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Covid-19 (Emergency Provisions – Courts) (Jersey) Regulations 2020

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

20.055.30

 

Showing the law from 15 October 2021 to Current

 




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Covid-19 (Emergency Provisions – Courts) (Jersey) Regulations 2020

THE STATES make these Regulations under Article 2 of the Covid-19 (Enabling Provisions) (Jersey) Law 2020 –

Commencement [see endnotes]

1        Interpretation

(1)     In these Regulations –

(a)     except in Regulation 7, a reference to the Bailiff includes a reference to the Deputy Bailiff or a Commissioner appointed under Article 10 of the Royal Court (Jersey) Law 1948;

(b)     in Regulations 6 and 8, a reference to a court includes any court, any tribunal or the Licensing Assembly (within the meaning of the Licensing (Jersey) Law 1974);

(c)     any other words and phrases that are defined in the Criminal Procedure (Jersey) Law 2018 have the same respective meanings as in that Law.

(2)     Nothing in these Regulations limits the inherent jurisdiction of the Royal Court.

2        Bailiff may determine certain matters sitting alone

(1)     This Regulation applies to all causes and matters before the Royal Court, civil, criminal and mixed, other than –

(a)     a trial;

(b)     the imposition of a sentence;

(c)     an appeal against sentence from the Inferior Number to the Superior Number; or

(d)     an appeal from the Magistrate’s Court under Article 33 of the Criminal Procedure (Jersey) Law 2018.[1]

(2)     Despite any other enactment, where this Regulation applies the Bailiff may sit alone to determine matters of both fact and law if the Bailiff considers that it is not appropriate to adjourn the cause or matter to be heard at a later date.

3        Quorum of the Superior Number

Despite any other enactment the Superior Number of the Royal Court is constituted by the Bailiff and not less than 3 Jurats.

4        Presence of members of the Royal Court

The Royal Court is duly constituted if the Bailiff and the required number of Jurats (if any) are present by way of a live television link, telephone or otherwise, and can follow and participate in the proceedings of the Court.

5        Variation of right to jury trial

(1)     This Regulation applies despite any other enactment whenever the Bailiff considers that at the time when a defendant’s case is expected to be ready for trial it is likely not to be practicable to assemble a jury.

(2)     Despite having elected under Article 48(2) of the 2018 Law to be tried by the Royal Court sitting with a jury the defendant may instead elect to be tried by the Inferior Number of the Royal Court sitting without a jury.

(3)     If the Royal Court has decided under Article 48(4) of the 2018 Law that the defendant should be tried by the Royal Court sitting with a jury but the Bailiff, having heard any submissions from the defence and the prosecution, considers that it is not appropriate to adjourn the case to be heard with a jury at a later date, the defendant must be tried by the Inferior Number of the Royal Court sitting without a jury.

(4)     In this Regulation “2018 Law” means the Criminal Procedure (Jersey) Law 2018.

6        Hearings by television link or other remote link

(1)     This Regulation applies where any court that is due to hear proceedings considers that it is not appropriate to adjourn the proceedings to be heard at a later date.

(2)     Despite any other enactment, the court may, after hearing representations from the parties, direct that any or all participants in the proceedings (including parties and their legal representatives and witnesses) be treated as being present at the proceedings if the participant is able to communicate with the court by way of a live television link, telephone or otherwise.

(3)     However, the defendant (in a criminal trial) must also be able to see and hear the court.

7        Licensing Assembly

Despite the Licensing (Jersey) Law 1974, the Licensing Assembly referred to in that Law –

(a)     is to consist of the Bailiff (or the Deputy Bailiff or Lieutenant Bailiff) and 2 Jurats; and

(b)     may deal with all applications under that Law on the papers without the need for a public hearing or any appearance or attendance by any person.

8        Proceedings may be recorded

It is permissible for the Judicial Greffier to make an audio or video recording of any proceedings of any court.

9        Citation, commencement and expiry

(1)     These Regulations may be cited as the Covid-19 (Emergency Provisions – Courts) (Jersey) Regulations 2020.

(2)     These Regulations come into force on the day after they are made and expire at the end of 30th April 2022.[2]

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

◦Projet No (where applicable)

Covid-19 (Emergency Provisions – Courts) (Jersey) Regulations 2020

R&O.45/2020

23 April 2020

P.41/2020

Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 2020

R&O.115/2020

30 September 2020

P.103/2020

Covid-19 (Amendments – Extension and Suspension) (Jersey) Regulations 2021

R&O.52/2021

29 April 2021

P.25/2021

Criminal Procedure (Consequential and Supplementary Amendments) (Jersey) Regulations 2021

R&O.94/2021

1 October 2021

P.59/2021

Covid-19 (Amendments – Further Extensions) (Jersey) Regulations 2021

R&O.127/2021

15 October 2021

P.84/2021

◦Projets available at statesassembly.gov.je

Table of Endnote References



[1] Regulation 2(1)           amended by R&O.94/2021

[2] Regulation 9(2)           amended by R&O.115/2020, R&O.52/2021, R&O.127/2021


Page Last Updated: 15 Oct 2021