Practice Direction - RC 15/06 - Royal Court Applications under Article 5(5) of the Sex Offenders (Jersey) Law 2010


RC 15/06



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.


Page Last Updated: 29 Apr 2015