
Magistrate’s Court of Jersey
Practice
Directions – MC 23/03 – Bail
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”], the Criminal Procedure (Bail)
(Jersey) Law 2017 [“the Bail Law”] and the Criminal Procedure (Bail) Rules 2019
[“the Bail 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 the Practice
Directions are the relevant procedures in the Magistrate’s Court.
Contents
Section Title
1
Applications
for bail
2
Application
to vary bail conditions
3
Security
4
Surety
5
Appeal
against grant of bail
Appendix A Form 1A - Prosecution position on Bail
Form
1B – Full bail application
Appendix B Form 2A – Limited bail application
Form 2B - Response
to limited bail application
Appendix C Form 3A – Application to vary bail conditions
Form
3B - Response to application to vary bail conditions
Appendix D Form 4A – Proposal for Security
Form
4B - Response to Security proposal
Appendix E Form 5A – Proposal for Surety
Form 5B – Response to Surety proposal
Appendix F Form 6 - Appeal against grant of bail
1
Applications
for bail
Full bail applications and limited
bail applications
Approach of the Court
1.1
A full bail
application is one in which the defendant may submit any relevant argument of
fact or law in support of the application.
1.2
A limited
bail application is one in which the Court need not hear arguments of fact or
law which it has heard previously (Article 7(5) of the Bail Law).
1.3
A
defendant may make two full bail applications but only where they are made on
the defendant’s first and second Court appearances respectively. A full bail
application may be made on the third or subsequent appearance but only where no
previous application has been made.
1.4
If a full
bail application is made for the first time on a second or subsequent
appearance any further application will be a limited bail application.
1.5
Where a
limited bail application is made the Defence shall focus on information which
the Court has not heard before, including any change in the defendant’s
circumstances or any new information. Submissions shall be relevant to the
reasons why bail was previously denied.
1.6
Where a
defendant is not legally represented, they may send a completed application to
the Greffier at mcg@courts.je.
The Greffier will send the application to the Prosecution.
1.7
Where a
defendant wishes to withdraw an application for bail, they shall inform the
Court and the Prosecution in writing at the earliest opportunity.
Full bail application on first appearance
1.8
The
Prosecution shall complete a Form 1A (Appendix A), file it with the Court and serve
it on the defendant. Where possible the Form 1A shall be in PDF format and
filed/served via e-mail.
1.9
When a
defendant held in custody first appears before the Court
they may apply for bail by completing Form 1B (Appendix A) which shall be filed
with the Court and served on the Prosecution at the earliest opportunity. Where
possible the application shall be in PDF format and filed/served via e-mail.
Full
bail application on second appearance
1.10
The Defence
shall inform the Prosecution that they intend to make a full bail application
on the second appearance. If the
Prosecution maintains the position stated on
Form1A, there is no requirement for a new Form 1A to be submitted. The Prosecution shall inform the Court and Defence
that no further Form 1A will be filed.
Alternatively, the Prosecution shall complete a new Form 1A in PDF
format, file it with the Court and serve it on the Defence no later than three
working days before the hearing.
1.11
Where a
defendant has not made a previous bail application, the defendant shall
complete Form 1B, in PDF format, file it with the Court and serve it on the
Prosecution. Where a defendant has made a bail application previously and
wishes to rely on the information in Form 1B filed/served there is no
requirement to file/serve a new Form 1B. They shall inform the Court and
Prosecution that no further Form 1B will be filed/served. Where a defendant
wishes to rely on additional information or legal arguments, they shall
complete a new Form 1B, in PDF format, file it with the Court and serve it on
the Prosecution.
1.12
Where a full
bail application is to be made other than at the next scheduled hearing, the Defence
shall complete Form 1B in PDF format, file it with the Court and serve it on
the Prosecution by e-mail at the earliest opportunity. If the Prosecution
maintains the position stated on Form1A,
there is no requirement for a new Form 1A to be submitted. The Prosecution shall inform the Court and Defence
that no further Form 1A will be filed.
Alternatively, the Prosecution shall complete a new Form 1A in PDF
format, file it with the Court and serve it on the defendant no later than two
working days after receipt of Form 1B. The Court will fix a hearing date as
soon as practicable and notify the parties.
Application
for bail on third or subsequent appearance
1.13
There are
two alternatives with respect to bail applications on third or subsequent
appearance. Either a defendant wishes to make a first full bail application, or
they wish to make a limited bail application based on material not considered
previously by the Court.
First full bail application on a third or subsequent appearance
1.14
The Defence
shall inform the Prosecution that they intend to make a full bail application at
the next appearance. If the Prosecution
maintains the position stated on Form1A,
there is no requirement for a new Form 1A to be submitted. The Prosecution shall inform the Court and Defence
that no further Form 1A will be filed.
Alternatively, the Prosecution shall complete a new Form 1A in PDF
format, file it with the Court and serve it on the defendant no later than three
working days before the hearing.
1.15
The Defence
shall complete Form 1B in PDF format, file it with the Court and serve it on the
Prosecution by e-mail no later than one working day before the next hearing.
1.16
Where a first
full bail application is to be made other than at the next scheduled hearing, the
Defence shall complete Form 1B in PDF format, file it with the Court and serve
it on the Prosecution by e-mail at the earliest opportunity. If the Prosecution
maintains the position stated on Form1A, there is no requirement for a new Form
1A to be submitted. The Prosecution
shall inform the Defence and Court that no further Form 1A will be filed.
Alternatively, the Prosecution shall complete a new Form 1A in PDF format, file
it with the Court and serve it on the defendant no later than two working days
after receipt of Form 1B. The Court will fix a hearing date as soon as
practicable and notify the parties.
Limited bail application on third or
subsequent hearing
1.17
The
Defence shall complete Form 2A (Appendix B) in PDF format, file it with the
Court and serve it on the Prosecution no later than three working days before the
next hearing.
1.18
The
Prosecution shall complete Form 2B (Appendix B) in PDF format, file it with the
Court and serve it on the Defence no later than one working day before the
hearing.
1.19
Where the
application is to be made other than at the next scheduled hearing, the Defence
shall complete Form 2A in PDF format, file it with the Court and serve it on
the Prosecution by e-mail at the earliest opportunity. The Prosecution shall
complete Form 2B in PDF format, file it with the Court and serve it on the Defence
no later than two working days after receipt of Form 2A. The Court will fix a
hearing date as soon as practicable and notify the parties.
2
Application
to vary bail conditions
2.1
The
Defence or the Prosecution may apply to the Court to vary bail conditions. The Applicant
shall complete Form 3A (Appendix C) in PDF format, file it with the Court and serve
it on the Respondent by e-mail at the earliest opportunity. Where the
application is to be made at the next scheduled hearing, the application shall
be filed with the Court no later than three working days before that hearing.
2.2
The Respondent
shall complete Form 3B (Appendix C) in PDF format, file it with the Court and serve
it on the Applicant no later than one working day before the scheduled hearing.
2.3
Where the application
is to be made other than at the next scheduled hearing, the parties shall
indicate on their respective Forms whether or not they request a hearing. Where
no hearing is requested by either party, the application will be considered on
the papers unless the Court directs otherwise.
The parties will be informed of the Court’s decision. The Greffier will
provide the parties with amended bail conditions as necessary.
2.4
Where the Court
directs that the application is to be considered at a hearing, the Greffier
will arrange a hearing as soon as practicable.
3
Security
3.1
The Court
may, as a condition of bail, require a defendant to provide a security for
their surrender to custody.
3.3
The
Prosecution shall complete Form 1A or Form 2A (as necessary) and Form 4B
(Appendix D), in PDF format, file them with the Court and serve them on the
defendant via e-mail no later than one working day before the Court hearing.
3.4
Where a
defendant wishes the application to be heard before the next scheduled hearing,
the Greffier will fix a hearing as soon as practicable and notify the parties.
Payment
of security
3.5
The security
shall be deposited with the Viscount before the defendant can be released from
the custody of the Court. Under Article 12(2) of the Bail Law the sum may be paid
by the defendant or by someone else on the defendant’s behalf.
4
Surety
4.1
A
defendant may propose a person to stand as surety to secure the defendant’s
surrender to custody. The Court will
consider the suitability of the proposed individual to stand as the defendant’s
surety; the surety will be required to attend a Court hearing.
4.2
Where a
defendant wishes to apply for bail subject to surety
they shall complete Form 1B (full bail application) or Form 2B (limited bail
application) and Form 5A (Appendix E). Forms are to be completed in PDF format,
filed with the Court and served on the Prosecution via e-mail at the earliest
opportunity.
4.3
The
Prosecution shall, within two days of receipt of the application, provide the
Court and the defendant an estimate of how long their enquiries are likely to take in relation to the individual proposed as
surety. The Court will fix a hearing date and will give directions for filing
and service of either Form 1A or Form 2B
(as appropriate) and Form 4B in PDF format by the Prosecution. The hearing
shall be attended by the parties and the surety.
4.4
Where a
defendant wishes the application to be heard before the next scheduled hearing,
the Greffier will fix a hearing as soon as practicable and notify the parties.
4.5
The Court
will consider the suitability of the proposed surety under Article 12(3) of the
Bail Law. If the surety is approved, the Court will fix the sum by which the
surety is bound. The surety must attend the hearing and confirm to the Court
that their legal responsibilities are understood and agreed.
5
Appeal
against grant of bail
5.1
Where bail
is granted after it has been opposed by the Prosecution, there is a right of
appeal under Article 15 of the Bail Law. The Prosecution shall:
a)
give oral
notice of appeal to the Court at the conclusion of the proceedings in which
bail has been granted and before the defendant is released from custody; and
b)
complete a
written Notice of Appeal (Form 6, Appendix F) and serve it on the Magistrate
and on the defendant within 2 hours of the conclusion of the proceedings.
5.2
The
Greffier will notify the Royal Court of a potential appeal as soon as oral
notice has been given and will submit the written notice from the Prosecution when
received.
5.3
The appeal
will be heard by the Royal Court at the earliest opportunity. The Court will
remand the defendant in custody until the appeal is determined or otherwise
disposed of.
5.4
If the Prosecution
fails to serve written notice on the Magistrate and on the defendant within the
prescribed time limit, the appeal shall be deemed to have been disposed of and
the defendant will be released on bail as previously directed.
Appendix
A
Prosecution
Position on Bail

