Jersey Law 41/1998

 

COURT OF APPEAL (AMENDMENT No. 7) (JERSEY) LAW 1998

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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

 

17th day of NOVEMBER 1998

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(Registered on the 18th day of December 1998)

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STATES OF JERSEY

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The 28th day of July 1998

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

ARTICLE 1

In Article 5 of the Court of Appeal (Jersey) Law 1961,1 as amended (hereinafter referred to as “the principal Law”) for the word “Schedule” there shall be substituted the words “First Schedule”.

ARTICLE 2

In Article 25 of the principal Law2 –

(a)     in paragraph (1) for the words “On any appeal” there shall be substituted the words “Subject to the following provisions of this Part of this Law, on any appeal”;

(b)     in paragraph (2) for the word “special” there shall be substituted the word “following”.

ARTICLE 3

After Article 26 of the principal Law,3 there shall be inserted the following Article –

“ARTICLE 26A

Power to order retrial

(1)          Where the Court of Appeal allows an appeal against conviction and it appears to the Court that the interests of justice so require, it may order the appellant to be retried on a fresh indictment to be brought in the Royal Court within the period of two months of the making of the order or such further period for which it may give leave for the indictment to be brought.

(2)          A person shall not under this Article be ordered to be retried for any offence other than –

(a)     the offence of which he was convicted at the original trial and in respect of which his appeal is allowed as mentioned in paragraph (1) of this Article;

(b)     an offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence; or

(c)     an offence charged in an alternative count of the indictment in respect of which the Jurats or the jury, as the case may be, were discharged from giving a verdict in consequence of convicting him of the first-mentioned offence.

(3)          The Court of Appeal may, on ordering a retrial, make such orders as appear to it to be necessary or expedient –

(a)     for the custody or release on bail of the person ordered to be retried pending his retrial; or

(b)     for the retention pending the retrial of any property or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.

(4)          If the person ordered to be retried was, immediately before the determination of his appeal, liable to be detained in pursuance of an order or direction under the Mental Health (Jersey) Law 1969, as amended, that order or direction shall continue in force pending the retrial as if the appeal had not been allowed and any order made by the Court of Appeal under this Article for his custody or release on bail shall have effect subject to the said order or direction.

(5)          The Second Schedule to this Law shall have effect with respect to the procedure in the case of a person ordered to be retried, the sentence which may be passed if the retrial results in his conviction and the order for costs which may be made if he is acquitted.”.

ARTICLE 4

The Schedule to the principal Law4 shall be redesignated as the First Schedule thereof and, after the said First Schedule, there shall be inserted the Schedule set out in the Schedule to this Law.

ARTICLE 5

This Law may be cited as the Court of Appeal (Amendment No. 7) (Jersey) Law 1998.

 

G.H.C. COPPOCK

 

Greffier of the States.

SCHEDULE

(Article 4)

“SECOND SCHEDULE

(Article 26A(5))

Powers, procedure etc. upon retrial

1.             On a retrial, a transcript of the record of the evidence given by any witness at the original trial may, with the leave of the Royal Court, be read as evidence –

(a)     by agreement between the parties; or

(b)     if the Royal Court is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success,

and in either case may be so read without further proof if the Royal Court is satisfied that the transcript is a true and accurate record of the witness’s evidence at the trial.

2.             Where a person ordered to be retried is again convicted on retrial, the Royal Court may pass in respect of the offence any sentence authorized by law, not being a sentence of greater severity than that passed on the original conviction.

3.             Without prejudice to its power to impose any other sentence, the Royal Court may pass in respect of the offence any sentence passed in respect of that offence on the original conviction notwithstanding that, on the date of the conviction on retrial, the offender has ceased to be of an age at which such a sentence could otherwise be passed.

4.-(1)  Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when a like sentence passed at the original trial would have begun to run; but in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded –

(a)     any time before his conviction on retrial which would have been disregarded in computing that term or period if the sentence had been passed at the original trial and the original conviction had not been quashed; and

(b)     any time during which he was released on bail under paragraph (3) of Article 26A of this Law.

(2)     The Criminal Proceedings (Computation of Sentences) (Jersey) Rules 1968 shall apply to any sentence imposed on conviction on retrial as if it had been imposed on the original conviction.

5.             Where a person ordered to be retried is acquitted at his retrial, the costs which may be ordered to be paid out of public funds under the Costs in Criminal Cases (Jersey) Law 1961, as amended, shall include –

(a)     any costs which, at the original trial or prosecution, could have been ordered to be so paid under Article 2 of that Law if he had been acquitted; and

(b)     if no order was made under Article 3 of that Law in respect of his expenses on appeal, any sums for the payment of which such an order could have been made.”.