Criminal Procedure
(Taking Offences into Consideration) Rules 2000[1]
Official
Consolidated Version
This is an official
version of consolidated legislation compiled and issued under the authority of
the Legislation (Jersey) Law 2021.
Showing the law
from 1 January 2019 to 30 September 2021
Criminal Procedure
(Taking Offences into Consideration) Rules 2000
1 Taking offences into consideration
(1) Subject to the
provisions of these Rules, when the Royal Court, the Magistrate’s Court
or the Youth Court sentences any person in respect of an offence and the
conditions in paragraph (2) are satisfied, the Court may take one or more
other offences committed by that person into consideration.
(2) The conditions referred
to in paragraph (1) are that –
(a) the
accused has admitted one or more other charges and requested that they be taken
into consideration;
(b) the
offences to which the other charges relate are of a similar nature to the
offence for which sentence is being imposed and are otherwise within the
jurisdiction of the Court; and
(c) the
Attorney General does not object or, in the case of proceedings in the
Magistrate’s Court or the Youth Court, the prosecution does not object.
(3) An offence shall not be
taken into consideration if the Court considers that, in the public interest,
it ought to be charged and tried separately.
2 Sentence
When the Court takes one or more other offences into consideration,
it may impose in respect of the offence with which the defendant is charged a
sentence more severe than it would have imposed had it not taken any offence
into consideration save that, if the maximum sentence for an offence is fixed by
law, the Court shall not exceed that maximum sentence and (for the avoidance of
doubt) in the Youth Court, Magistrate’s Court or the Inferior Number of
the Royal Court, shall not exceed the maximum of its sentencing jurisdiction.
3 Status of offences taken into consideration
An offence does not, by reason of its having been taken into
consideration, become an offence in respect of which a person may make a plea
of autrefois convict, but no proceedings for an offence which a court has taken into
consideration shall be instituted without the leave of the Attorney General.
4 Practice directions
(1) The Judicial Greffier
may, in consultation with the Bailiff, issue practice directions to ensure that
sufficient notice is given of the particulars of the offences to be taken into
consideration and that the defendant understands what is being done and freely
admits them.
(2) Practice directions
under paragraph (1) may specify standard forms for the purposes of these Rules.
5 Citation
These Rules may be cited as the Criminal Procedure (Taking Offences into
Consideration) Rules 2000.