Jersey Law 28/1960

 

POLICE COURT (MISCELLANEOUS PROVISIONS) (AMENDMENT) (JERSEY) LAW, 1960.

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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.

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(Registered on the 21st day of December, 1960).

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STATES OF JERSEY.

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The 7th day of July, 1960.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law :  -

ARTICLE 1

(1)           In paragraph (1) of Article 4 of the Police Court (Miscellaneous Provisions) (Jersey) Law, 1949,1 (hereinafter referred to as “the principal Law”), for the words “fifty pounds sterling” there shall be substituted the words “one hundred pounds”.

(2)           In paragraph (1) of Article 6 of the principal Law,2 for the words “twenty-five pounds sterling” there shall be substituted the words “one hundred pounds”.

(3)           In paragraph (1) of Article 8 of the principal Law,3 for the words “fifty pounds sterling” there shall be substituted the words “one hundred pounds”.

ARTICLE 2

After Article 7 of the principal Law,2 there shall be inserted the following Article –

“ARTICLE 7A

TAKING OF FINGER-PRINTS

(1)          Where 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.

(2)          Finger-prints 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.

(3)          The provisions of this Article shall be in addition to those of any other enactment under which finger-prints may be taken.

(4)          Where 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 destroyed.

(5)          For 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 his age.”

ARTICLE 3

(1)           For Part IV of the principal Law4 (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.

(2)           In 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.

(3)           In sub-paragraph (c) of paragraph (1) of Article 22 of the principal Law,5 for the figure “18” there shall be substituted the figure “16”.

(4)           Paragraph (3) of Article 8 of the Road Traffic (Jersey) Law, 1956,6 is hereby repealed.

ARTICLE 4

This Law may be cited as the Police Court (Miscellaneous Provisions) (Amendment) (Jersey) Law, 1960.


SCHEDULE

PART IV

APPEAL AND CASE STATED

ARTICLE 13

DEFINITIONS

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 ;7

“the Royal Court” means the Inferior Number of the Royal Court.

ARTICLE 14

RIGHT OF APPEAL

(1)           A 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.

(2)           A 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 the sentence.

(3)           In 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.

ARTICLE 15

NOTICE OF APPEAL

(1)           An 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 given.

(2)           A notice of appeal shall be in writing and shall state the general grounds of appeal.

(3)           Where 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 period.

(4)           An application for a direction under paragraph (3) of this Article shall be made in writing to the Judicial Greffier.

ARTICLE 16

ABANDONMENT OF APPEAL

(1)           An 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.

(2)           Where 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 law ;

(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 was given.

ARTICLE 17

PROCEDURE ON APPEALS

(1)           The 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.

(2)           If, 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.

(3)           On 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 Court.

(4)           The 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 awarded.

(5)           On 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.

ARTICLE 18

STATEMENT OF CASE BY MAGISTRATE

(1)           Any 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 involved :

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.

(2)           An 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.

(3)           On 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.

(4)           If 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.

(5)           Where 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.

(6)           The 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.

ARTICLE 19

PROCEDURE ON CONSIDERATION OF APPEAL BY CASE STATED

(1)           On 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.

(2)           The 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.

(3)           Any 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.

ARTICLE 20

PROVISIONS AS TO LEGAL AID

(1)           Where 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.

(2)           If, 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 certificate”).

(3)           Where, 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 Magistrate.

(4)           A 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.

(5)           Where 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.

(6)           When 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.

(7)           If, 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.

ARTICLE 21

BAIL ON APPEAL OR CASE STATED

(1)           Where 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

(ii)     if 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, 1957,8 the powers conferred by this paragraph shall be exercisable by the Royal Court instead of by the Magistrate.

(2)           The 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.

(3)           If 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.

(4)           Upon 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 ; and

(b)     dismiss the appeal or application without proceeding to the hearing thereof.

ARTICLE 21A

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 or application.

ARTICLE 21B

MISCELLANEOUS PROVISIONS

(1)           Any appeal or application under this Part of this Law may be heard and determined by the Royal Court either in term or in vacation.

(2)           Any 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.

(3)           Costs 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.



1        Tome 1949–1950, page 53.

2        Tome 1949–1950, page 54.

3        Tome 1949–1950, page 55.

4        Tome 1949–1950, page 57.

5        Tome 1949–1950, page 65.

6        Tome 1954–1956, page 508.

7        Tome 1937–1938, page 59.

8        Page 20 of this volume.


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