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Criminal Procedure (Transitional Provisions) (Jersey) Regulations 2019

Made                                                                                                23rd October 2019

Coming into force                                                                         31st October 2019

THE STATES make these Regulations under Article 115 of the Criminal Procedure (Jersey) Law 2018[1] –

1        Interpretation

In these Regulations “2018 Law” means the Criminal Procedure (Jersey) Law 2018[2].

2        Temporary amendments to Criminal Procedure (Jersey) Law 2018

(1)     Until Article 19 of the 2018 Law is in force –

(a)     in Article 13(2)(b) of that Law, for “Article 19” there is substituted “Article 9 of the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949[3]”;

(b)     in paragraph 9 of Schedule 3 to that Law, in Article 82F(5) to be inserted into the Police Procedures and Criminal Evidence (Jersey) Law 2003[4] and immediately before it is so inserted, for “Article 14 or 19 of the Criminal Procedure Law” there is substituted “Article 14 of the Criminal Procedure Law or Article 9 of the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949”.

(2)     Until Article 43 of the 2018 Law is in force –

(a)     in Article 1(1) of that Law, in the definition of “indictment”, there is deleted “referred to in Article 43(3)”;

(b)     in paragraph 9 of Schedule 3 to that Law, in Article 82F(5) to be inserted into the Police Procedures and Criminal Evidence (Jersey) Law 2003 and immediately before it is so inserted, for “indictment under Article 43 of that Law” there is substituted “indictment (within the meaning of Article 1(1) of the Criminal Procedure Law)”.

(3)     Until Article 64 of the 2018 Law is in force, in Article 1(1) of that Law for the definition of “panel list” there is substituted –

“ “panel list” means the list of persons who may be called upon to serve as jurors as prepared by the Viscount;”.

(4)     For clarity, once a provision of the 2018 Law referred to in a paragraph of this Regulation comes into force, the amendment made by that paragraph ceases to have effect and the provision so amended has affect as if the amendment had never been made.

3        Preservation of the Police Procedures and Criminal Evidence (Variation of Bail Conditions) Rules 2019

Despite the substitution of Article 48A of the Police Procedures and Criminal Evidence (Jersey) Law 2003 by paragraph 5 of Schedule 3 to the 2018 Law, the Police Procedures and Criminal Evidence (Variation of Bail Conditions) Rules 2019[5] continue to have effect as if made under that substituted version of Article 48A.

4        Citation and commencement

These Regulations may be cited as the Criminal Procedure (Transitional Provisions) (Jersey) Regulations 2019 and shall come into force on 31st October 2019.

w.j.c. millow

Assistant Greffier of the States

 




[1]                                     L.25/2018

[2]                                     L.25/2018

[3]                                     chapter 07.595

[4]                                     chapter 23.750

[5]                                     chapter 23.750.70


Page Last Updated: 05 Jan 2020