Court of Appeal
(Sex Offenders Law) Rules 2010
PART 1
INTERPRETATION
1 Definitions
In these Rules, unless
the context otherwise requires –
“appeal” and
“appellant” have the meanings given in Rule 2(2);
“Court” means
the Court of Appeal;
“Greffier”
means the Judicial Greffier;
“Law” means
the Sex Offenders
(Jersey) Law 2010;
“respondent”
has the meaning given in Rule 2(2).
PART 2
APPEAL UNDER
ARTICLE 19, 20, 21, 22, 23, 24, 25 OR 26 OF THE LAW
2 Application
(1) These
Rules apply to an appeal to the Court under Article 19, 20, 21, 22, 23,
24, 25 or 26 of the Law.
(2) Accordingly,
in these Rules –
“appeal” means
any such appeal;
“appellant”
means –
(a) the
Attorney General; or
(b) the
offender, notifier or other person the subject of the proceedings under Article 19, 20,
21, 22, 23, 24, 25 or 26 of the Law,
when bringing or intending
to bring the appeal;
“respondent”
means the Attorney General, offender, notifier or other person, when party to
the appeal brought or intended to be brought by the appellant.
3 Notice
of appeal
(1) An
appeal shall be commenced by the appellant giving notice of appeal, in
accordance with this Rule, not later than 14 days after the day on which
the decision appealed against is given.
(2) The
notice required by paragraph (1) must –
(a) be in
writing in the Form specified in the Schedule appropriate to the appeal;
(b) specify
the grounds of the appeal;
(c) be
signed by the appellant or by his or her advocate; and
(d) be
sent to the Greffier.
(3) The
Greffier shall send a copy of the notice of appeal to the respondent.
(4) For
the purposes of paragraph (1), where the court below has adjourned the
trial of a case after conviction, the day on which the decision appealed
against is given shall be taken to be the day on which the court sentences or
otherwise deals with the offender.
4 Respondent’s
notice
(1) A
respondent who has received a copy of a notice of appeal in accordance with
Rule 3(3) may serve a respondent’s notice, and must do so
if –
(a) the
respondent wants to make representations to the Court; or
(b) the Court
so directs.
(2) The
respondent must send the respondent’s notice to the Greffier not more
than 7 days after –
(a) the
respondent receives the notice of appeal; or
(b) a
direction to do so.
(3) The
respondent’s notice must –
(a) state
if the respondent wants to make representations at the hearing of the appeal;
and
(b) include
or attach any application, with reasons, for an extension of time within which
to serve the respondent’s notice.
(4) The
Greffier shall send a copy of the respondent’s notice to the appellant.
5 Amendment
of notice of appeal and respondent’s notice
A notice of appeal or
respondent’s notice may be amended with the leave of the Court.
6 Setting
down and directions
(1) When
the respondent’s notice has been served, or the time specified for
serving it has expired, the Greffier shall cause the appeal to be set down in
the list of appeals.
(2) The
Greffier shall then give to the appellant and the respondent –
(a) written
notice that the appeal has been set down; and
(b) directions
in relation to the lodging by the appellant and the respondent of copies
of –
(i) the documents
(including any authorities) presented to the court below,
(ii) the
order of the court below,
(iii) a
summary of the arguments each intends to put to the Court, and
(iv) any
additional authorities to which each wishes to refer.
7 Hearing
of appeal
A date shall then be
fixed for the hearing of the appeal as soon as is convenient to the Court, and
the Greffier shall give notice thereof to the appellant and the respondent or
as necessary to the advocate or solicitor of either.
PART 3
GENERAL PROVISIONS
8 Party
in custody
(1) This
Rule applies where the offender, notifier or other person who is the appellant
or respondent is in custody.
(2) The
person –
(a) shall
be entitled to be present (if he or she desires it) on the hearing of the
appeal; but
(b) shall
not be entitled to be present at proceedings preliminary or incidental to the
appeal unless the person –
(i) is given leave by
the Court to be present, or
(ii) is
not legally represented.
(3) When
the Court has heard and dealt with any application in, or on the determination
of, an appeal, if the person has not been present at the application or
determination, the Greffier shall give notice of the decision or determination
of the Court to the person.
9 Stay
Except so far as the
court below or the Court may otherwise direct –
(a) the
bringing of an appeal shall not operate as a stay of execution or of
proceedings under the decision appealed from; and
(b) no
intermediate act or proceeding shall be invalidated by an appeal.
10 Extending
or shortening time
A judge of the Court may
extend or shorten the time appointed by these Rules or by any rule of practice
for the time being in force for doing anything in connection with an appeal.
