Court
of Appeal (Criminal) (Preparatory Hearings – Interlocutory Appeals) Rules 2021
1 Interpretation
In these Rules, unless
the context otherwise requires –
“1961 Law” means the Court of Appeal (Jersey)
Law 1961;
“2018 Law” means the Criminal Procedure
(Jersey) Law 2018;
“appellant” means an
appellant under Article 58(1) of the 2018 Law including a person who
applies for leave to appeal;
“principal Rules” means
the Court of Appeal
(Criminal) Rules 1964.
2 Notice of Appeal
(1) An
application for leave to appeal under Article 58(1) of the 2018 Law
shall be made to the Bailiff within 5 days of the making of the ruling to
which it relates or within any shorter period required by the Bailiff.
(2) The
application is made by the appellant delivering a written notice specifying the
grounds of the application to –
(a) the Bailiff’s Secretary;
(b) the Judicial Greffier;
and
(c) all parties to the
preparatory hearing directly affected by the ruling in question.
(3) Each
of the parties in paragraph (2)(c) may within 3 days of receiving the
appellant’s notice, or within any shorter period required by the Bailiff,
deliver a respondent’s notice to –
(a) the Bailiff’s Secretary;
(b) the Judicial Greffier;
and
(c) all the other parties.
(4) The
Bailiff may decide (with or without an oral hearing) whether or not to grant
leave to appeal on the basis of the notice or notices delivered under
paragraphs (2) and (3).
(5) The
Bailiff’s Secretary shall give written notice of the decision of the Bailiff
under paragraph (4) to the appellant and the other parties.
(6) If
the Bailiff grants leave to appeal –
(a) the appellant shall give
written notice of appeal to the Judicial Greffier and the other parties within
3 days of receiving the written notice of the Bailiff’s decision; and
(b) the notice of appeal must
state –
(i) that leave has been granted, and
(ii) the grounds on which
leave was granted.
(7) If
the Bailiff refuses leave to appeal, the appellant may, within 3 days of
receiving the written notice of the Bailiff’s decision, renew the application
for leave to appeal to the Court of Appeal by delivering to the Judicial
Greffier and the other parties –
(a) the notice of application
for leave; and
(b) a notice of appeal.
(8) Each
of the other parties may within 3 days of receipt of a notice of appeal
deliver a respondent’s notice to –
(a) the Judicial Greffier;
(b) the appellant; and
(c) the other parties.
(9) The
periods specified in paragraphs (6)(a), (7) and (8) –
(a) may be abridged by the
Bailiff when the Bailiff grants or, as the case may be, refuses leave to
appeal; and
(b) may be extended, before
or after they expire, by the Court of Appeal.
(10) A
notice of –
(a) appeal,
(b) application for leave to
appeal; or
(c) application for an
extension of time,
must be accompanied by any
documents (or copies thereof) and other material necessary for the proper
determination of the appeal or application.
(11) A
notice of application for leave to appeal and a notice of appeal may be given
in respect of the whole or any part of the ruling or order to which it relates,
and must –
(a) specify any question of
law or procedure in respect of which the application or appeal is brought, and
whenever appropriate such facts of the case as are necessary for proper
consideration of the question concerned;
(b) summarize the arguments
intended to be put to the Court of Appeal; and
(c) specify any authorities
intended to be cited, and be accompanied by copies of those authorities.
3 Respondent’s notice
(1) A
respondent’s notice given under paragraph (3) or (8) of Rule 2 must –
(a) specify the date on which
the appellant’s notice of application or of appeal was received by the party
concerned;
(b) summarize that party’s
responses to the appellant’s application or appeal, including the arguments
intended to be relied on; and
(c) specify any authorities
intended to be cited and be accompanied by copies of such authorities.
(2) The
time for giving notice under this Rule may be extended, before or after it
expires, by the Court of Appeal.
4 Persons in custody
(1) A
person in custody is entitled to be present at the hearing of an appeal, or an
application for leave to appeal, under Article 58(1) of the 2018 Law
to which the person is a party.
(2) A
person in custody is not entitled to be present at the hearing of an appeal, or
an application for leave to appeal, under the said Article 58(1) to which
he is not a party except –
(a) on an application to the
Bailiff for leave to appeal, with the permission of the Bailiff; or
(b) on an appeal, or an application
to the Court of Appeal for leave to appeal, with the permission of that Court.
(3) An
application under paragraph (2) for permission to be present shall be made
by delivering a written request –
(a) where paragraph (2)(a)
applies, to the Bailiff’s Secretary; or
(b) where paragraph (2)(b)
applies, to the Judicial Greffier.
5 Supply of documentary
and other exhibits
Rule 13 of the
principal Rules shall apply in relation to an appellant and a respondent under
Article 58(1) of the 2018 Law as it applies in relation to an
appellant or an appellant’s advocate under Part 3 of the 1961 Law.
6 Abandonment of
proceedings
Rule 8 of the
principal Rules shall apply for the purposes of an appeal, or an application to
the Court of Appeal for leave to appeal, under Article 58(1) of the
2018 Law as it applies to an appeal or an application for leave under Part 3
of the 1961 Law, except that notice of the appeal, or application, as the
case may be, shall be delivered to the Judicial Greffier in a form specified by
practice directions under Rule 9(1) (of these Rules).
7 Powers exercisable by
single judge
(1) The
following powers may be exercised by a single judge of the Court of Appeal in
the same manner as they may be exercised by the Court of Appeal and subject to the
same provisions –
(a) to give leave to appeal
under Article 58(1) of the 2018 Law;
(b) to extend time under
Rule 2(9); and
(c) to give permission under
Rule 4 for a person in custody to be present at any proceedings.
(2) A
single judge may sit in such place as the judge decides in order to exercise
any of the powers specified in paragraph (1).
8 Notice of determination
of court
(1) The
Judicial Greffier shall as soon as practicable deliver notice of a
determination by the Court of Appeal or by a single judge under Rule 7
to –
(a) the appellant; and
(b) the respondent any other
person who is directly affected by the ruling to which the appeal or
application under Article 58(1) of the 2018 Law relates.
(2) The
Judicial Greffier shall as soon as practicable give notice to the Bailiff’s
Secretary of the order of the Court of Appeal disposing of an appeal or
application for leave to appeal.
9 Forms
(1) The
Bailiff may issue practice directions specifying forms to be used in respect of
applications and notices for the purposes of these Rules.
(2) Paragraph (1)
does not affect any power to issue practice directions for any other purpose.
10 Citation and commencement
These Rules may be cited as the Court of Appeal (Criminal)
(Preparatory Hearings – Interlocutory Appeals) Rules 2021 and come into force on
1st October 2021.