
|
3. The
Prosecution shall file the trial bundle with the Court by ……………………………
|
Signed: …………………………….
Date: ……………………………..
|
Signed: …………………………….
Date: ……………………………..
|
Prosecutor
|
Defendant or Advocate
|
Appendix
C
Notice
to introduce Hearsay Evidence
NOTICE TO INTRODUCE HEARSAY EVIDENCE
(Police
Procedure and Criminal Evidence (Jersey) Law 2003)
(Criminal Procedure (Jersey)
Rules 2021 Rule 37)
|
Name
of Defendant:
Charge(s):
|
This notice is given by the
Prosecutor/Defendant.
I want to introduce hearsay evidence on the
following ground(s) in PPCE:
it is in the interests of justice to do so:
Article 64(1)(d).
it is admissible under a rule of customary
law: Article 64A.
the witness is unavailable: Article 65(2)(a)
to (e).
a
document or part containing a statement was created
or received through a business capacity from someone supposed to have had
personal knowledge of the matters dealt with: Article 66.
|
1) Details of the hearsay evidence. If you have NOT
already served the evidence, attach any statement or other document
containing it. Otherwise,
give enough details to identify it.
|
2)
Facts on which you rely (if any), and how you will prove them. Set out any facts
that you need to prove to make the evidence admissible. A party who objects to the
introduction of the evidence must explain which, if any, of those facts are
in dispute. Explain
in outline on what you will then rely to prove those
facts.
|
3)
Reasons why the hearsay evidence is admissible. Explain why the evidence is
admissible, by reference to the provisions(s) of PPCE on which you rely.
Signed: …………………………………………………………………………
[Prosecutor/Defendant/Defendant’s Advocate]
Date: ………………………….
|
Notes
1.
Complete every section of this form. If you use an electronic version the boxes will
expand. If you use a paper version and need more space, you may attach extra
sheets.
2.
Sign and date the completed form.
3.
Send a copy of the completed form and any attachments to:
(a)
the court, and
(b)
each other party to the case,
as soon as reasonably practicable after
the Defendant has pleaded not guilty.
4.
A party who objects to the introduction of this evidence must apply to the court
under CPR Rule 38, not more than 14 days after the later of the date of
service of this notice and the date on which the Defendant pleads not guilty.
|
Appendix
D
Notice
to introduce Defendant’s
Bad
Character
APPLICATION
TO INTRODUCE EVIDENCE OF A
DEFENDANT’S BAD
CHARACTER
(Police
Procedure and Criminal Evidence (Jersey) Law 2003, Article 82E)
(Criminal
Procedure (Jersey) Rules 2021, Rule 41)
|
Name of Defendant:
Charge(s):
|
This is an application by the Prosecutor under
Article 82E PPCE.
I want to introduce evidence of the bad character
of the Defendant on the following ground(s):
☐ it is importance explanatory
evidence: Article 82E(1)(c).
☐ it is relevant to an important
matter in issue between the Defendant and the Prosecution: Article 82F.
☐ it is evidence to correct a
false impression given by the Defendant:
Article 82I.
|
1) Facts of the misconduct. If the
misconduct is a previous conviction, explain whether you rely on (a) the fact
of that conviction, or (b) the circumstances of that offence. If (b), set out
the facts on which you rely.
|
2) How you will prove those facts, if in dispute. A
party who objects to the introduction of the evidence must explain which, if
any, of the facts set out above are in dispute. Explain in outline on what you will
then rely to prove those facts, e.g. whether you
rely on (a) a certificate of conviction, (b) another official record (and if
so, which?), or (c) other evidence (and if so, what?).
|
3) Reasons why the evidence is admissible. Explain
why the evidence is admissible, by reference to the provision(s) of the
Police Procedure and Criminal Evidence (Jersey) Law 2003 on which you rely.
|
Signed………………………………………………………………….[Prosecutor]
Date…………………………………………
|
Notes
1.
Complete every section of this form. If you use an electronic version the
boxes will expand. If
you use a paper version and need more space, you may attach extra sheets.
2.
Sign and date the completed form.
3.
Send a copy of the completed form to:
(a) The
court, and
(b) Each
other party to the case,
so as to reach the recipients within the time
prescribed by CPR Rule 41.
4.
A party who objects to the introduction of this
evidence must apply under CPR Rule 43, serving the application as soon as
reasonably practicable and in any event not more than 14 days after receipt of
notice of this application.
