Covid-19
(Emergency Provisions – Courts) (Jersey) Regulations 2020
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.[2]
(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 September 2022.[3]