11 Abandonment
(1) An
appellant at any time may abandon his or her appeal by written notice to the
Greffier, and on such notice being given the appeal shall be taken to have been
dismissed.
(2) Paragraph (1)
does not affect any power of the Court with regard to costs.
12 Citation
These Rules may be cited
as the Court of Appeal (Sex Offenders Law) Rules 2010.
SCHEDULE
(Rule 3(2)(a))
Form 1
ISLAND
OF JERSEY
IN
THE COURT OF APPEAL
On
appeal from the Royal Court of Jersey
NOTICE OF APPEAL AGAINST [REFUSAL OF]1
CERTIFICATION UNDER ARTICLE [3(4)] [10(2)] [14(1)] [16(1)]2 OF THE
SEX OFFENDERS (JERSEY) LAW 2010 THAT AN OFFENCE WAS SEXUALLY AGGRAVATED
Name of offender______________________________________________________
TAKE NOTICE that, on appeal from the decision of the Royal Court
given on the
day
of , 20 [not]3
to certify that the offence (particulars of which are given below) was sexually
aggravated, the appellant will ask the Court of Appeal to order that:4
Particulars of offence5
(use separate sheet if nec.)
THE GROUNDS of
appeal are:6
(use separate sheet if nec.)
(Signed)
…....................................................…
(Appellant).
Date:………………
_____________________________
1
Delete if not applicable
2
Delete as appropriate
3
Delete if not applicable
4
State order applied for
5
Give full details, including circumstances
6
State grounds on which it is argued that the offence did/did not warrant being
certified as sexually aggravated
Form 2
ISLAND
OF JERSEY
IN
THE COURT OF APPEAL
On
appeal from the Royal Court of Jersey
NOTICE OF APPEAL AGAINST NOTIFICATION PERIOD SPECIFIED
UNDER ARTICLE [5(1)] [5(2)] [5(3)] [5(7)]7 OF THE SEX OFFENDERS
(JERSEY) LAW 2010
Name of notifier______________________________________________________
TAKE NOTICE that, on appeal from the decision of the Royal Court
given on the
day
of , 20 specifying the
period of8
… …
… … … … … … … … … …
… … … … … … … … … …
… … … … … ...
that must expire
before the notifier may apply to the Royal Court under Article 5(5) of the
Sex Offenders
(Jersey) Law 2010 for an order that the notifier no longer be subject
to notification requirements under the said Law, the appellant will ask the
Court of Appeal to order that:9
THE GROUNDS of
the appeal are:10
(use separate sheet if nec.)
(Signed)
…....................................................…
(Appellant).
Date:……………….
_____________________________
7 Delete as appropriate
8 State period specified by the Royal Court
9 State order applied for
10 State full grounds
Form 3
ISLAND
OF JERSEY
IN
THE COURT OF APPEAL
On
appeal from the Royal Court of Jersey
NOTICE OF APPEAL AGAINST ORDER UNDER ARTICLE 5(5) OF
THE SEX OFFENDERS (JERSEY) LAW 2010 THAT A PERSON [CONTINUE TO] [NO
LONGER]11 BE SUBJECT TO NOTIFICATION REQUIREMENTS UNDER THE LAW
Name of person currently subject to notification
requirements:
_____________________________________________________________________
TAKE NOTICE that, on appeal from the decision of the Royal Court
given on the
day
of , 20 ordering that the
said person [continue to] [no longer]12 be subject to notification
requirements under the Sex
Offenders (Jersey) Law 2010, the appellant will ask the Court of
Appeal to order that:13
THE GROUNDS of
the appeal are:14
(use separate sheet if nec.)
(Signed)
…....................................................…
(Appellant).
Date:…………….
_____________________________
11 Delete as appropriate
12 Delete as appropriate
13 State order applied for
14 State full grounds
Form 4
ISLAND
OF JERSEY
IN
THE COURT OF APPEAL
On
appeal from the Royal Court of Jersey
NOTICE OF APPEAL AGAINST [REFUSAL OF]15
ORDER UNDER ARTICLE 13(2) OF THE SEX OFFENDERS (JERSEY) LAW 2010 THAT A PERSON
BECOME SUBJECT TO NOTIFICATION REQUIREMENTS
Name of person:
_____________________________________________________________________
TAKE NOTICE that, on appeal from the decision of the Royal Court
given on the
day
of , 20 [ordering]
[refusing to order]16 that the said person become subject to the
notification requirements of the Sex Offenders (Jersey)
Law 2010, the appellant will ask the Court of Appeal to order that:17
THE GROUNDS of
the appeal are:18
(use separate sheet if nec.)
