Jersey Law 22/1961
“COST IN CRIMINAL CASES (JERSEY) LAW, 1961”,
CONFIRMÉ PAR
Ordre de Sa
Majesté en Conseil
en date du 26 mai
1961.
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(Enregistré
le 17 juin 1961).
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ARRANGEMENT OF
ARTICLES
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Article
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1.
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Interpretation and application
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2.
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Power of Royal
Court or Police Court to award costs
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3.
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Power of
Superior Number of Royal Court or Court of Appeal to award costs
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4.
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Payment of
costs ordered to be paid out of public funds
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5.
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Enforcement of costs payable by
accused
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6.
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Regulations
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7.
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Saving
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8.
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Short title and commencement
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COSTS IN CRIMINAL CASES (JERSEY) LAW, 1961.
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A LAW to
empower Courts of Justice to order the payment of costs in criminal and
quasi-criminal cases and for purposes incidental thereto, sanctioned by Order
of Her Majesty in Council of the
26th day of MAY, 1961.
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(Registered on the 17th day of
June, 1961).
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STATES OF JERSEY.
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The 9th day of
February, 1961.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
ARTICLE 1
INTERPRETATION AND APPLICATION
(1) In
this Law, “public funds” means the General Revenues of the States.
(2) Article
2 of this Law shall apply to –
(a) the Royal Court sitting
as a court of assize or “en Police Correctionnelle” or dealing with
a matter of a criminal or quasi-criminal nature brought before the court by the
Attorney General ;
(b) the Police Court
sitting as a court of summary jurisdiction or enquiring into an offence as
“Juge d’Instruction”.
(3) References
in this Law to costs paid or ordered to be paid out of public funds shall be
construed as including references to any sums so paid or ordered to be paid as
compensation to or expenses of a witness or other person or as advocate’s
or solicitor’s fees.
ARTICLE 2
POWER OF ROYAL COURT OR POLICE COURT TO AWARD COSTS
(1) Subject
to the provisions of this Article, where any person is prosecuted or tried
before a court to which this Article applies, the court may –
(a) if the accused is convicted,
order him to pay the whole or any part of the costs incurred in or about the
prosecution and conviction ;
(b) order the payment out of
public funds of the costs of the prosecution ;
(c) if the accused is discharged
from the prosecution or acquitted, order the payment out of public funds of the
costs of the defence.
(2) The
costs which may be awarded by the Royal Court under paragraph (1) of this
Article shall include the costs incurred in or about any proceedings before the
“Juge d’Instruction”.
(3) The
costs of the prosecution payable under sub-paragraph (b) of paragraph (1) of this Article shall be such sums as appear
to the court reasonably sufficient to compensate any witness for the
prosecution for the expense, trouble or loss of time properly incurred in or
incidental to his attendance and giving evidence.
(4) The
costs of the defence payable under sub-paragraph (c) of paragraph (1) of this Article shall be such sums as appear
to the court reasonably sufficient to compensate the accused for the expenses
properly incurred by him in carrying on the defence and to compensate any
witness for the defence for the expense, trouble or loss of time properly
incurred in or incidental to his attendance and giving evidence.
(5) Notwithstanding
that the court makes no order under sub-paragraph (c) of paragraph (1) of this Article for the payment of the costs of
the defence, it may order the payment out of public funds of such sums as
appear to the court reasonably sufficient to compensate any witness for the
defence for the expense, trouble or loss of time properly incurred in or
incidental to his attendance and giving evidence.
(6) Unless
the court otherwise directs, no sum shall be payable in pursuance of an order
under this Article to or in respect of any witness for the prosecution or
defence who is a witness to character only.
(7) The
amount of costs ordered to be paid under this Article shall be ascertained as
soon as practicable by the Judicial Greffier.
(8) Where
a person committed for trial is not ultimately tried, the court to which he is
committed shall have the same power to order payment of costs under this
Article as if the accused had been tried and acquitted.
(9) This
Article shall apply where a person is committed by the Police Court to the
Inferior Number of the Royal Court with a view to his being sentenced to
Borstal training under Article 2 of the Criminal Justice (Jersey) Law, 1957, as it applies where a person is convicted before
the Royal Court, but shall not apply to the hearing by the Royal Court of an
appeal from a decision of the Police Court.
(10) In
this Article, the expression “witness” means a person properly
attending to give evidence, whether or not he gives evidence ; and a person
called to give evidence at the instance of the court may, whether or not he is
a witness for the defence, be made the subject of an order under paragraph (5)
of this Article.