Appendix
E
Notice
to introduce Co-Defendant’s
Bad
Character
APPLICATION
TO INTRODUCE EVIDENCE OF A
CO-DEFENDANT’S BAD
CHARACTER
(Police
Procedure and Criminal Evidence (Jersey) Law 2003, Article 82E)
(Criminal
Procedure (Jersey) Rules 2021, Rule 41)
|
Name of Defendant:
Charge(s):
|
This is an application by the above-named
Defendant under Article 82E PPCE.
I want to introduce evidence of the bad character
of ………………………………… (Co-Defendant’s name) on the following ground(s):
☐ it is importance explanatory
evidence: Article 82E(1)(c).
☐ it has substantial probative
value in relation to an important matter which is in issue between the
Defendant and the Co-Defendant: Article 82H.
|
4) Facts of the misconduct. If the
misconduct is a previous conviction, explain whether you rely on (a) the fact
of that conviction, or (b) the circumstances of that offence. If (b), set out
the facts on which you rely.
|
5) How you will prove those facts, if in dispute. A
party who objects to the introduction of the evidence must explain which, if
any, of the facts set out above are in dispute. Explain in outline on what you will
then rely to prove those facts, e.g. whether you
rely on (a) a certificate of conviction, (b) another official record (and if
so, which?), or (c) other evidence (and if so, what?).
|
6) Reasons why the evidence is admissible. Explain
why the evidence is admissible, by reference to the provision(s) of the
Police Procedure and Criminal Evidence (Jersey) Law 2003 on which you rely.
|
Signed………………………………………………………………….
[Defendant/Defendant’s Advocate]
Date…………………………………………
|
Notes
1.
Complete every section
of this form.
If
you use an electronic version the boxes will expand. If you use a paper version and need
more space, you may attach extra sheets.
2. Sign and date the completed form.
3. Send a copy of the completed form to:
(c) The court, and
(d) Each other party to the case,
so as to reach the recipients within the time
prescribed by CPR Rule 41.
4.
A co-defendant who
objects
to the introduction of this evidence must apply under CPR Rule 43, serving the
application as soon as reasonably practicable and in any event not more than 14
days after receipt of notice of this application.
Appendix
F
Notice
to introduce Non-Defendant’s
Bad
Character
APPLICATION
TO INTRODUCE EVIDENCE OF A
NON-DEFENDANT’S BAD
CHARACTER
(Police
Procedure and Criminal Evidence (Jersey) Law 2003, Article 82J)
(Criminal
Procedure (Jersey) Rules 2021, Rule 42)
|
Name of Defendant:
Charge(s):
|
This is an application by [the
Prosecutor/Defendant] under Article 82J PPCE.
I want to introduce evidence of the bad character
of ……………………………… (non-defendant’s name) on the following ground(s):
☐ it is importance explanatory
evidence: Article 82J(1)(a).
☐ it has substantial probative
value in relation to a matter which:
(a) Is a matter in issue in the
proceedings
(b) Is of substantial importance in the
context of the case as a whole: Article 82J(1)(b).
|
7) Facts of the misconduct. If the
misconduct is a previous conviction, explain whether you rely on (a) the fact
of that conviction, or (b) the circumstances of that offence. If (b), set out
the facts on which you rely.
|
8) How you will prove those facts, if in dispute. A
party who objects to the introduction of the evidence must explain which, if
any, of the facts set out above are in dispute. Explain in outline on what you will
then rely to prove those facts, e.g. whether you
rely on (a) a certificate of conviction, (b) another official record (and if
so, which?), or (c) other evidence (and if so, what?).
|
9) Reasons why the evidence is admissible. Explain
why the evidence is admissible, by reference to the provision(s) of the
Police Procedure and Criminal Evidence (Jersey) Law 2003 on which you rely.
|
Signed………………………………………………………………….
[Prosecutor/Defendant/Defendant’s Advocate]
Date…………………………………………
|
Notes
1.
Complete every section
of this form.
If
you use an electronic version the boxes will expand. If you use a paper version and need
more space, you may attach extra sheets.
2. Sign and date the completed form.
3. Send a copy of the completed form to:
(e) The court, and
(f) Each other party to the case,
so as to reach the recipients within the time
prescribed by CPR Rule 41.
4.
