ROYAL COURT OF
JERSEY
RC 15/06
ROYAL COURT APPLICATIONS UNDER ARTICLE 5(5) OF THE SEX OFFENDERS (JERSEY)
LAW, 2010 (“the Law”)
The
following directions shall apply for applications pursuant to Article 5(5) of
the Law for notification requirements to be lifted, the relevant period
specified by the Court having expired.
(1)
Applications
shall be made by representation presented ex parte. The representation should be filed at
the Judicial Greffe (with a copy to the
Bailiff’s Judicial Secretary) and will be considered subsequently by the
Bailiff in chambers.
(2)
The
representation should set out all grounds upon which the applicant relies and
the relief sought and the prayer should include requests that:-
a. the application shall be heard in private (if
desired);
b. the Attorney General shall be convened to the
hearing of the application;
c. the parties shall attend on the
Bailiff’s Judicial Secretary to fix a date for the hearing of the
application by the Inferior Number of the Court;
d. the Police and the Probation Service shall
each file an updated report in connection with the applicant and the
application;
e. if required, specialist report(s) shall be
prepared and provide the name(s) of the specialist(s) to be instructed; and
f. there shall be liberty to apply.
(3)
Upon
consideration of the representation the Bailiff shall make such orders as he
thinks fit in relation to the procedural matters referred to above and shall
direct the Judicial Greffe to draw up an Act
accordingly. Following receipt of the Act, the applicant must serve the
proceedings on the Attorney General.
(4)
Updated
Police, Probation and any specialist reports shall be filed within such period
as shall be specified by the Bailiff (which will normally be six weeks from the
date of the order).
(5)
The
full hearing of the application shall be fixed at the attendance before the
Bailiff’s Judicial Secretary referred to at para
2(c) above for a date approximately ten weeks after the hearing in chambers.
(6)
The
applicant shall file his contentions two weeks before the date fixed for the
hearing.
(7)
The
Attorney General shall file his contentions one week before the date fixed for
the hearing.
(8)
The Judicial Secretary shall list the matter for hearing
in private but at the hearing, the first matter for consideration by the
Inferior Number will be whether the case should be heard in private or in
public.
(9)
If
held in private, the judgment of the Court will normally be published in anonymised form.
The
Practice Direction will take effect from 2nd February 2015.