Criminal Procedure (Jersey)
Law 2018
A LAW prescribing the procedure to be followed in, or in connection with,
criminal proceedings; to provide for the quashing of acquittals by the Court of
Appeal; to amend the Police Procedures and Criminal Evidence (Jersey)
Law 2003 in connection with evidence in criminal proceedings; and for
connected purposes.
[long title not in force]
Commencement [see endnotes]
part 1
interpretation and application
1 Interpretation
and application
(1) In this Law, unless the
context indicates otherwise –
“adjourn” means a decision by the court to suspend or
delay the hearing of criminal proceedings until another day;
“administration of the States” has the same meaning as
in Article 1 of the Employment of States of Jersey Employees (Jersey)
Law 2005;
“Assistant Magistrate” shall be construed in accordance
with Article 1 of Loi (1864) concernant la charge de Juge
d’Instruction;
“Bail Law” means the Criminal Procedure (Bail) (Jersey) Law 2017;
“Bâtonnier” means the person elected under Article 33
of The Law Society of Jersey Law 2005;
“Broadcasting Act” means the Broadcasting Act 1990
of the United Kingdom, as extended to Jersey by the Broadcasting Act 1990
(Jersey) Order 1991 and the Broadcasting Act 1990 (Jersey)
(No. 2) Order 1991;
“case management powers” shall be construed in
accordance with Article 9;
“child” means a person who has attained the age of
10 years and has not attained the age of 15 years;
“Commissioner” means a person appointed in accordance
with Article 10 of the Royal Court (Jersey) Law 1948;
“community service order” shall be construed in
accordance with Article 4 of the Community Service Orders Law;
“Community Service Orders Law” means the Criminal Justice (Community Service Orders)
(Jersey) Law 2001;
“complainant” means the person against whom an offence
is alleged to have been committed;
“court” means the Magistrate’s Court (including
the Youth Court) or the Royal Court;
“Criminal Procedure Rules Committee” shall be construed
in accordance with Article 111;
“Criminal Procedure Rules” shall be construed in
accordance with Article 111(1) and 112;
“criminal proceedings” means proceedings before the
court for the determination of a case against a defendant;
“Crown Advocate” means an advocate appointed under Article 1
of the Crown Advocates (Jersey) Law 1987;
“defence” means the defendant or a person acting as his
or her legal representative;
“defendant” means a person –
(a) charged
with an offence; or
(b) convicted
of an offence and awaiting sentence;
“délégué” has the same meaning as
in the Probation Law;
“Greffier Substitute” means an officer of the Judicial
Greffe designated in accordance with Article 6 of the Departments of the Judiciary and the Legislature
(Jersey) Law 1965;
“incapacity” shall be construed in accordance with Article 55
of the Mental Health Law;
“indictment” means the document referred to in Article 43(3)
which formally specifies the offence with which a person is charged and sets
out the particulars of the offence;
“juror” means a person selected to serve on a jury in
accordance with Article 66;
“jury” shall be construed in accordance with Article 66;
“jury list” shall be construed in accordance with Article 64;
“Magistrate’s Court” includes the Youth Court;
“Mental Health Law” means the Mental Health (Jersey) Law 2016;
“offence” includes an alleged offence;
“overriding objective” shall be construed in accordance
with Article 2;
“panel list” shall be construed in accordance with Article 64;
“participant” and “party” in relation to
criminal proceedings means the prosecution, defence and any such other person
as the court may direct, or who otherwise appears to the court to participate
in the conduct of the proceedings;
“police officer” includes an officer of the Impôts
within the meaning of the Customs and Excise (Jersey) Law 1999;
“practice directions” shall be construed in accordance
with Article 113;
“prescribed” means prescribed by Criminal Procedure Rules;
“proceedings” means criminal proceedings;
“programme service” has the same meaning as in the Broadcasting
Act;
“Probation Law” means the Loi (1937) sur
l’atténuation des peines et sur la mise en liberté
surveillée;
“probation order” means an order under Article 2 of
the Probation Law;
“publication” includes any speech, writing,
relevant programme or other communication in whatever form, which is addressed
to the public at large or any section of the public (and for this purpose every
relevant programme is to be taken to be so addressed), but does not include an
indictment or other document prepared for use in particular legal proceedings;
“relevant programme” means a programme included in a
programme service, within the meaning of the Broadcasting Act;
“rules” means Criminal Procedure Rules, and
“rule” shall be construed accordingly;
“Solemn Affirmations Law” means the Solemn Affirmations (Jersey) Law 1963;
“trial” means a hearing to determine criminal
proceedings and includes a retrial or a hearing, if required under Article 78,
to determine facts disputed;
“witness” in relation to criminal proceedings, means any
person called, or proposed to be called, to give evidence in the proceedings;
“young person” means a person who has attained the age
of 15 years and has not attained the age of 18 years;
“Young Offenders Law” means the Criminal Justice (Young Offenders) (Jersey)
Law 2014;
“Youth Court Panel” shall be construed in accordance
with paragraph 1 of the Schedule to the Young Offenders Law.[1]
(2) For the purposes of this
Law –
(a) “prosecution”
means –
(i) the
Attorney General,
(ii) a
prosecutor, or
(iii) except in relation to proceedings before the
Royal Court, or where a reference is made to “prosecution” in Parts 10
and 11, a Centenier;
(b) “prosecutor” –
(i) means an advocate
employed in the Law Officers’ Department authorized by the Attorney
General to undertake criminal proceedings on his or her behalf in the
Magistrate’s Court or Royal Court; or
(ii) means
a solicitor, or a person admitted –
(A) to the
degree of the Utter Bar of one of the Inns of Court of England and Wales,
(B) as
a solicitor of the Senior Courts of England and Wales,
(C) as a member of the Faculty of Advocates or as a Solicitor in
Scotland,
(D) at the
Bar of Northern Ireland or as a Solicitor of the Court of Judicature of
Northern Ireland, or
(E) at
the Bar of Guernsey,
employed in the Law Officers’ Department and authorized by the
Attorney General to undertake criminal proceedings on his or her behalf in the
Magistrate’s Court, and
(iii) includes
a Crown Advocate.