A party who objects to the
introduction of this evidence must apply under CPR Rule 43, serving the
application as soon as reasonably practicable and in any event not more than 14
days after receipt of notice of this application.
Appendix
G
Application
for Special Measures Direction
APPLICATION FOR A
SPECIAL MEASURES DIRECTION
(Criminal
Procedure Rules, Rule 53 and 54)
|
Case details
Name of defendant:
Charge(s):
|
How to use this form.
This form includes
notes to help you complete it. They explain when a witness may be eligible
for the assistance of special measures.
Complete
the box above and give the details required in the boxes below.
You must complete Parts A and B in all cases, and
Parts C to H as appropriate. If you use an
electronic version of this form, the boxes will expand. If you use a paper
version and need more space, you may attach extra sheets.
Sign and date the completed
form.
Send a copy of the completed
form to:
(a) the court, and
(b) each other party to the case.[1]
Notes:
- You must send this form so as to reach
the recipients as soon as possible.
- A party who wishes to oppose this application must explain why
they oppose it not more than 14 days after service of this application.
|
PART A:
information about this application
A1. Do you want a
court hearing of this application?
No Yes If yes, explain why.
A2. Is this application late?
No Yes If yes, explain why.
A3. Have you applied for a special measures direction for this witness in this case before?
No Yes If yes, give details and explain what has changed
since then.
|
PART B:
information about the witness
B1. Witness’ details
Name of witness:
Date of birth:
B2. Explain how the witness is eligible
for assistance. Tick each relevant box. If the witness is eligible because of
disability, or fear or distress, give details and explain why the quality of
the witness’ evidence is likely to be diminished
because of that.
Witness is under 18
Mental disorder
Significant
impairment of intelligence
Physical disability or disorder
Witness is or is expected to be off-Island
Fear or distress
B3. Explain
why special measures would be likely to improve the
quality of the witness’ evidence.
B4. Which
measure(s) would be likely to maximise so far as
practicable the quality of the witness’ evidence? Tick
each you propose.
Screening witness from defendant
Screening witness from public gallery
Evidence by live link complete Part C
Removal of gowns
Video recorded interview as evidence in chief complete Part D
Video recorded cross-examination complete Part E
Intermediary complete Part F
Aids to communication complete Part G
Other (please specify) complete Part H
……………………………………………………………………………………
B5. What has been done to help the
witness express an informed opinion about special measures? Care must be taken to explain to the witness (a) what is meant by special measures, (b) what measure(s) may be available,
and (c) what they would involve for the witness.[2]
B6. What views has
the witness expressed about:
(a) his or her eligibility?
(b) whether special
measures would be likely to improve the quality
of his or her
evidence?
(c) the measure(s) that you
propose?
The views, concerns and requests expressed by the witness, or on his
or her behalf, must be set out in detail.
|
PART C: evidence
by live link
C1. Do you want the witness to give
evidence:
using the court’s own live link? or
from somewhere else?
Tick which you propose. If you want the witness to give evidence by
live link from somewhere else, answer question C2.
C2. Explain
why you want the witness to give evidence from somewhere else. Give the address from which you propose
the witness should give evidence, unless you want
the court to direct that the address need not be revealed.
C3. Who
do you propose should accompany the witness while he or she gives evidence? Give that person’s name, if known, and
relationship to the witness (if any).
C4. Why
would that person be an appropriate companion for the witness? Include the witness’ own views.
|
PART D: video recorded interview as evidence in
chief
D1. When was the interview? …………………………………... (date)
D2. Was
the interview conducted through an intermediary?
No Yes If yes, complete Part F as well.
D3. Was any aid to communication used in conducting the interview?
No Yes If yes, give details.
D4. How
long is the full version of the recording? …………… (hours / minutes)
D5. Has
an edited version been prepared for use in evidence?
No Yes
D6. When
did you serve:
(a) the full version? ……………..………………….... (date)
(b) the edited version (if any)? ….………………..... (date)
D7. Do
you want the court’s permission for the witness to give evidence in chief
otherwise than by means of the recording?
No Yes If yes, explain why.
|
PART E: video
recorded cross-examination
E1. Who
do you propose should be present with the witness when the cross-examination
and any re-examination takes place?
Tick each person you propose. Each member of the court and each legal
representative acting in the proceedings must be able to see and hear the
examination if they are not present with the witness. The defendant may not
be present with the witness but must be able to see and hear the examination.
