Court of Appeal
(Criminal) Rules 1964
THE COURT OF APPEAL AND THE SUPERIOR NUMBER OF
THE ROYAL COURT, sitting together, in
pursuance of Article 40 of the Court of Appeal (Jersey)
Law 1961, and of all
other powers enabling them in this behalf, have made the following Rules
–
Commencement
[see endnotes]
1 Interpretation
(1) In
these Rules, unless the context otherwise requires –
“appeal” and
“application” mean respectively an appeal and an application under Part 3
of the Law;
“conviction”
includes any conviction by the Royal Court in any criminal or quasi-criminal
proceedings, whether on indictment or otherwise;
“Court” means
the Court to which an appeal lies;
“court of trial”
means the court from the conviction before which or from the sentence of which
a person desires to appeal;
“Law” means
the Court of Appeal
(Jersey) Law 1961.
(2) In
these Rules, any reference to a single judge shall, in relation to appeals to the
Superior Number of the Royal Court, be construed as a reference to the Bailiff
or the Deputy Bailiff.
1A Reckoning
periods of time[1]
(1) Any
period of time fixed by rules of court or by any judgment, order or direction
for doing any act in relation to any criminal or quasi-criminal matter within
the jurisdiction of the Court of Appeal shall be reckoned in accordance with
this Rule.
(2) When
the act is required to be done within a specified period after or from a
specified date, the period begins immediately after that date.
(3) When
the act is required to be done within or not less than a specified period
before a specified date, the period ends immediately before that date.
(4) When
the act is required to be done a specified number of clear days before or after
a specified date, at least that number of days must intervene between the day
on which the act is done and that date.
(5) If,
apart from this paragraph, the period in question, being a period of
7 days or less includes a Saturday, Sunday, public holiday or bank
holiday, Christmas Day or Good Friday, that day is excluded.
(6) In
paragraph (5) “public holiday” and “bank holiday”
mean, respectively, a day appointed to be observed as a public holiday or as a
bank holiday under the Public
Holidays and Bank Holidays (Jersey) Law 1951.
2 Forms
The Forms set out in the Schedule,
or Forms as near thereto as circumstances permit, shall be used in all cases to
which such Forms are applicable, and a Form referred to by number in these Rules
means the Form so numbered in the Schedule.
3 Notice to appeal
(1) A
person who desires to appeal or to make application for leave to appeal or for
extension of the time within which under the Law notice of appeal or notice of
application for leave to appeal is to be given, shall begin his or her appeal
or application by sending to the Judicial Greffier the requisite notice of
appeal or notice of application in whichever of Forms 1 or 2 is applicable, and
the Judicial Greffier shall forthwith send a true copy of such notice to the
Attorney General.
(2) Every
such notice shall be in writing and shall be signed by the appellant or
applicant or by his or her advocate.
4 Application for leave
(1) Where
the Court has, on a notice of application for leave to appeal, given an
applicant leave to appeal, it shall not be necessary for the applicant to lodge
any notice of appeal, but the notice of application for leave to appeal shall
in such case be deemed to be a notice of appeal.
(2) Where
the notice of application for extension of time within which to appeal is sent
to the Judicial Greffier, there shall be sent with the notice of application a
notice of appeal or notice of application for leave to appeal duly completed.
5 Particulars
Substantial particulars
of misdirection or of other objection to the summing up must be set out in the
notice of appeal or notice of application for leave to appeal, even if the
transcript of the shorthand note of the trial has not yet been obtained.
6 Time to appeal after conviction
The time within which a person
convicted shall give notice of appeal or notice of application for leave to
appeal against his or her conviction shall commence to run from the day on
which the verdict was returned, whether the court of trial passed sentence or
pronounced final judgment on the person on that day or not.
7 Time to appeal after sentence
The time within which a person
convicted and sentenced shall give notice of application for leave to appeal
against sentence shall commence to run from the day on which such sentence was
passed on the person by the court of trial.
