ROYAL COURT OF JERSEY
RC 24/02
Discontinuance
of Criminal Proceedings
This Practice Direction sets out the
approach to be taken when a Notice of Discontinuance (“a/the Notice”) is issued
in respect of criminal proceedings pursuant to Article 80 of the Criminal
Procedure (Jersey) Law 2018.
Accordingly, this Practice Direction
should be read in conjunction with Article 80 and in conjunction with the
Magistrate’s Court Practice Direction- MC 23/02, Section 10.
To whom should the Notice be
sent?
1.
If, at
the time notice is given, the Defendant remains within the jurisdiction of the
Magistrate’s Court, the Notice shall be filed with the Magistrate’s Court Greffier and Defence Counsel, or the Defendant if the
Defendant is unrepresented.
2.
If, at
the time notice is given, the Magistrate has already directed that the
Defendant be sent to the Royal Court, the Notice shall be filed with the
Judicial Greffier (Samedi
Division). This shall be the case even
where a Defendant has not yet been indicted by the Royal Court.
3.
It
follows from this that where a Defendant is within the jurisdiction of the
Royal Court, following Indictment, but still within the preliminary stages of
the proceedings, the Notice shall be filed with the Judicial Greffier (Samedi Division),
Defence Counsel and the Defendant - if
unrepresented.
Procedure
to be followed subsequent to filing of Notice.
4.
PD
MC23-02 deals at paragraphs 10.1 –10.10 with the procedure to be followed in
the case of Notices filed with the Magistrate’s Court Greffier.
5.
In the
case of Notices filed with the Judicial Greffier, the
following procedure shall be adopted:
6.
Where the
Prosecution serves a Notice and the Defence does not serve notice that it wishes
the proceedings to continue (Article 80 (5)), the case will be recorded by the
Judicial Greffier as discontinued on the earlier of:
a)
Receipt
of notification that the Defence does not intend to serve notice that it wishes
the proceedings to continue (Article 80 (6A) (b)); or
b)
Fourteen
days after service of the Prosecution Notice.
Any notices served by the Defence or the
Defendant, under Article 80 (5) or notifications under Article 80 (6A) (b)
shall also be served on the relevant Greffier. If the
case is within the jurisdiction of the Royal Court, service should be via email
to: JGRSamedi@courts.je
7.
Where the
Defence notifies the Prosecution that it does not wish the proceedings to
continue, it shall indicate to the Prosecution whether it intends to apply for
costs.
8.
If the
application for costs is agreed, the Prosecution shall arrange for a Consent
Order to be signed by both parties and thereafter the question of costs will be
dealt with in the manner set out below.
9.
If the
proceedings are to continue, either because the Defence has given notice under
Article 80 (5), or because the Defendant faces other charges, the case will
remain listed for Indictment, or other appearance, as before.
10.
Where proceedings have already commenced
in the Royal Court and orders in respect of hearing dates or other matters have
been made, the Prosecution shall arrange for a Consent Order to be signed by
both parties to dispense with any outstanding orders or applications.
11.
This Consent Order will also deal with
the question of costs where costs are agreed (in respect of which, see below).
12.
The Royal Court will generally deal with
all such applications on the papers.
13.
Where the
Defendant is remanded in custody and all proceedings relating to the Defendant
have been discontinued, the Royal Court/Bailiff will serve upon the Prison
formal notification that the Defendant may be released. The Defendant shall not
be released until such notification has been received by the Prison.
Costs
on discontinuance
14.
Where
proceedings have been discontinued, the Royal Court may award costs following
the principles in Pritchard -v- AG [2021] JRC 199 and Reis-v-AG [2023] JRC
043. Unless a costs application is opposed, it will be dealt with on the
papers, following receipt of the Consent Order referred to in paragraphs 10 and
11 above. No such application will be necessary or appropriate if the Defendant
is legally aided.
15.
If the
Defence has served notice that it wishes the proceedings to continue under
Article 80 (5), or if the question of costs or any other matters are in
dispute, the parties shall fix a
hearing date before a Judge.
16.
Where the
Defence serves notice under Article 80 (5), any application for costs shall be
included within that notice.
17.
Upon
receipt of that notice, the Prosecution shall provide to the Royal Court in
writing any observations it has on the application, or notify the Royal Court
that it has no such observations.
This
Practice Direction shall come into force on 6 March 2024.