Magistrate’s Court of Jersey
FORM 1A : PROSECUTION POSITION ON
BAIL
AG v …………………………..
|
CASE DETAILS
|
Prosecutor
………………………….
|
Defence
Advocate ………………….
|
PROSECUTION POSITION
|
1. Is
bail opposed? Yes No
|
2. If bail is opposed, what exceptions
are relied upon by the Prosecution?
Pursuant
to Schedule 1 Paragraph 1 of the Bail Law, there is a substantial risk that
the Defendant would:
a) Fail to surrender to custody
b) Commit an offence on bail
c) Interfere with witnesses / obstruct justice
|
The
Prosecution submits the following support the risks above
|
·
Nature
and seriousness of offence or default
|
|
·
The Defendant’s
character and antecedents, associations, and community ties
|
|
·
The
Defendant’s previous history of complying with bail
|
|
·
The
strength of the evidence against the Defendant (other than where the case is
adjourned for inquiries or a report)
|
|
·
The risk
that the Defendant may engage in conduct that would, or would be likely to,
cause physical or mental harm to any person other than the Defendant
|
|
·
Other
relevant considerations
|
|
Pursuant to Schedule 1 at paragraphs 2 – 6 of the Bail Law, the
Prosecution submits that bail should be denied
|
Para 2. For the Defendant’s own protection or welfare (welfare -
in the case of under 18s only)
|
|
Para 3. To facilitate the obtaining of information relevant to
bail
|
|
Para 4. So that necessary inquiries can be made, or a necessary
report can be prepared
|
|
Para 5. Because the Defendant is convicted of an offence
punishable with imprisonment and is awaiting sentence
|
|
Para 6. Because the Defendant is in custody serving sentence of
imprisonment
|
|
3. Bail conditions
|
If you consider that bail conditions may address the above risks,
what bail conditions do you propose?
|
1.
Residence
at
|
|
2.
Curfew
between …. p.m. and …. a.m.
|
|
3.
Report
to Police Headquarters every………
|
|
4.
Not
enter any licensed premises except shops that sell food
|
|
5.
Not
purchase and/or consume any alcohol
|
|
6. No contact, direct or indirect, with:
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
|
|
7. Not leave the Island or attempt to
leave the Island without the Court’s permission
|
|
8. Surrender passport/driving
licence/other photographic identity
|
|
9. Not apply for any such
passport/driving licence/other
|
|
10. Not drive or ride any motor vehicle
|
|
11. Not own, possess, or use any device
capable of accessing the internet
|
|
12. Not have contact with any child under
the age of 16 years unless that child is accompanied by a responsible adult
|
|
13. Wear an electronic monitoring device
and comply with all instructions
|
|
14. Other
|
|
Signed:……………………………… (Prosecutor)
Date:…………………………………
|