8 Abandonment of appeals
(1) An
appellant or applicant at any time after he or she has duly sent to the
Judicial Greffier any notice under Rule 3(1) may abandon his or her appeal or
application by giving to the Judicial Greffier notice of such abandonment in
Form 3, and on such notice being given the appeal shall be deemed to have been
dismissed by the Court.
(2) Where
no appearance is made by or on behalf of an appellant or applicant on the
calling on of his or her appeal or application and where no case or argument in
writing has been lodged at the time of such calling on, the Court shall dispose
of the appeal or application as if it had been abandoned by the appellant or
applicant.
9 Certificate of judge who presided at the trial
(1) The
certificate of the judge who presided at the trial that the case is one fit for
appeal may be in Form 4.
(2) The
judge who presided at the trial may, in any case in which the judge considers
it desirable so to do, inform the person convicted before him or her that the
case is in the judge’s opinion fit for appeal under Article 24(1)(b)
of the Law, and may give to such person a certificate to that effect in
Form 4.[2]
10 [3]
11 Appeals where fine only inflicted
(1) Where
a person has, on his or her conviction, been sentenced to payment of a fine
and, in default of payment, to imprisonment, the person lawfully authorized to
receive the fine shall, on receiving the same, retain it until the
determination of any appeal in relation thereto.
(2) A
person sentenced to payment of a fine who remains in custody in default of
payment of the fine shall be deemed, for all purposes of the Law and of these Rules,
to be a person sentenced to imprisonment.
(3) Where
any person who has been convicted and thereupon sentenced to the payment of a
fine and, in default of such payment to imprisonment intimates to the court of
trial that he or she desires to appeal against his or her conviction either on
grounds of law alone, or, with the certificate of the judge who presided at the
trial, on any grounds mentioned in Article 24(1)(b) of the Law, the court
of trial may order such person forthwith to give an undertaking (which may be
in Form 5), and give or find security, in such amount as the court of
trial thinks fit, to prosecute his or her appeal; and, subject thereto, may order
that payment of the fine shall be made after the final determination of the
appeal, if the same be dismissed.[4]
(4) An
appellant who has been sentenced to the payment of a fine and has paid the same
in accordance with the sentence shall, in the event of his or her appeal being
successful, be entitled, subject to any order of the Court, to the return of
the sum or any part thereof so paid by the appellant.
(5) If
an applicant to whom paragraph (3) applies does not within 28 days
from the date of his or her conviction and sentence send to the Judicial
Greffier in accordance with these Rules a notice of appeal on grounds of law
alone or, with the certificate of the judge who presided at the trial, on any
grounds mentioned in Article 24(1)(b) of the Law, the Judicial Greffier
shall report such omission to the court of trial, which may, after notice has
been given to the appellant and his or her sureties, if any, order the
forfeiture of the security given or found and may order the apprehension of the
appellant and commit him or her to prison in default of payment of his or her
fine, or make such other order as it thinks fit.[5]
12 Exhibits
(1) All
documents and exhibits produced at a trial or other proceeding in relation to
which an appeal or application may lie, shall be retained by the Judicial
Greffier for the period of 30 days after the day on which such trial or
other proceeding is determined unless the court of trial otherwise directs, in
which case it may make such order as it thinks fit for the custody, disposal,
inspection or production of such documents or exhibits or of any part thereof.[6]
(2) Where
no notice under Rule 3(1) is lodged within the said period of
30 days, all such documents and exhibits shall be returned to the person
who produced them, subject to any order as to destruction or forfeiture or
re-vesting or restitution of property which may have been made by the court of
trial.[7]
13 Copies of documents and exhibits
(1) An
appellant’s advocate may obtain from the Judicial Greffier, on payment,
copies of any document or exhibit in the Judicial Greffier’s custody for
the purposes of an appeal.