Defence advocate
Prosecution advocate
Judge / Jurats
Intermediary (if
appointed) see also Part G
Witness supporter (if
any)
Give the supporter’s name, if known, and relationship to the witness
(if any).
Explain why that person would be an appropriate companion for the
witness,
including the witness’ own views.
E2. Describe the proposed arrangements
for questioning the witness. Ground Rules for questioning may be directed
by the court. If a direction for the appointment of an intermediary is sought, see also Part G.
|
PART F: intermediary
F1. Describe the witness’ communication
needs, and the proposed arrangements for questioning the witness. Attach any relevant report, including an intermediary’s assessment if
available. Ground Rules for questioning must be discussed
between the court, the advocates and the intermediary before the witness gives
evidence, to establish (a) how questions should be put to help the witness
understand them, and (b) how the proposed intermediary will alert the court
if the witness has not understood or needs a break.
F2. Give
the proposed intermediary’s (a) name and (b) (if relevant) occupation, skills and professional qualifications.
F3. Is
the intermediary known, or related, to the witness?
No Yes If yes, give details.
F4. Has
the intermediary been used in any other part of the
investigation or pre-trial preparation?
No Yes If yes, give details.
F5. Where
a video recorded interview was conducted through an
intermediary:
(a) was that intermediary the person named
above? Yes No
If no, attach an additional Part F in respect of that intermediary,
giving the details required by questions F2, F3, F4 and F5.
|
PART G: aids to
communication
G1. What device is proposed as a communication aid?
G2. Might the use of this device affect the conduct of the trial?
No Yes If yes, give details.
|
PART H: other
H1: Explain why the special measure you have
requested would be likely to improve the quality of the witness’ evidence.
|
PART I: supporting material
Have you included with this application any other
material?
No Yes If yes, list it here.
|
Signed: ……………………………………………….. [prosecutor /
defendant /
defendant’s
advocate]
Date: …………………………………….
|
Appendix
H
Standard
Ground Rules

Magistrate’s Court of Jersey
Standard Ground Rules
These Ground
Rules apply whenever a child or young person, or an eligible witness under
Article 100(2)(b)(ii)(A)(B)(C) or (E) is before a Magistrate’s or Youth Court,
either as a defendant or a witness, so that they can understand and take part
in the case.
Where the person
is the defendant, they should be able to understand the case against them.
Where the person is a witness, they should be asked
questions they can understand and to which they can provide a reliable reply.
These Rules may be amended by the Court at the request of either party.
1.
Clear and
simple everyday language of a type that the person is likely to understand shall
be used at all times.
2.
Technical
legal terms shall be avoided where possible. Where a
legal term cannot be avoided (such as when the charge
is read) it shall be explained in ordinary language.
3.
Questioning
the person shall not be aggressive.
4.
Questions
put to the person shall be in simple form, one question at a time. No sub
clauses to sentences nor tagged questions are to be used.
5.
Questions
will be asked slowly and there will be an appropriate
pause for the person to reply.
6.
Questions
will not be repeated unless the person has not heard,
or not understood the question.
7.
Where a
question has not been understood it will be re phrased
appropriately.
8.
Only open
questions may be asked.
9.
Questions shall
be put one theme at a time and in chronological order.
10.
A change
of theme shall be signposted.
11.
Questions
will be relevant to the issues in the case and designed to provide answers the advocate
wishes to know, and no other reason.
12.
Advocates shall
put their case to the person in appropriate terms.
13.
Breaks
will be taken every 30 minutes or more often if
requested.
14.
Models,
body diagrams with numbering, timelines, signs indicating responses or the need
for a break, or for questioning to stop, shall be made
available to the person.
15.
The
attendance of witnesses shall be timetabled.
Appendix
I
Certificate
of Trial Readiness Prosecution

Magistrate’s Court
of Jersey
Certificate of
Trial Readiness – Prosecution
AG v [INSERT NAME(S) OF DEFENDANT(S)]
The date of the trial is: ____________________________ AM / PM / Full
Day
|
Issue
|
n/a
|
Yes
|
No
|
If no, give details
|
Has all evidence to be relied on been served?
|
|
|
|
|
Has all disclosure been
provided?
|
|
|
|
|
Have all other directions been complied with?
|
|
|
|
|
Have any witness summonses required been received and served?
|
|
|
|
|
Have any special measures
issues been resolved?
|
|
|
|
|
Have Ground Rules been set?
|
|
|
|
|
Have you notified the Court of any interpreter
requirements for witnesses?
