Criminal
Procedure (Consequential and Supplementary Amendments) (Jersey) Regulations
2021
Made 22nd July 2021
Coming into
force in accordance with Regulation 26
1 Children (Jersey) Law 2002 amended
For Article 67(1) (Rules
of Court) of the Children (Jersey) Law 2002
there is substituted –
“(1) Rules
of Court to give effect to this Law, any enactment made under this Law or any
amendment made by this Law to any other enactment, may be made by –
(a) the Superior Number of
the Royal Court, with the advice and assistance of the Rules Committee; or
(b) if the Criminal Procedure
Rules Committee considers it appropriate, the Criminal Procedure Rules
Committee.”.
2 Covid-19 (Emergency Provisions – Courts) (Jersey) Regulations 2020 amended
In Regulation 2(1)(d)
of the Covid-19 (Emergency Provisions – Courts) (Jersey)
Regulations 2020 (Bailiff may determine
certain matters sitting alone), for “Article 17 of the Magistrate’s
Court (Miscellaneous Provisions) (Jersey) Law 1949” there is substituted “Article 33 of the Criminal
Procedure (Jersey) Law 2018”.
3 Criminal Justice (Compensation
Orders) (Jersey) Law 1994
In Article 6 (appeals) of the Criminal Justice
(Compensation Orders) (Jersey) Law 1994 –
(a) in paragraph (3),
for “Article 17 of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949” there is substituted
“Article 33 of the Criminal Procedure (Jersey)
Law 2018”;
(b) for paragraph (4)
there is substituted –
(c) in paragraph (6),
for “Article 18(1) of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949” there is substituted
“Article 34(1) of the Criminal Procedure (Jersey)
Law 2018”.
4 Criminal Justice (Evidence and Procedure) (Jersey) Law 1998 amended
In Article 7 of the Criminal Justice (Evidence and Procedure) (Jersey) Law 1998 (notice of expert evidence
in Royal Court) –
(a) in the heading, “in Royal
Court” is deleted;
(b) in paragraph (1)(a)
for “before the Royal Court” there is substituted “before the court”.
5 Criminal Justice (Young Offenders) (Jersey) Law 2014 amended
In Article 29(2) of the Criminal Justice (Young
Offenders) (Jersey) Law 2014 (appeals from Youth Court), for “Part 5 of
the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949” there is substituted
“Articles 33 to 41 of the Criminal Procedure (Jersey)
Law 2018”.
6 Criminal Procedure (Centeniers) (Jersey)
Law 1996 amended
In Article 4 of the Criminal Procedure (Centeniers) (Jersey) Law 1996 (extension of functions etc.
of Centenier) for “Articles 14, 15, 21, 22 and
23 of the Loi (1864) réglant la Procédure
Criminelle” there is substituted “Article 23 of the Criminal Procedure (Jersey)
Law 2018”.
7 Criminal Procedure (Jersey) Law 2018 amended
(1) This Regulation amends the Criminal Procedure (Jersey)
Law 2018.
(2) In Article 21(3) (offence of failing
to comply with summons) for “convicted summarily” there is substituted “tried summarily”.
(3) In Article 75(10) (verdicts) for “No
judgment after the verdict shall be liable” there is substituted “After a
verdict is delivered, that verdict is not liable”.
(4) In Article 80 (discontinuance of
proceedings) –
(a) paragraph (3) is deleted;
(b) after paragraph (6) there
is inserted –
“(6A) The proceedings in respect of the specified
offence are discontinued with effect from –
(a) 14 days
after the date that a notice under paragraph (2) is given to the
Magistrate’s Court or Judicial Greffier, as the case
may be; or
(b) if,
before the proceedings are discontinued under sub-paragraph (a), the defendant
notifies the court that the defendant does not intend to serve a notice under
paragraph (5), the date of that notification.
(6B) A record must be made noting that the
proceedings are discontinued.”.
(5) In Article 83 (duty to give defence
case statement) –
(a) in paragraph (1)(b)
for “Article 82(3)” there is substituted “Article 82(1)”;
(b) in paragraph (5)(a)
for “representatives” there is substituted “representative”.
(6) In Article 98(6)(a) (issue of witness
summons on application to the court) for “paragraph (1)(a)” there is
substituted “paragraph (1)”.
(7) In Article 103(3) (defendant charged
with certain offences – prohibition of cross-examination by defendant in
person) after sub-paragraph (e) there is inserted –
(8) In Article 105 (defendant’s
representative for purposes of cross-examination) –
(a) in paragraphs (2)
and (3), in each place in which it occurs, for “a legal representative” there
is substituted “an advocate”;
(b) in paragraph (3),
for “no legal representative” there is substituted “no advocate”.
(9) In the sub-heading to Part 12,
“wasted” is deleted.
(10) In Article 112 (Criminal Procedure
Rules), after paragraph (2), there is inserted –
“(3) The Criminal Procedure Rules Committee may make Criminal
Procedure Rules in relation to any matter connected to the following enactments
that the Criminal Procedure Rules Committee sees appropriate –
(11) In Schedule 1 paragraph (7)(j) for
“or (e)” there is substituted “, (e) or (ea)”.
