Jersey Law 28/1960
POLICE COURT (MISCELLANEOUS PROVISIONS) (AMENDMENT) (JERSEY) LAW,
A LAW to
extend the jurisdiction of the Police Court to empower that Court to order the
taking of finger-prints and to make new provision in relation to appeals to the
Royal Court, sanctioned by Order of Her Majesty in Council of the
30th day of NOVEMBER, 1960.
(Registered on the 21st day of
STATES OF JERSEY.
The 7th day of July,
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
paragraph (1) of Article 4 of the Police Court (Miscellaneous Provisions)
(Jersey) Law, 1949, (hereinafter referred to as
“the principal Law”), for the words “fifty pounds
sterling” there shall be substituted the words “one hundred
paragraph (1) of Article 6 of the principal Law, for the
words “twenty-five pounds sterling” there shall be substituted the
words “one hundred pounds”.
paragraph (1) of Article 8 of the principal Law, for the
words “fifty pounds sterling” there shall be substituted the words
“one hundred pounds”.
After Article 7 of the principal Law,2 there shall be inserted the
following Article –
TAKING OF FINGER-PRINTS
any person not less than fourteen years old has been arrested for an offence
and charged before the Police Court, the Court may, if it thinks fit, on the
application of the Constable, order the finger-prints of that person to be
taken by a police officer.
taken in pursuance of an order under this Article shall be taken either at the
Police Court or, if the person to whom the order relates is remanded in
custody, at any place to which he is committed ; and a police officer may use
such reasonable force as may be necessary for that purpose.
provisions of this Article shall be in addition to those of any other enactment
under which finger-prints may be taken.
the finger-prints of any person have been taken in pursuance of an order under
this Article, then, if he is acquitted, or the Magistrate determines not to
commit him for trial before the Royal Court, or if he is discharged from the
prosecution, the finger-prints and all copies and records of them shall be
the purposes of this Article, a person shall be deemed to be of such age as
appears to the Police Court, after considering any available evidence, to be
Part IV of the principal Law (which
relates to appeals from decisions of the Police Court) there shall be
substituted the Part so numbered set out in the Schedule to this Law.
relation to any conviction pronounced or sentence passed by the Police Court before
the date of the promulgation of this Law, the said Part IV shall have effect as
if this Law had not been passed.
sub-paragraph (c) of paragraph (1) of
Article 22 of the principal Law, for the
figure “18” there shall be substituted the figure “16”.
(3) of Article 8 of the Road Traffic (Jersey) Law, 1956, is hereby
This Law may be cited as the Police Court (Miscellaneous
Provisions) (Amendment) (Jersey) Law, 1960.
APPEAL AND CASE STATED
In this Part of this Law, unless the context otherwise requires
“appeal aid certificate” has the meaning assigned
thereto in Article 20 ;
“probation order” means an order under the “Loi sur l’attenuation
des peines et sur la mise en liberté surveillée”, confirmed by Order of His Majesty
in Council of 8th June, 1937 ;
“the Royal Court” means the Inferior Number of the
RIGHT OF APPEAL
person convicted by the Police Court may appeal to the Royal Court –
(a) if he pleaded guilty or
admitted the facts, against his sentence ;
(b) if he did not, against
the conviction or sentence.
person sentenced by the Police Court for an offence in respect of which a
probation order has previously been made may appeal to the Royal Court against
this Article, “sentence” includes any order made on conviction by
the Police Court, not being –
(a) a probation order ;
(b) an order for the
payment of costs ;
(c) an order made in
pursuance of any enactment under which the Court has no discretion as to the
making of the order or its terms ;
(d) a committal in default
of payment of any sum of money, or for want of sufficient distress to satisfy
any sum of money, or for failure to do or abstain from doing anything required
to be done or left undone.
NOTICE OF APPEAL
appeal under Article 14 of this Law shall be commenced by the appellant’s
giving notice of appeal to the Judicial Greffier
within eight days after the day on which the decision of the Police Court was
notice of appeal shall be in writing and shall state the general grounds of
it appears to the Royal Court, on application made in accordance with the
following provisions of this Article, that any person wishing to appeal to that
Court from the Police Court has failed to give the notice of appeal required by
this Article within the period of eight days prescribed by paragraph (1) of
this Article, the Royal Court may, if it thinks fit, direct that any such notice
of appeal previously given by the applicant after the expiration of the said
period, or any such notice to be given by him within such further time as may
be specified in the direction, shall be treated as if given within the said
application for a direction under paragraph (3) of this Article shall be made
in writing to the Judicial Greffier.