If Yes, repeat details
of requirement.
|
|
|
|
|
Has an agreed expert’s statement been served upon the Court?
|
|
|
|
|
Is the case ready to proceed?
If there are issues remaining to be determined
identify them.
|
|
|
|
|
I certify the Prosecution to be trial ready
|
|
Form completed for the Prosecution by: [insert
name]
|
|
Date:
|
|
Appendix
J
Certificate
of Trial Readiness
Defence

Magistrate’s Court
of Jersey
Certificate of
Trial Readiness – Defence
AG v [INSERT NAME(S) OF DEFENDANT(S)]
The date of the trial is: ____________________________ AM / PM / Full
Day
|
Issue
|
n/a
|
Yes
|
No
|
If no, give details
|
Are you in effective contact with the Defendant?
|
|
|
|
|
Do you have full instructions for trial?
|
|
|
|
|
Will the Defendant maintain pleas of not guilty?
|
|
|
|
|
Have the defence reviewed Prosecution witness
requirements and notified any changes?
|
|
|
|
|
Has all defence evidence to be relied on been obtained?
|
|
|
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Has all disclosure been
received?
|
|
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Have all other directions been complied with?
|
|
|
|
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Have defence witnesses required to attend
acknowledged they will attend?
|
|
|
|
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Have any defence witness summonses required been received and served?
|
|
|
|
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Have any special measures
for defence witnesses been resolved?
|
|
|
|
|
Have you notified the Court of any interpreter
requirements for the defendant or defence witnesses?
If Yes, repeat details
of requirement
|
|
|
|
|
Has an agreed expert’s statement been served upon the Court?
|
|
|
|
|
Is the case ready to proceed?
If there are issues remaining to be determined
identify them.
|
|
|
|
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I certify the defence to be trial ready
|
|
|
|
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Information provided on behalf of the Defendant
by: [insert name]
|
|
Date:
|
|
Appendix
K
Certificate
of Trial Readiness
Unrepresented
Defendant

Magistrate’s Court
of Jersey
Certificate of
Trial Readiness – Unrepresented Defendant
AG v [INSERT NAME(S) OF DEFENDANT(S)]
The date of the trial is: __________________________ AM / PM / Full Day
|
Issue
|
n/a
|
Yes
|
No
|
If no, give details
|
Do you still intent to plead not guilty to the
charge(s)?
|
|
|
|
|
Do you have all the evidence you wish to bring at
trial?
|
|
|
|
|
Are you asking for any further information from
the Prosecution?
If Yes, give details of
what further information you are seeking
|
|
|
|
|
Have you done everything the Court has ordered
you to do to prepare for the trial?
|
|
|
|
|
Have all your witnesses agreed to come to court
on the trial date?
|
|
|
|
|
Have you asked the Court for any help you or your
witnesses might need when giving evidence or understanding what is happening
in court? (e.g. an interpreter)
|
|
|
|
|
Do you intent to rely on
the evidence of an expert witness (a person with specialist knowledge)?
If Yes, you shall comply
with the Rules 2021 Part 5
|
|
|
|
|
Is the trial ready to go ahead?
|
|
|
|
|
Is there anything outstanding?
If Yes, please explain
what this is
|
|
|
|
|
I certify that I am trial ready
|
|
Signed:
|
Print Name:
|
Date:
|
|
Appendix
L
Discontinuance

Magistrate’s Court of Jersey
Discontinuance
Attorney General v [Insert name(s) of the defendant(s)]
------------------------------------------------------------------
Notification
by the defence on discontinuance
Article
80 Criminal Procedure (Jersey) Law 2018
------------------------------------------------------------------
The defendant, having
received a notice of discontinuance dated [insert date] in relation to
proceedings in respect of the following charges
[insert detail of
charges discontinued]
Now:
a)
serves
notice upon the Court in accordance with Article 80(5) that he/she wishes the proceedings
to continue [and seeks directions in the following terms] *
or
b)
notifies
the Court in accordance with Article 80(6A) (b) that he/she does not intend to
serve a notice under Article 80(5) [and seeks reasonable defence costs to be
taxed by the Greffier] *;
* Delete as applicable
Signed by / on behalf of the defendant
Date