Magistrate’s Court of Jersey
FORM 1B : BAIL
APPLICATION
|
CASE DETAILS
|
Full
name of Defendant
|
|
Defence
Advocate
|
|
Contact
details of Defendant if not represented
|
Mobile
phone number ………………………………
E-mail
address ………………………………
Current
address ………………………………
…………………………………………………………
…………………………………………………………
|
Offence(s)
|
Date
of next hearing
|
|
Court bail history (if applicable) – Give brief details of each relevant
previous bail decision by the Court (including the date(s)).
|
Proposed bail condition(s)
|
1.
Live at the following address………………….
|
|
2. Curfew between …. p.m. and …. a.m.
|
|
3. Report to Police Headquarters, La Route du
Fort, St Helier every………
|
|
4. Not enter any licensed premises except shops
that sell food
|
|
5. Not purchase and/or consume any alcohol
|
|
6. Not have any contact, direct or indirect,
with ………
|
|
7. Not go to/within/enter ……..
|
|
8. Not leave the Island or attempt to leave the
Island without the Court’s permission
|
|
9. Surrender my passport/driving licence/other
photographic identity document to the Viscount
|
|
10. Not drive or ride any motor vehicle
|
|
11. Not have contact with any child under the age
of 16 years unless that child is accompanied by a responsible adult
|
|
12. Other
|
|
Proposed Bail Address
(a) Address of
Property
(b) Owner
(c) Contact details
(d) Names of other
person(s) residing at the property
|
Signed:………………………………… (Defendant /
Advocate)
Date:……………………………………
|
Appendix
B
Limited
Bail Application