(12) In Schedule 2 paragraph 12(2) for “retried”
there is substituted “indicted”.
8 Dogs (Jersey) Law 1961 amended
In the Dogs (Jersey) Law 1961 –
(a) Article 11C(6) is
deleted;
(b) in Article 12 (Rules
of Court), for “Article 29 of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949, and under Article 13
of the Royal Court (Jersey) Law 1948,” there is substituted
“Article 112 of the Criminal Procedure (Jersey)
Law 2018, and under Article 13 of the Royal Court (Jersey) Law 1948, as the case may be”.
9 Extradition (Jersey) Law 2004 amended
In the Extradition (Jersey) Law 2004 –
(a) for Article 14(1)(a)
there is substituted –
(b) in Schedule 2, for
paragraph 1(1)(a) there is substituted –
10 Human Rights (Jersey) Law 2000 amended
In Article 3(2)(a) (interpretation of Convention rights) of the
Human Rights (Jersey) Law 2000 after “made by the Royal
Court” there is inserted “or by the Criminal Procedure Rules Committee”.
11 Inquests and Post-Mortem Examinations (Jersey) Law 1995
In Article 7(2) of the Inquests and Post-Mortem
Examinations (Jersey) Law 1995 (jury) –
(a) for “is capable of
serving” there is substituted “is eligible to serve”;
(b) for “Article 1 of
the Loi (1912) sur la procédure devant la Cour Royale” there is substituted
“Article 63 of the Criminal Procedure (Jersey)
Law 2018”.
12 International Criminal Court (Jersey) Law 2014 amended
In the International Criminal Court (Jersey) Law 2014 –
(a) in Article 5(9)
(proceedings for delivery order) for “Article 2 of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949” there is substituted
“Article 15 of the Criminal Procedure (Jersey)
Law 2018”;
(b) for Article 38(5)(d)
(detention in Jersey in pursuance of ICC sentence) there is substituted –
“(d) the
Criminal Procedure (Jersey) Rules 202-;”.
13 Magistrate’s Court and Petty Debts Court (Location) (Jersey) Act
2006 amended
In the Magistrate’s Court and Petty Debts Court (Location) (Jersey) Act 2006 –
(a) for the short title there
is substituted “Petty Debts Court (Location) (Jersey) Act 2006”;
(b) in the enacting words
“Article 1 of the Loi (1853) établissant la Cour pour la répression des moindres délits and” is deleted;
(c) in Article 1
(location for sittings of Courts) “Article 1 of the Loi
(1853) établissant la Cour pour la répression des moindres délits
and” is deleted;
(d) in Article 2
(citation) “Magistrate’s Court and” is deleted.
14 Motor Vehicles (Removal from Private Land) (Jersey) Law 2019 amended
In Article 6 of the Motor Vehicles (Removal from Private Land) (Jersey) Law 2019 (Rules of Court), “Article 29
of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949, and under” is deleted.
15 Police Procedures and Criminal Evidence (Jersey) Law 2003 amended
In the Police Procedures and Criminal Evidence (Jersey) Law 2003 –
(a) after Article 28
there is inserted –
“28A Person may not be detained in custody without authorisation
(1) A
person arrested by a police officer on suspicion of having committed an offence
may not be detained in custody in prison unless that police officer receives an
authorisation which complies with Rule 3(2) of the Prison (Jersey) Rules 2007 and which is signed by the
Magistrate, a Jurat or the Bailiff.
(2) The
police officer receiving that authorisation must provide it to an officer of
the prison at the same time as delivering the arrested person.”;
(b) in Article 76(2)(b)
(exclusion of unfair evidence) “or proceedings pursuant to Article 19 of
the Loi (1864) réglant la Procédure
Criminelle” is deleted.
16 Prison (Jersey) Rules 2007 amended
In Rule 3 of the Prison (Jersey) Rules 2007 –
(a) in paragraphs (1) and (3)
for “a warrant” there is substituted “an authorisation”;
(b) in paragraphs (2) and (6)
for “warrant” there is substituted “authorisation”;
(c) in paragraph (3) for
“Article 13 of the Loi (1864) réglant la Procédure
Criminelle” there is substituted “Article 28A of the Police Procedures and
Criminal Evidence (Jersey) Law 2003”.
17 Proceeds of Crime (Jersey) Law 1999 amended
In the Proceeds of Crime (Jersey) Law 1999 –
(a) in Article 1(3)
(interpretation) –
(i) in sub-paragraph (c)
for “at the instance of” there is substituted “by or with the approval of”,
(ii) sub-paragraph (d)
is deleted;
(b) in Article 18(3)
(interest on sums unpaid under confiscation orders), for “the Royal Court shall
from time to time by Rules of Court prescribe” there is substituted “is
prescribed by Rules of Court”.
18 Protection of Children (Jersey) Law 1994 amended
In Article 4(3) of the Protection of Children (Jersey) Law 1994 (entry, search and seizure) the
definition “Magistrate” is deleted.