(2) Where
an advocate is assigned to an appellant by the Bâtonnier, copies of any
documents or exhibits which such advocate may request the Judicial Greffier to
supply shall without charge be supplied unless the Judicial Greffier thinks
that they are not necessary for the purposes of the appeal.
(3) Where
an appellant who is not legally represented requires from the Judicial Greffier
a copy of any document or exhibit in the Judicial Greffier’s custody for
the purposes of the appellant’s appeal, the appellant may obtain it free
of charge if the Judicial Greffier thinks, under all the circumstances, that it
is desirable or necessary to supply the same to the appellant.
14 Record of proceedings at trial[8]
For the purposes of Article 42
of the Law, “proceedings at the trial” includes the decision of the
court of trial on any objection to the indictment and, in relation to any
challenge of jurors, the evidence adduced at the trial and any objections taken
in the course thereof, with the decision of the court of trial thereon, the
summing up, the verdict and the sentence of the court of trial, but, unless
otherwise ordered by the court of trial, shall not include any part of the
speeches for the prosecution or defence, unless an objection be taken during
any such speech.
15 Proceedings before a single judge
(1) When
any power of the Court has been exercised by a single judge under Article 41
of the Law, the Judicial Greffier shall notify the appellant or applicant of
the decision in Form 6 and, in the event of the judge refusing all or any
of the applications made to the Judicial Greffier, the Judicial Greffier on
notifying such refusal to the appellant or applicant shall forward to the
appellant or applicant Form 7.
(2) If
the appellant or applicant desires to have his or her application determined by
the Court as duly constituted for the hearing of appeals, he or she, or his or
her advocate, shall complete and return the said Form 7 to the Judicial
Greffier within 5 days from the date of the notification of such refusal
and, if the Form is not completed and returned within the said period of 5 days,
the refusal of the application by such judge shall be final and conclusive.[9]
(3) [10]
(4) [11]
(5) For
the purpose of constituting a Court, the judge who has refused any such
application may sit as a member of such Court and take part in determining such
application.
16 Supplemental powers of court
(1) Where
the Court has made an order directing any witness to attend and be examined
before the Court or before any other person appointed by the Court for the
purpose under Article 34 of the Law, a notice in Form 9 shall be
served on such witness specifying the time and place at which to attend for
such purpose.
(2) Such
order may be made on the application at any time of the Attorney General or the
appellant, but if the appellant is in custody and not legally represented the
application shall be made by the appellant in Form 10.
(3) Where
the examination of any witness is to be conducted otherwise than before the
Court itself, such order shall specify the person appointed as examiner to take
such examination and the witness or witnesses to be examined thereat.
(4) The
Judicial Greffier shall furnish to the person appointed to take such
examination any documents or exhibits and any other material relating to the
appeal as and when requested to do so and, after the examination has been
concluded, the examiner shall return to the Judicial Greffier all such
documents and exhibits and other material, together with any depositions taken
by the examiner under this Rule.
(5) The
examiner shall give notice of the time and place for the examination to the
Attorney General and the appellant and his or her advocate, if any, and shall
cause to be served on every witness to be examined a notice in Form 9, and
such notice shall be deemed to be an order of the Court on such witness to
attend at the time and place specified therein.
(6) Every
witness examined before an examiner under this Rule shall give evidence on oath
to be administered by the examiner, except where any such witness, if the
witness were giving evidence as a witness on a trial on indictment, would not
need to be sworn.
(7) The
evidence of any witnesses ordered to attend and be examined before the Court or
before any other person appointed by the Court for the purpose shall be taken
in accordance with the existing law and practice regulating the taking of
evidence in criminal trials in Jersey.
(8) The
Attorney General and the appellant or his or her advocate shall be entitled to
be present at and take part in any examination of any witness to which this Rule
relates.