ABANDONMENT OF APPEAL
appellant may abandon an appeal under Article 14 of this Law by giving notice
in writing to the Judicial Greffier, not later than
the third day before the day fixed for the hearing of the appeal.
notice to abandon an appeal has been duly given by the appellant –
(a) subject to anything
already suffered or done by the appellant under the decision from which the
appeal is made, such decision shall be enforceable forthwith by due process of
(b) the Police Court may,
on the application of the prosecution, order the appellant to pay to the
prosecution such costs as appear to the Police Court to be just and reasonable
in respect of expenses properly incurred by the prosecution in connexion with the appeal before notice of the abandonment
PROCEDURE ON APPEALS
Royal Court may direct that witnesses shall be heard before it at the hearing
of any appeal under Article 14 of this Law in relation to any matter or thing
relevant to the appeal and may require the production of the Magistrate’s
notes of the trial.
at any stage of the proceedings, the Royal Court is of opinion that the appeal
is frivolous or vexatious or brought for the purpose of delay, it may forthwith
dismiss the appeal.
any appeal under Article 14 of this Law, the Royal Court may by order confirm,
reverse or vary the decision of the Police Court, or may remit the matter with
its opinion thereon to the Police Court, or may make such other order in the
matter as it thinks just, and may by such order exercise any power which the
Police Court might have exercised, and any order so made shall have the like
effect and may be enforced in like manner as if it had been made by the Police
powers of the Royal Court under paragraph (3) of this Article shall be
construed as including power to award any punishment, whether more or less
severe than that awarded by the Police Court, which that Court might have
any appeal under Article 14 of this Law –
(a) if the appeal is
successful, the Royal Court may order the prosecution to pay to the appellant
such costs as may appear reasonably sufficient to cover the out-of-pocket
expenses of the appellant in relation to such appeal ; or
(b) if the appeal is
unsuccessful, the Royal Court may order the appellant to pay to the prosecution
such costs as may appear reasonably sufficient to cover the cost of the
services rendered by the officers of the Court in relation to such appeal.
STATEMENT OF CASE BY MAGISTRATE
person who was a party to any proceeding before the Police Court or is
aggrieved by the conviction, order, determination or other proceeding of the
Police Court may question the proceeding on the ground that it is wrong in law
or is in excess of jurisdiction by applying to the Magistrate to state a case
for the opinion of the Royal Court on the question of law or jurisdiction
Provided that a person shall not make an application under this
Article in respect of a decision which by virtue of any enactment is final.
application under paragraph (1) of this Article shall be made within eight days
after the day on which the decision of the Police Court was given.
the making of an application under this Article in respect of a decision, any
right of the applicant to appeal under Article 14 of this Law against the
decision shall cease.
the Magistrate is of opinion that an application under this Article is
frivolous, he may refuse to state a case and, if the applicant so requires,
shall give him a certificate stating that the application has been refused :
Provided that the Magistrate shall not refuse to state a case if
the application is made by or under the direction of the Attorney General.
the Magistrate refuses to state a case, the Royal Court may, on the application
of the person who applied for the case to be stated, make an order requiring
the Magistrate to state a case and it shall be the duty of the Magistrate to
comply with the order.
Magistrate shall not be required to state a case until the applicant has, if so
required by the Police Court, given an undertaking and given or found such
security, in such amount as the Police Court may determine, that he will
prosecute the appeal without delay and submit to the judgment of the Royal
Court and pay such costs as that Court may award.
PROCEDURE ON CONSIDERATION OF APPEAL BY CASE STATED
an appeal by case stated under Article 18 of this Law, the Royal Court shall
hear and determine the question or questions of law arising on the case and may
reverse, affirm or amend the determination in respect of which the case has
been stated, or remit the matter to the Police Court, with its opinion thereon,
or may make such other order in relation to the matter, and may make such
orders as to costs, as may seem fit.
Royal Court shall also have power, if it thinks fit, to cause the case to be
sent back for amendment, and thereupon the case shall be amended accordingly,
and judgment shall be delivered after it has been amended.
conviction, order, determination or other proceeding of the Police Court varied
by the Royal Court on an appeal by case stated, and any judgment or order of
the Royal Court on such an appeal, may be enforced as if it were a decision of
the Police Court.
PROVISIONS AS TO LEGAL AID
a person desires to appeal under Article 14 of this Law or to make or oppose an
application for the statement of a case under Article 18 of this Law but has
not sufficient means to enable him to obtain legal aid for the purpose, he may
make application to the Magistrate for free legal aid.
on an application made to the Magistrate under paragraph (1) of this Article,
it appears to the Magistrate that the means of the applicant are insufficient
to enable him to obtain legal aid, and that it is desirable in the interests of
justice that the applicant should have free legal aid, the Magistrate may grant
him a certificate (in this Law referred to as “an appeal aid
on an application made under this Article, the Magistrate has refused to grant
an appeal aid certificate, the applicant may make an application for the same
purpose to the Royal Court, and the Royal Court shall have the like power,
exercisable on the like grounds, of granting an appeal aid certificate as the
person to whom an appeal aid certificate has been granted under this Article
shall be entitled to free legal aid in the preparation and conduct of his case
and to have an advocate assigned to him for that purpose by the Bâtonnier.