(Signed)
…....................................................…
(Appellant).
Date:………………
_____________________________
15 Delete if not applicable
16 Delete as appropriate
17 State order applied for
18 State full grounds
Form 5
ISLAND
OF JERSEY
IN
THE COURT OF APPEAL
On
appeal from the Royal Court of Jersey
NOTICE OF APPEAL AGAINST [REFUSAL OF]19 A
RESTRAINING ORDER UNDER ARTICLE [10(4)] [10(5)] [10(11)]20 OF THE
SEX OFFENDERS (JERSEY) LAW 2010
Name of offender:
_____________________________________________________________________
TAKE NOTICE that, on appeal from the decision of the Royal Court
given on the
day
of , 20 [making/amending]
[refusing to make/amend]21 a restraining order under Article 10
of the Sex Offenders
(Jersey) Law 2010 in respect of the above-named offender, the
appellant will ask the Court of Appeal to order that:22
THE GROUNDS of
the appeal are:23
(use separate sheet if nec.)
(Signed)
…....................................................…
(Appellant).
Date:………………
_____________________________
19 Delete if not applicable
20 Delete as appropriate
21 Delete as appropriate
22 State order applied for
23 State full grounds
Form 6
ISLAND
OF JERSEY
IN
THE COURT OF APPEAL
On
appeal from the Royal Court of Jersey
NOTICE OF APPEAL AGAINST [REFUSAL OF]24 A
TRAVEL ORDER UNDER ARTICLE [12(2)] [12(7)]25 OF THE SEX OFFENDERS
(JERSEY) LAW 2010
Name of notifier:
_____________________________________________________________________
TAKE NOTICE that, on appeal from the decision of the Royal Court
given on the
day
of , 20 [making/varying/renewing/discharging]
[refusing to make/vary/renew/discharge]26 a travel order under
Article 12 of the Sex
Offenders (Jersey) Law 2010 in respect of the above-named notifier,
the appellant will ask the Court of Appeal to order that:27
THE GROUNDS of
the appeal are:28
(use separate sheet if nec.)
(Signed)
…....................................................…
(Appellant).
Date:………………
_____________________________
24 Delete if not applicable
25 Delete as appropriate
26 Delete as appropriate
27 State order applied for
28 State full grounds
Form 7
ISLAND
OF JERSEY
IN
THE COURT OF APPEAL
On
appeal from the Royal Court of Jersey
NOTICE OF APPEAL AGAINST [REFUSAL OF]29
ORDER UNDER ARTICLE [15(2)] [15(3)]30 OF THE SEX OFFENDERS (JERSEY)
LAW 2010 THAT A PERSON [CONTINUE TO]31 BE SUBJECT TO
NOTIFICATION REQUIREMENTS
Name of person:
_____________________________________________________________________
TAKE NOTICE that, on appeal from the decision of the Royal Court
given on the
day
of , 20 [ordering]
[refusing to order]32 under Article 15 of the Sex Offenders (Jersey)
Law 2010 that the above-named person [continue to]33 be
subject to the notification requirements of the said Law, the appellant will
ask the Court of Appeal to order that:34
THE GROUNDS of
the appeal are:35
(use separate sheet if nec.)
(Signed)
…....................................................…
(Appellant).
Date:………………
_____________________________
29 Delete if not applicable
30 Delete as appropriate
31 Delete if not applicable
32 Delete as appropriate
33 Delete if not applicable
34 State order applied for
35 State full grounds
Form 8
ISLAND
OF JERSEY
IN
THE COURT OF APPEAL
On
appeal from the Royal Court of Jersey
NOTICE OF APPEAL AGAINST [REFUSAL OF]36 A
CHILD PROTECTION ORDER UNDER ARTICLE [11(4)] [11(8)] [11(10)] [11(13)]37
OF THE SEX OFFENDERS (JERSEY) LAW 2010
Name of defendant:
_____________________________________________________________________
TAKE NOTICE that, on appeal from the decision of the Royal Court
given on the
day
of , 20 [making/varying/renewing/discharging]
[refusing to make/vary/renew/discharge]38 a child protection order
under Article 11 of the Sex Offenders (Jersey)
Law 2010 in respect of the above-named defendant, the appellant will
ask the Court of Appeal to order that:39
THE GROUNDS of
the appeal are:40
(use separate sheet if nec.)
(Signed)
…....................................................…
(Appellant).
Date:………………
_____________________________
36 Delete if not applicable
37 Delete as appropriate
38 Delete as appropriate
39 State order applied for
40 State full grounds