(3) References in this Law
to –
(a) “functions”
in relation to a person shall be construed as if they were references to any powers
or duties conferred on a person by or under an enactment, including this Law;
(b) “material”
are to material of all kinds, and in particular include references to –
(i) information, and
(ii) objects
of all descriptions.
(4) The expression
“enter a plea” in relation to a defendant means where he or she
pleads “guilty” or “not guilty” to committing an offence.
(5) Where this Law requires
something to be done or to occur within 48 hours, in determining when the
period of 48 hours expires, there shall be disregarded Christmas Day, Good
Friday and any Sunday.
(6) Where bail is grantable
under any provision of this Law, the provisions of the Bail Law shall apply –
(a) unless
express provision is made to the contrary;
(b) unless
alternative or different provision is made by or under this Law; or
(c) subject
to any modifications to those provisions made by or under this Law.
(7) In relation to a
defendant within the meaning of the Mental Health Law, the provisions of this
Law shall, subject to the provisions of Parts 8 and 9 of the Mental Health
Law, apply in respect of such a defendant in criminal proceedings.
(8) Nothing in this Law
shall be taken to override the inherent jurisdiction of the Royal Court in
relation to criminal proceedings.
(9) The States may by
Regulations amend this Part.
Parts 2–6
[not in force]
Part 7
[heading not in force]
42–47
[not in force]
48 Mode
of trial
(1) Subject to the
provisions of this Article, a defendant may be tried either by the Royal Court
sitting with a jury, or by the Inferior Number of the Royal Court sitting
without a jury.
(2) A defendant whose
indictment only charges an offence which is an offence under customary law, may
elect to be tried –
(a) by
the Royal Court sitting with a jury; or
(b) by
the Inferior Number of the Royal Court sitting without a jury.
(3) This paragraph applies
where –
(a) no
election is made under paragraph (2); or
(b) a
defendant’s indictment charges 2 or more offences at least one of which is
an offence under customary law and the other an offence under an enactment.
(4) Where paragraph (3)
applies, the Royal Court shall decide, having regard to the nature and gravity
of the offence and after hearing any submissions from the defence and the
prosecution, the method by which the defendant shall be tried.
(5) Unless an enactment
expressly provides otherwise, a defendant whose indictment only charges an
offence which is an offence under an enactment shall be tried by the Inferior
Number of the Royal Court sitting without a jury.
(6) For the purposes of
this Article, an “offence under an enactment” includes an offence
under an enactment of the United Kingdom which extends or applies to Jersey.
49–51
[not in force]
PARTs 8–12
[not in force]
part 13
establishment
and functions of the criminal procedure rules committee
111 Criminal Procedure Rules
Committee
(1) There
are to be rules of court (to be called “Criminal Procedure Rules”)
governing the practice and procedure to be followed in criminal proceedings.
(2) Criminal
Procedure Rules are to be made by a committee known as the Criminal Procedure
Rules Committee.
(3) The
Criminal Procedure Rules Committee shall be chaired by the Bailiff or, in his
or her absence, the Deputy Bailiff, who shall both be members of the Committee.
(4) The
Criminal Procedure Rules Committee shall also consist of the following
members –
(a) the Attorney
General or a person nominated by the Attorney General;
(b) the
Chief Officer of the States of Jersey Police Force or a person nominated by
that Chief Officer;
(c) the
Judicial Greffier or a person nominated by the Judicial Greffier;
(d) the
Magistrate or a person nominated by the Magistrate;
(e) the
person who is the senior délégué or a person nominated by that délégué;
(f) the
Viscount or a person nominated by the Viscount;
(g) an
advocate nominated by the Bâtonnier who has particular experience of
practice in criminal proceedings; and
(h) a
person nominated by the Chief Minister.
(5) Before
nominating a person under paragraph (4), the Bailiff must first be
consulted.
