Jersey Law 12/1989
COURT OF APPEAL (AMENDMENT No. 4) (JERSEY) LAW, 1989.
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A LAW to
amend further the Court of Appeal (Jersey) Law, 1961, sanctioned by Order of
Her Majesty in Council of the
2nd day of August, 1989.
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(Registered on the
1st day of September, 1989.)
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STATES OF JERSEY.
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The 4th day of April,
1989.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
ARTICLE
1
After Part III of the Court of Appeal (Jersey) Law, 1961, as
amended, there shall be inserted the following Part –
“PART IIIA
ARTICLE 42A
Reference to Court of Appeal of point of
law following acquittal
(1) Where
a person tried in the Royal Court on indictment or otherwise has been acquitted
(whether in respect of the whole or part of the indictment or charge) the
Attorney General may, if he desires the opinion of the Court of Appeal on a
point of law which has arisen in the case, refer that point to that Court, and
that Court shall, in accordance with this Article consider the point and give
its opinion on it.
(2) For
the purpose of its consideration of a point referred to it under this Article
the Court of Appeal shall hear argument –
(a) by
the Attorney General; and
(b) if
the acquitted person desires to present any argument to the Court, by counsel
on his behalf or, with the leave of the Court, by the acquitted person himself.
(3) Where,
on a point being referred to the Court of Appeal under this Article the acquitted
person appears by counsel for the purpose of presenting any argument to the
Court he shall be entitled to his costs, that is to say to the payment out of
the Annual Income of such sums as are reasonably sufficient to compensate him
for expenses properly incurred by him for the purpose of being represented on
the reference; and any amount recoverable under this paragraph shall be
ascertained, as soon as practicable, by the Judicial Greffier.
(4) A
reference under this Article shall not affect the trial in relation to which
the reference is made or any acquittal in that trial.
ARTICLE 42B
Rules of Court
Rules of court for the purposes of this Part shall be made by the
Court of Appeal.”.
ARTICLE
2
Short title
This Law may be cited as the Court of Appeal (Amendment No. 4)
(Jersey) Law, 1989.
E.J.M. POTTER
Greffier of the States.