Magistrate’s Court of Jersey
FORM 2A : LIMITED BAIL APPLICATION
|
CASE DETAILS
|
Full
name of Defendant
|
|
Defence
Advocate
|
|
Contact
details of Defendant if not represented
|
Mobile
phone number ………………………………
E-mail
address ………………………………
Current
address ………………………………
…………………………………………………………
…………………………………………………………
|
Offence(s)
|
Date
of next hearing
|
|
Court bail history
Date of last bail application: ……………………………
|
Matters not previously heard by the Court. What do you say has changed between the last bail
application and this one? How is this relevant to the grounds on which bail
was previously refused?
|
Legal arguments not previously heard by the Court. What legal arguments which have not been before the Court
do you want to bring to the attention of the Court? How are these relevant to
the grounds on which bail was previously refused?
|
Proposed bail condition(s)
|
1.
Live at the following address………………….
|
|
2. Curfew between …. p.m. and …. a.m.
|
|
3. Report to Police Headquarters, La Route du
Fort, St Helier every………
|
|
4. Not enter any licensed premises except shops
that sell food
|
|
5. Not purchase and/or consume any alcohol
|
|
6. Not have any contact, direct or indirect,
with ………
|
|
7. Not go to/within/enter ……..
|
|
8. Not leave the Island or attempt to leave the
Island without the Court’s permission
|
|
9. Surrender my passport/driving licence/other
photographic identity document to the Viscount
|
|
10.
Not
drive or ride any motor vehicle
|
|
11.
Not have
contact with any child under the age of 16 years unless that child is
accompanied by a responsible adult
|
|
12.
Other
|
|
Residence details – if different from previous proposed bail
address
Address: …………………………………………………………………………
Owner……………………………………………………………………………
Contact details of
owner ………………………………………………………..
Names of other
person(s) residing at the property …………………………….
…………………………………………………………………………..
|
Signed:………………………………… (Defendant /
Advocate)
Date:……………………………………
|