an appeal aid certificate has been granted to any person under this Article, an
order shall be made by the Royal Court directing his costs, as fixed by, or
ascertained in accordance with, rules made under this Law, to be paid out of
the General Revenues of the States.
notice of the abandonment of an appeal has been given, an order under paragraph
(5) of this Article may be made by the Royal Court.
any person, for the purpose of obtaining free legal aid under this Article,
makes any statement which he knows to be false in a material particular or
recklessly makes any statement which is false in a material particular, he
shall be liable to a fine not exceeding fifty pounds or to imprisonment for a
term not exceeding one month, or to both such fine and such imprisonment.
BAIL ON APPEAL OR CASE STATED
a person has given notice of appeal under Article 14 of this Law or has applied
for the statement of a case under Article 18 of this Law then, if he is in
custody, the Magistrate may release him on his giving an undertaking and giving
or finding such security in such amount as the Magistrate may determine –
(a) (i) if
he has given notice of appeal, that he will attend before the Royal Court at
the hearing of the appeal ; or
he has applied for the statement of a case, that he will appear before the
Police Court within seven days after the judgment of the Royal Court has been
given, unless the determination in respect of which the case is stated is
reversed by that judgment ;
(b) that he will not leave
the Island until the appeal or application has been disposed of ;
(c) that he will not
consort with or molest any designated persons pending the disposal of the
appeal or application ;
(d) if he subsequently
gives notice of abandonment of appeal, that he will immediately surrender
himself to the Viscount ;
and the Magistrate may further require him to elect and name an
address in the Island at which summonses and notices respecting the appeal or
application may be validly served on him :
Provided that where the accused has been committed to the Royal
Court for sentence under paragraph (2) of Article 2 of the Criminal Justice
(Jersey) Law, 1957, the powers conferred by this
paragraph shall be exercisable by the Royal Court instead of by the Magistrate.
time during which a person is admitted to bail under this Article shall not
count as part of any term of imprisonment under his sentence ; and any sentence
of imprisonment imposed by the Police Court or, on appeal, by the Royal Court,
after the imposition of which a person is so admitted to bail, shall be deemed
to begin to run or to be resumed as from the day on which he is received in
prison under the sentence.
any person acts wilfully in breach of an undertaking
given under paragraph (1) of this Article, he shall be guilty of an offence and
shall on conviction by the Royal Court be liable to a fine not exceeding fifty
pounds or to imprisonment for a term not exceeding three months, or to both
such fine and such imprisonment, and to pay the costs of the prosecution, and
the Court may direct that any term of imprisonment to which he is sentenced
under this paragraph shall not begin to run until after the end of any term of
imprisonment which he is then liable to serve.
any such conviction, or, if the person liable to prosecution under paragraph
(3) of this Article cannot be apprehended within the three months next
following the contravention, upon an application made after the expiration of
such last-mentioned period, the Royal Court may –
(a) direct that any
security given or found in connexion with the
undertaking shall be forfeited to Her Majesty or may, if such security was
found by some person other than the person admitted to bail and the Court
thinks it proper in the circumstances so to do, direct that the security or
some part thereof shall be returned to the person by whom the same was found ;
(b) dismiss the appeal or
application without proceeding to the hearing thereof.
SUSPENSION OF LICENCES AND CUSTODY OF GOODS PENDING APPEAL
Where notice of appeal is given under Article 14 of this Law or an
application for the statement of a case is made under Article 18 of this Law in
respect of a decision which includes –
(a) an order for the
suspension or withdrawal of a licence or other
permit, the Magistrate may, unless it be otherwise provided by the enactment
under which the licence or permit was granted, direct
that the order be suspended pending the disposal of the appeal or application ;
(b) an order for the
confiscation of goods, the goods shall be delivered into the custody of the
Judicial Greffier pending the disposal of the appeal
appeal or application under this Part of this Law may be heard and determined
by the Royal Court either in term or in vacation.
judgment or order of the Royal Court under this Part of this Law shall be final
and conclusive, and shall not be subject to appeal to any other court.
ordered to be paid under this Part of this Law –
(a) where they are ordered
to be paid by the prosecution, shall be paid out of the General Revenues of the
States ; and
(b) where they are ordered
to be paid to the prosecution, shall be paid into the General Revenues of the
States and shall be recoverable as a civil debt due to the States, and
proceedings for the recovery thereof may be instituted by the Treasurer of the
States either in term or in vacation.
To be printed, published and posted.
F. DE L. BOIS,
Greffier of the States.