ARTICLE 3
POWER OF SUPERIOR NUMBER OF ROYAL COURT OR COURT OF APPEAL TO AWARD
COSTS
(1) The
Superior Number of the Royal Court or the Court of Appeal may, when it
dismisses an appeal, or application for leave to appeal, under Part III of the
Court of Appeal (Jersey) Law, 1961, order the
appellant to pay the whole or any part of the costs of the appeal or
application, including the cost of any transcript of the shorthand notes of the
proceedings at the trial made in accordance with a direction given by the
Judicial Greffier under Article 40 of the said Law.
(2) The
Court of Appeal may, when it allows an appeal against a conviction, order the
payment out of public funds of such sums as appear to the court reasonably
sufficient to compensate the appellant for any expenses properly incurred in
the prosecution of his appeal, including any proceedings preliminary or
incidental thereto, or in carrying on his defence.
The amount of costs that the court has ordered to be paid under
this paragraph shall as soon as practicable be ascertained by the Judicial
Greffier.
(3) Whether
or not the court makes an order under the provisions of this Article, there
shall be defrayed out of public funds, up to an amount allowed by the court
–
(a) where, by reason of the
insufficiency of the appellant’s means, an advocate has been assigned to
him, the fees and expenses of the advocate ;
(b) the expenses of any
witness attending on the order of the court, or examined in any proceedings
incidental to an appeal in the court ;
(c) the expenses of the
appearance of the appellant on the hearing of his appeal or on any proceedings
preliminary or incidental to the appeal ;
(d) the expenses of and
incidental to any examination of witnesses conducted by a person appointed by
the court for the purpose, or of any reference of a question to a special
commissioner appointed by the court ; and
(e) the expenses of any
person appointed as assessor to the court.
(4) Except
as provided in this Article, no costs shall be allowed on the hearing or
determination of an appeal, or of any proceedings preliminary or incidental to
an appeal, under Part III of the Court of Appeal (Jersey) Law, 1961.
ARTICLE 4
PAYMENT OF COSTS ORDERED TO BE PAID OUT OF PUBLIC FUNDS
As soon as the amount due to any person as costs ordered or allowed
under this Law to be paid out of public funds has been ascertained, the
Judicial Greffier shall make out and deliver to that person, or to any person
appearing to be acting on behalf of that person, an order on the Treasurer of
the States for the payment of that amount, and the Treasurer of the States
shall, upon sight of the order, pay to the person named therein, or his duly
authorized agent, the sum specified in the order.
ARTICLE 5
ENFORCEMENT OF COSTS PAYABLE BY ACCUSED
(1) Where
the Royal Court orders the payment of costs by the accused under this Law, the
payment shall be enforceable in the same manner as an order for the payment of
costs made by the Royal Court in a civil case or out of any money taken from
the accused on arrest so far as the court directs.
(2) Where
the Court of Appeal orders the payment of costs by the appellant under this
Law, the payment shall be enforceable in the same manner as an order for the
payment of costs made by the Royal Court in a civil case.
(3) Where
the Police Court orders the payment of costs by the accused under this Law, the
payment shall be enforceable as a sum adjudged to be paid by the conviction.
(4) Where
the Royal Court or the Police Court orders the payment of costs by the accused
and also orders the payment of costs out of public funds, the costs, so far as
they are payable under both orders, shall be primarily payable out of those
funds ; and the court shall give notice to the Treasurer of the States of the
order for the payment of costs by the accused.
(5) To
the extent that any costs are primarily payable out of public funds under this
Law and have been paid out of those funds, payment of the costs shall be
enforceable under this Article by the Treasurer of the States ; but, except as
aforesaid, payment of costs shall be enforceable under this Article by the person
to whom they are ordered to be paid :
Provided that this paragraph shall not apply where the payment of
the costs is enforceable under this Article as a sum adjudged to be paid by the
conviction of the Police Court.
ARTICLE 6
REGULATIONS
The States may make regulations generally for carrying this Law
into effect and, in particular, may by such regulations prescribe the rates or
scales of payment of any costs payable out of public funds under this Law and
the conditions under which such costs may be allowed.
ARTICLE 7
SAVING
Nothing in this Law shall affect the provision in any enactment for
the payment of the costs of the prosecution or defence of any offence out of
any assets, money or funds other than public funds, or by any person other than
the defendant.
ARTICLE 8
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Costs in Criminal Cases (Jersey) Law, 1961.
(2) This
Law shall come into force on such day as the States may by Act appoint.
F. DE L. BOIS,
Greffier of the States.