Magistrate’s Court of Jersey
FORM 2B : RESPONSE TO LIMITED BAIL
APPLICATION
AG v …………………….
|
CASE DETAILS
|
Prosecutor
……………………………….
|
Defence
Advocate………………………..
|
Has
the Prosecution changed its position from that stated in Form 1A, and if so,
how?
|
Yes
No
|
Signed:……………………………… (Prosecutor)
Date:…………………………………
|
Appendix
C
Application
to vary bail conditions

Magistrate’s Court of Jersey
FORM 3A : APPLICATION TO VARY BAIL
CONDITIONS
|
CASE DETAILS
|
Prosecutor
……………………………….
|
Full
name of Defendant ………………
|
Defence
Advocate …………………….
|
Contact details of Defendant if not
represented
|
Mobile phone number ………………………………
E-mail address ………………………………
Current address ………………………………
…………………………………………………………
…………………………………………………………
|
Offence(s)
|
Date
of next hearing
|
|
Court bail history (if applicable) – Give brief details of each relevant
previous bail decision by the Court (including the date(s)).
|
1. Reasons for this application.
(a) What bail condition(s)
are you seeking to vary?
(b) Why are you seeking
to vary the bail condition(s)?
(c) What assurance(s) can be provided to the Court
that this variation will not raise a risk of failure to surrender to custody,
or commission of an offence on bail, or interference with witnesses /
obstruction of justice?
|
2. Proposed condition(s) of bail.
|
1.
Residence
at ………………………………………….
|
|
2.
Curfew
between the hours of …. p.m. and …. a.m.
|
|
3.
Report
to Police Headquarters every………
|
|
4.
Not
enter any licensed premises except shops that sell food
|
|
5.
Not
purchase and/or consume any alcohol
|
|
6. No contact, direct or indirect, with:
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
|
|
7. Not leave the Island or attempt to
leave the Island without the Court’s permission
|
|
8. Surrender passport/driving
licence/other photographic identity
|
|
9. Not apply for any such
passport/driving licence/other
|
|
10. Not drive or ride any motor vehicle
|
|
11. Not own, possess, or use any device
capable of accessing the internet
|
|
12. Not have contact with any child under
the age of 16 years unless that child is accompanied by a responsible adult
|
|
13.
Wear an
electronic monitoring device and comply with all instructions
|
|
14. Other
|
|
3. I wish the Court to decide this application:
At a hearing
On the papers
The Court may determine an application to vary a bail condition
without a hearing if the parties agree.
|
Signed:……………………………… (Applicant /
Advocate)
Date:…………………………………
|

