Criminal Jurisdiction Act 1993


Published: 2015-01-01

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Criminal Jurisdiction Act 1993

c i e
AT 9 of 1993

CRIMINAL JURISDICTION ACT 1993

Criminal Jurisdiction Act 1993 Index


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c i e
CRIMINAL JURISDICTION ACT 1993

Index Section Page

Courts of General Gaol Delivery 7

1 Courts of General Gaol Delivery .................................................................................. 7
Informations 8

2 Commencement of proceedings on information ........................................................ 8
3 Form of information ....................................................................................................... 8
4 Amendment of information .......................................................................................... 9
5 Information of second or subsequent offence ........................................................... 10
6 Offences committed at sea ........................................................................................... 10
Pleas 11

7 Plea of guilty .................................................................................................................. 11
8 Plea of not guilty ........................................................................................................... 12
9 Unfitness to plead ......................................................................................................... 12
10 Plea by corporation ....................................................................................................... 13
Procedure: general 14

11 Power to adjourn .......................................................................................................... 14
12 Right of reply ................................................................................................................. 14
Evidence 14

13 Competence of witnesses ............................................................................................. 14
14 Admission of deposition: general ............................................................................... 14
15 Admission of deposition of absent witness .............................................................. 15
16 Admissions of fact ........................................................................................................ 16
17 Evidence by mentally handicapped persons ............................................................ 16
18 Technical evidence ........................................................................................................ 17
19 Evidence of mental disorder ....................................................................................... 17
Verdict 18

20 No acquittal because facts show greater offence ...................................................... 18
21 Acquittal on grounds of insanity ................................................................................ 18
22 Alternative verdicts ...................................................................................................... 19
Sentence 20

23 Sentence on person convicted ..................................................................................... 20
Index Criminal Jurisdiction Act 1993


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24 Power to adjourn for reports ...................................................................................... 21
25 Discretion as to penalties ............................................................................................. 22
26 Consecutive sentences ................................................................................................. 22
27 Custody for non-payment of fine etc ......................................................................... 23
28 Power to dispense with immediate payment ........................................................... 23
28A Remission of fines......................................................................................................... 24
29 Order on conviction of mentally disordered person ............................................... 24
Appeals 25

30 Right of appeal .............................................................................................................. 25
31 Appeal procedure ......................................................................................................... 26
32 Custody etc pending appeal ....................................................................................... 27
33 Determination of appeals ............................................................................................ 28
34 Substitution of verdict or sentence ............................................................................ 28
35 Appeals in case of insanity or disability ................................................................... 29
36 Appeals in case of insanity or disability: supplemental ......................................... 30
37 Supplemental powers of appeal court ...................................................................... 31
38 Restitution and compensation .................................................................................... 33
39 Reference to appeal court after conviction etc ......................................................... 33
40 Reference to appeal court after acquittal .................................................................. 34
41 Reference of sentence to appeal court ....................................................................... 34
42 Custody etc pending review ....................................................................................... 35
42A Criminal appeals in respect of pre-trial rulings ....................................................... 35
43 Powers exercisable by single judge............................................................................ 36
44 Compliance with rules of court .................................................................................. 37
45 Meaning of “sentence” in ss 30- 44 ............................................................................ 37
Retrial 37

46 Retrial of appellant ....................................................................................................... 37
47 Sentence on conviction on retrial ............................................................................... 39
Costs 39

48 Award of costs against prosecution or defence ....................................................... 39
49 Costs of defective information.................................................................................... 40
50 Award of trial costs out of public funds ................................................................... 40
51 Award of costs where defendant is not tried ........................................................... 41
52 Award of costs on appeal ............................................................................................ 41
53 Payment of costs out of public funds ........................................................................ 42
Mentally disordered persons 42

54 Orders relating to mentally disordered persons ...................................................... 42
54A Remand to hospital for report or treatment ............................................................. 44
54B Supervision and treatment orders: supplemental ................................................... 44
54C Power to make hospital and limitation directions................................................... 46
Miscellaneous and supplemental 47