19 Public Employees (Pensions) (Jersey) Law 2014 amended
In Article 1(2)(d) of the Public Employees (Pensions) (Jersey) Law 2014 (interpretation) “(within the
meaning of Article 1(1) of Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949)” is deleted.
20 Repatriation of Prisoners (Jersey) Law 2012 amended
Article 16 of the Repatriation of Prisoners
(Jersey) Law 2012 (Rules of Court) is deleted.
21 Road Traffic (Jersey) Law 1956 amended
For Article 14(2)(a) of the Road Traffic (Jersey) Law 1956 (disqualification for offences and
endorsement of convictions) there is substituted –
“(a) the
Magistrate’s Court –
(i) under Articles 25(3)(a),
25(3)(c) or 29(3) of the Criminal Procedure (Jersey)
Law 2018, sends a person to the Royal Court for trial in respect of any
offence specified in Schedule 1 to which that person has pleaded guilty,
or
(ii) under Articles 27(1)
or 29(3) of the Criminal Procedure (Jersey)
Law 2018, sends a person to the Royal Court to be sentenced for any offence
specified in Schedule 1 after finding that person guilty; or”.
22 Sex Offenders (Jersey) Law 2010 amended
In Article 29 of the Sex Offenders (Jersey) Law 2010 (Rules of Court) –
(a) for paragraph (1) there
is substituted –
“(1) The
Criminal Procedure Rules Committee may make Rules of Court necessary or
convenient to give effect to this Law.”;
(b) in paragraph (2) –
(i) for sub-paragraph (a)
there is substituted –
(ii) sub-paragraph (b)
is deleted.
23 Sexual Offences (Jersey) Law 2018 amended
In the Sexual Offences (Jersey) Law 2018 –
(a) for Article 41 (jury
trials and mixed indictments) there is substituted –
“41 Jury trials and mixed indictments
(a) an
offence under Part 2, 3 or 4 is to be treated as if that offence were an
offence under customary law rather than an offence under statutory law; and
(b) on
an indictment falling within paragraph (2), the Royal Court is to decide, having
regard to the nature and gravity of the offences and after hearing any
submissions from the defence and the prosecution, the method by which the
defendant is to be tried.
(2) An
indictment falls within this paragraph if it charges 2 or more offences, of
which –
(i) an offence under
customary law, or
(ii) an offence under
statutory law that is to be treated as an offence under customary law under
paragraph (1)(a);
(b) at
least one other is an offence under statutory law (whether under this Law or
any other enactment) that is not to be treated as an offence under customary
law under paragraph (1)(a); and
(c) at
least one, whether falling within sub-paragraph (a)(ii) or (b), is an
offence under any Part of this Law.”;
(b) in Article 43(4)
(evidence as to sexual history) –
(i) for sub-paragraph (a)
there is substituted –
(ii) sub-paragraph (b)
is deleted.
24 Terrorism (Jersey) Law 2002 amended
In the Terrorism (Jersey) Law 2002 –
(a) in Article 10
(appeal: effect on conviction, etc.) –
(i) in
paragraph (6)(c) for “Article 24 of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949” there is substituted
“Article 37 of the Criminal Procedure (Jersey)
Law 2018”;
(ii) in paragraph (7)(b)
for “Article 17(1)(b) of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949” there is substituted
“Article 33(2)(b) of the Criminal Procedure (Jersey)
Law 2018”.
(b) in Schedule 3, in paragraph 3(8)(c)
(restraint orders) for “at the instance of the Attorney General or in
accordance with Article 9 of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949” there is substituted “in
accordance with Article 19 of the Criminal Procedure (Jersey)
Law 2018”.
25 Repeals
The following enactments are repealed –
(a) the Criminal Procedure (Bail) Rules 2019;
(b) the Criminal Procedure
(Statements and Evidence) (Jersey) Rules 2019;
(c) the Criminal Procedure (Notice of
Expert Evidence) Rules 2000;
(d) the Criminal Procedure (Taking
Offences into Consideration) Rules 2000;
(e) the Criminal Procedure (Tirage) Rules 2002;
(f) the Criminal Proceedings (Computation of Sentences)
Rules 1968;
(g) the Evidence (Television and
Video Recordings) Rules 2006;
(h) the Indictments Rules 1972;
(i) the Loi (1844) concernant le perception d’amendes;
(j) the Magistrate’s Court Appeals
(Costs) Rules 1972;
(k) the Magistrate’s Court (Service
of Summons) Rules 2011;
(l) the Police Procedures and
Criminal Evidence (Variation of Bail Conditions) Rules 2019;
(m) the Sex Disqualification
(Removal) (Jersey) Law 1957;
(n) the Terrorism (Enforcement of
British Islands Orders) Rules 2003.
26 Citation and commencement
These Regulations may be cited as the Criminal Procedure
(Consequential and Supplementary Amendments) (Jersey) Regulations 2021 and come
into force at the same time as Article 103 of the Criminal Procedure (Jersey)
Law 2018.