Magistrate’s Court of Jersey
FORM 3B : RESPONSE TO APPLICATION TO
VARY BAIL CONDITIONS
|
CASE DETAILS
|
Prosecutor
…………………………
|
Full
name of Defendant ……………………….
|
Defence
Advocate……………………………….
|
Contact
details of Defendant if not represented
|
Mobile
phone number ………………………………
E-mail
address ………………………………
Current
address ………………………………
…………………………………………………………
…………………………………………………………
|
If the application to vary bail is opposed, set out your reasons:
|
I wish the Court to decide this application:
At a hearing
On the papers
The Court may determine an application to vary a bail condition
without a hearing if the parties agree.
|
Signed:……………………………… Respondent
Date:…………………………………
|
Appendix
D
Proposal
for Security

Magistrate’s Court of Jersey
FORM 4A : SECURITY PROPOSAL
|
CASE DETAILS
|
Prosecutor
……………………………………….
|
Full
name of Defendant ………………………….
|
Defence
Advocate ……………………………….
|
1. What amount of security do you propose? £…………
|
1.
Who do
you propose pay this amount? If a third party please provide their: name;
contact details; and connection with you.
|
2.
What is
the source of the funds?
|
4.
Where are the funds currently held?
|
Signed: ………………………………………(Defendant or Advocate)
Date: ………………………………………...
|

Magistrate’s Court of Jersey
FORM 4B : RESPONSE TO SECURITY PROPOSAL
|
CASE DETAILS
|
Prosecutor
…………………………………..
|
Full
name of Defendant ……………………..
|
Defence
Advocate …………………………..
|
If the Security is
opposed set out your reasons:
|
Signed: ………………………………………(Prosecutor)
Date: ………………………………………...
|
Appendix
E
Proposal
for Surety

Magistrate’s Court of Jersey
FORM 5A : SURETY PROPOSAL
|
CASE DETAILS
|
Prosecutor
……………………………………..
|
Full
name of Defendant ………………………..
|
Defence
Advocate ………………………………
|
Details
of Surety proposed
|
1. Full name
|
|
2.
Date of birth
|
|
3.
Address
|
Post
Code:
|
4.
Contact details
|
Mobile
phone ……………………………………..
E-mail ……………………………………..
|
5.
Connection of the Surety with you
|
|
6.
Amount proposed
|
£……………….
|
7.
Where are the funds currently held?
|
|
8.
What is the source of the funds?
|
|
9.
What connections does the proposed Surety have to Jersey?
|
|
Signed: ………………………………………(Defendant/Advocate)
Date: ………………………………………...
|

Magistrate’s Court of Jersey
FORM 5B : RESPONSE TO SURETY PROPOSAL
|
CASE DETAILS
|
Prosecution
|
Full
name of Defendant
|
Defence
Advocate
|
1. Is the Surety opposed?
Yes No
|
2.
What enquiries were made in relation to the suitability of the Surety?
|
3.
What was the outcome of the enquiries?
|
4.
What are the reasons for opposing the Surety?
|
Signed: ………………………………………(Prosecutor)
Date: ………………………………………...
|
Appendix
F
Appeal
against Magistrate’s grant of bail

Magistrate’s Court of Jersey
FORM 6 : APPEAL
AGAINST GRANT OF BAIL
|
CASE DETAILS
|
Prosecution
|
|
Full
name of Defendant
|
|
Defence
Advocate
|
|
Offence(s)
|
Oral notice
The Prosecution (Advocate / Legal Adviser) …………………………
today gave
oral notice of appeal at …………….a.m. / p.m. against the grant of bail.
|
Grounds of Appeal:
|
Signed:……………………………… Prosecutor
Date:…………………………………
|
COURT USE ONLY
Received by the Greffier
at …………………………hours.
Signed ……..……………………….
Greffier Substitute
Date ……………………………
|