(9) When
an order of reference is made by the Court under Article 34(d) of the Law,
the question to be referred and the person to whom as special commissioner the
same is referred shall be specified in such order, and the Court may in such order,
or by giving directions as and when it from time to time thinks
fit –
(a) specify
whether the Attorney General or the appellant or any person on their behalf may
be present at any examination or investigation or at any stage thereof as may
be ordered under Article 34(d) of the Law;
(b) specify
any and what powers of the Court under the Law or these Rules may be delegated
to such special commissioner;
(c) require
the special commissioner from time to time to make interim reports to the Court
on the question referred to him or her under Article 34(d) of the Law;
(d) if
the appellant is in custody, give leave to him or her to be present at any
stage of such examination or investigation; and
(e) require
the Judicial Greffier to furnish copies of any report made by such special
commissioner to the Attorney General and to the appellant.
(10) The
Court may, at any stage of an appeal, whenever it thinks it necessary or
expedient in the interest of justice so to do, on the application of the Attorney
General or the appellant, order any person having the custody or control of any
document, exhibit or other thing connected with the proceedings to produce the
same to the Judicial Greffier or before the Court.
(11) Service
of any order made under this Rule shall be personal service, unless the Court
otherwise orders, and shall be effected through the medium of the
Viscount’s Department.
17 Notifications regarding appeals
(1) [12]
(2) On
the final determination of an appeal, the Judicial Greffier shall, if the
appellant is in custody and has not been present at such final determination,
give notice of such determination in Form 11 to the appellant.[13]
18 Notice of decision
When the Court has heard
and dealt with any application, the Judicial Greffier shall give to the
appellant, if the appellant is in custody and has not been present at the
hearing of such application, notice of the decision of the Court in Form 8.
19 Miscellaneous provisions
(1) If
an appellant or an applicant for leave to appeal desires to present his or her
case and argument in writing instead of orally he or she shall state such case
or argument in his or her notice of appeal or notice of application for leave
to appeal.
(2) Unless
the Court otherwise allows, an appellant or an applicant for leave to appeal
who has presented his or her case and argument in writing shall not be entitled
to submit in addition an oral argument to the Court in support of the appeal or
application for leave to appeal.
20 Applications
Except where otherwise
provided in these Rules, any application to the Court may be made by the
appellant or by his or her advocate orally or in writing, but an appellant who
is represented and is in custody and is not entitled or has not obtained leave
to be present before the Court at proceedings preliminary or incidental to the
appeal, shall make any such application by forwarding the same in writing to
the Judicial Greffier, who shall take the proper steps to obtain the decision
of the Court thereon.[14]
21 Non-compliance with rules
(1) Non-compliance
with these Rules or with any rule of practice for the time being in force under
the Law shall not prevent the further prosecution of an appeal or application
if the Court or a judge thereof considers that such non-compliance was not
wilful and that the same may be waived or remedied by amendment or otherwise.
(2) The
Court or a judge thereof may in such manner as it or the judge thinks fit
direct the remedy of such non-compliance, and thereupon the appeal shall
proceed.
(3) The
Judicial Greffier shall forthwith notify to the appellant or applicant any
directions given by the Court or a judge thereof under this Rule, if the
appellant or applicant was not present at the time when such directions were
given.
22 Extension of time
The Court or a judge thereof
may extend the time appointed by these Rules or by any rule of practice for the
time being in force under the Law for doing any act or taking any proceeding.
23 Reference by Lieutenant-Governor[15]
When the
Lieutenant-Governor exercises his or her powers under Article 43(a) of the
Law and refers the whole case to the Court of Appeal, the petitioner whose case
is so dealt with shall be deemed to be for all the purposes of the Law or these
Rules a person who has obtained from the Court of Appeal leave to appeal, and
the Court of Appeal may proceed to deal with his or her case accordingly.[16]
24 Private consideration
Where the
Lieutenant-Governor refers a point to the Court of Appeal under Article 43(b)
of the Law, the Court of Appeal shall, unless it otherwise determines, consider
such point in private.[17]
25 Citation
These Rules may be cited
as the Court of Appeal (Criminal) Rules 1964.