Criminal
Procedure (Bail) Rules 2019
1 Interpretation
(1) In
these Rules, “Law” means the Criminal Procedure (Bail) (Jersey) Law 2017.
(2) Rules 1/3, 1/4 and 1/5 of the Royal Court Rules 2004 apply with respect to any
period fixed by these Rules, with any reference to the “the Court and the
Viscount” in that Rule 1/5 to be read as a reference to a court within the
meaning of Article 1(1) of the Law.
Forfeiture of security
2 Form of application to
show reasonable excuse
The prescribed form for an application under Article 13(4) of
the Law (to show that the defendant had a reasonable excuse for his or her
failure to surrender to custody) is set out in Schedule 1.
Sureties
3 Address for service
(1) A person who agrees to stand as surety
under Article 12 of the Law must, before the person is approved by the
court as a surety, provide an address for service in Jersey to that court.
(2) A surety may change his or her address for
service in Jersey by providing the new address to that court.
4 Form and content of
summons
The prescribed form and
content for a summons of a surety under Article 14(2) or (3) of the
Law (for the surety to appear before the court to show cause as to why he or
she should not be required to pay the amount in which he or she is bound) is
set out in Schedule 2.
5 Service of summons
(1) Subject to an order of the court, a summons
of a surety under Article 14(2) or (3) of the Law may be served on the
surety by –
(a) leaving it at the most
recent address for service provided by the surety under Rule 3;
(b) posting it to that
address;
(c) emailing it, or otherwise
sending it electronically, to the surety, if the surety has agreed to receiving
it by email or other electronic means; or
(d) leaving it with the
surety.
(2) A summons served by post under paragraph (1)(b)
is deemed to have been served on the second day after the day on which it was
posted, with that second day to be determined without taking into account any
days on which there is no collection or delivery of letters.
6 Timing of service
A summons must be served under Rule 5 at least 4 clear days
before the day on which the surety is required to appear before the court.
7 Declaration that
summons is invalid
The court summoning the surety to appear before it may declare that
a summons is invalid if it has not been served in accordance with these Rules.
8 Setting aside order
made in absence of surety
(1) If, in the absence of a surety, a court
makes an order under Article 14(6) of the Law that an amount shall be
forfeited, the surety may apply to the court to have the order set aside.
(2) The application must be supported by an
affidavit stating the reasons on which the applicant relies to have the order
set aside.
(3) The court may set aside the order if the
court is satisfied that it is in the interests of justice to do so.
9 Recovery of forfeited
amount
(1) An order, made under Article 14(6) of
the Law, that an amount shall be forfeited authorises the Viscount –
(a) to distrain on the
movables of the surety including, subject to paragraph (2), by arrest on
the surety’s wages; and
(b) to apply the movables, or
the proceeds from their sale (at a public auction or a valuation), towards satisfying
the amount that is forfeited and the costs incurred by the Viscount.
(2) If the court makes an order under Article 14(6)
of the Law that an amount shall be forfeited, the court must either –
(a) establish the maximum
weekly amount that may be the subject of an arrest on the surety’s wages; or
(b) direct that no arrest of
the surety’s wages may take place.
(3) A sale of the distrained movables may take
place without the leave of the court if the Viscount is satisfied that the
surety is aware of the making of the distraint.
(4) If the Viscount is not satisfied that the
surety is aware of the making of the distraint –
(a) the leave of the court
must be obtained for the sale of the distrained movables; and
(b) unless the court directs
otherwise or the surety requests otherwise, the sale must not take place before
the expiration of 15 days after the day on which the court grants leave
for the sale.
(5) The Viscount must, in respect of any
proposed sale of the distrained movables, ensure that –
(a) notice of the name and
address of the surety and of the proposed sale of the distrained movables is
published in the Jersey Gazette not less than 10 days before the date
fixed for the sale; and
(b) notice of the place and
date fixed for the sale and of all particulars relating to it is published in
the Jersey Gazette not less than 2 days before that date.
(6) If the information referred to in paragraph (5)(b)
is not published at the same time as the information referred to in paragraph (5)(a),
the name and address of the surety must be included as part of the notice
referred to in paragraph (5)(b).
Certification of copies of decisions to grant bail
10 Certification by Judicial
Greffier
A copy of the part of the decision of a court to grant a defendant
bail which relates to the time and place appointed for the defendant to
surrender to custody is certified for the purposes of Article 20(6) of the
Law if the Judicial Greffier, after comparing the copy to the part of the
decision –
(a) sets out the name of the defendant on the
copy;
(b) affirms in writing on the copy that it is a
true copy of that part of the decision; and
(c) signs and dates the copy.
Citation and coming into force
11 Citation and commencement
These Rules may be cited as the Criminal Procedure (Bail) Rules 2019
and come into force 7 days after the day on which the Criminal Procedure (Bail) (Jersey) Law 2017 (Appointed Day) Act 201- is
passed.