(6) A
person shall be nominated for such period as may be specified by the person who
has nominated him or her.
(7) The
Criminal Procedure Rules Committee may, subject to a quorum of not less than 5
members, meet for the conduct of business, adjourn and otherwise regulate its
meetings as it thinks fit.
(8) The
Criminal Procedure Rules Committee must, before making Criminal Procedure
Rules –
(a) consult
such persons as it considers appropriate; and
(b) meet
(unless it is inexpedient to do so).
(9) Criminal
Procedure Rules –
(a) must
be signed by not less than 5 members of
the Criminal Procedure Rules Committee;
(b) shall
come into force on such day or days as the Criminal Procedure Rules Committee
directs; and
(c) shall
be treated as an enactment to which the Subordinate
Legislation (Jersey) Law 1960 applies.
(10) The
States may, by Regulations, amend the members of the Committee listed in paragraph (4).
112 Criminal
Procedure Rules
(1) Criminal
Procedure Rules may be made by the Criminal Procedure Rules Committee for any of
the following –
(a) for
regulating and prescribing the procedure and the practice to be followed in any
proceedings under this Law (including the procedure and practice to be followed
by the Viscount and the Judicial Greffier) and any matters incidental to or
relating to any such procedure or practice, including (but without prejudice to
the generality of the foregoing) the manner in which, and the time within
which, any applications which under this Law or any enactment are to be made to
the court shall be made;
(b) for
regulating the sittings of the court and its judges whether sitting in court or
elsewhere;
(c) for
prescribing the jurisdiction of the Inferior Number and Superior Number in
relation to the sentencing of a defendant;
(d) for
regulating the means or timing of service, or lodging,
of any application, indictment, notice, order, order for the arrest of a person,
summons or other instrument or document, issued under this Law or under
Criminal Procedure Rules;
(e) for
prescribing forms to be used for the purposes of this Law;
(f) for
regulating any matters relating to the costs of proceedings before the court;
(g) for
regulating the means by which particular facts may be proved, and the mode in
which evidence thereof may be given, in any proceedings or on any application
in connection with or at any stage of any proceedings;
(h) for
prescribing the details of the prosecution’s case against a person which,
under the provisions of this Law, or in the exercise of case management powers,
are to be served on a person who is charged with, or is
to be charged with, or in connection with,
an offence;
(i) for
regulating and prescribing the procedure on appeal from the Magistrate’s
Court, or where a case is stated by the Magistrate;
(j) for
regulating or making provision with respect to any other matters which may
require to be regulated or with respect to which provision may require to be
made under this Law.
(2) The
power to make Criminal Procedure Rules –
(a) is to
be exercised with a view to securing that –
(i) the criminal
justice system is accessible, fair and efficient, and
(ii) the
rules are both simple and simply expressed; and
(b) includes
power to –
(i) make different
provision for different cases, including different provision for a specified
court or specified descriptions of proceedings,
(ii) make
such consequential, incidental, supplementary, transitional, transitory or saving
provision which appear to be necessary or expedient for the purposes of the
Rules, and
(iii) make rules
as to proceedings by or against the Crown.
113 Practice directions
(1) The
Bailiff or Magistrate may, from time to time, issue directions as to the
practice or procedure to be followed by the participants in criminal
proceedings (“practice directions”) where either no provision has
been made in Criminal Procedure Rules or, subject to paragraph (2), so as
to complement any such Rules.
(2) Practice
directions issued under this Article must not be inconsistent with any Criminal
Procedure Rules which may otherwise apply.
(3) Practice
directions must be kept under review and, as necessary, must be replaced,
revoked or amended.
(4) Practice
directions may be published in such manner or form as the Bailiff or Magistrate
considers appropriate.
(5) Paragraph (6)
applies where it appears to the court when conducting criminal proceedings,
that –
(a) a
provision of a practice direction; or
(b) a
failure to comply with a practice direction,
is relevant to a question
arising in those proceedings.
(6) Where
this paragraph applies, the relevant provision or failure must be taken into
account in determining the question, but a failure to comply with a practice
direction shall not of itself make a person liable to any civil or criminal
proceedings.
PART
14
[heading not in force]
114
[not in force]
115 Regulations
(1) The States may, by
Regulations, amend any enactment, including this Law, for the purpose of making
such transitional, consequential, incidental, supplementary or savings
provisions as they consider necessary or expedient in consequence of any
provision made by or under this Law.
(2) Any Regulations under
this Law may contain such transitional, consequential, incidental or
supplementary provisions as appear to the States to be expedient for the purposes
of the Regulations.
(3) A power to make
Regulations under this Law for the purpose of amending a provision of this Law,
includes the power to make such transitional, consequential, incidental or
supplementary amendments to any other provision of this Law as appears to the
States to be necessary or expedient.
116,
117
[not in force]
118 Enactments
repealed
The enactments listed in
Schedule 5 are repealed.
119 Citation and
commencement
This Law may be cited as the Criminal Procedure (Jersey)
Law 2018 and shall come into force on such day or days as the States may
by Act appoint.