55 Information for libel ..................................................................................................... 47
56 Power to re-open case to rectify mistake .................................................................. 48
56A Sealed orders ................................................................................................................. 48
Criminal Jurisdiction Act 1993 Index


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57 Rules of court ................................................................................................................. 49
58 Forfeiture of recognizances ......................................................................................... 49
59 Interpretation ................................................................................................................. 49
60 Transitional provisions, amendments and repeals .................................................. 50
61 Short title and commencement ................................................................................... 50
SCHEDULE 1 51

MAXIMUM TERM OF CUSTODY FOR NON-PAYMENT OF FINES ETC. 51
SCHEDULE 1A 51

REMAND TO HOSPITAL FOR REPORT OR TREATMENT 51
SCHEDULE 2 54

TRANSITIONAL PROVISIONS 54
SCHEDULE 3 56

AMENDMENT OF ENACTMENTS 56
SCHEDULE 4 56

ENACTMENTS REPEALED 56
ENDNOTES 59

TABLE OF LEGISLATION HISTORY 59
TABLE OF RENUMBERED PROVISIONS 59
TABLE OF ENDNOTE REFERENCES 59

Criminal Jurisdiction Act 1993 Section 1


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c i e
CRIMINAL JURISDICTION ACT 1993

Received Royal Assent: 16 June 1993
Passed: 7 July 1993
Commenced: 1 October 1993
AN ACT
to re-enact with amendments the enactments relating to Courts of
General Gaol Delivery and appeals therefrom; and for connected purposes.
Courts of General Gaol Delivery
1 Courts of General Gaol Delivery

(1) Courts of General Gaol Delivery shall continue to sit for the purpose
of —
(a) trying offences on information;
(b) dealing with offenders committed for sentence under section 17 of
the Summary Jurisdiction Act 1989 (the 1989 Act); and
(c) exercising any other jurisdiction conferred on them by any
statutory provision.
(2) The president of the High Court shall from time to time assign a judge of
the High Court to be judge of such a court.
(3) A court shall sit at such times and places as the judge assigned to the
court may in accordance with any directions of the First Deemster
appoint, and at such sittings all persons against whom information has
been duly preferred shall be arraigned and tried.1

(4) Subsection (3) is without prejudice to the power of a court to postpone a
trial for sufficient cause.
(5) Any order made by a court may be signed by the judge of the court.
Section 2 Criminal Jurisdiction Act 1993


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Informations
2 Commencement of proceedings on information

[P1987/38/4]
(1) Proceedings in a court for trial of an offence triable on information shall
be commenced by an information preferred by the Attorney General in
the name and on behalf of Her Majesty.
(2) The information shall be lodged in the General Registry, and 14 clear
days before the date on which the defendant is arraigned —
(a) a certified copy shall be served on the defendant or sent to him by
registered post or the recorded delivery service, and
(b) a certified copy shall be sent to his advocate (if any).
(3) An information may be preferred by the Attorney General —
(a) on the committal of the defendant in accordance with Part II of
the 1989 Act;
(b) on a direction of the Appeal Division under section 33(3)(b); or
(c) of his own motion.
(4) An information preferred under subsection (3)(a) need not be confined to
the offences for which the defendant is committed, but may include any
offences with which the Attorney General thinks it proper to charge him
and which may lawfully be joined in the same information, either in
substitution for or in addition to those offences.
(5) An information may not be preferred under subsection (3)(c) unless the
Attorney General certifies in writing that in his opinion the evidence of
the offence charged —
(a) would be sufficient for the defendant to be committed for trial;
and
(b) reveals a case of such seriousness or complexity that its
management should without delay be taken over by the court;
and a certificate under this subsection shall not be subject to appeal or
liable to be questioned in any court.
(6) This section does not apply to proceedings for an offence under
section 79 (defamatory libel) of the Criminal Code 1872.
3 Form of information

(1) An information shall contain a statement of the specific offence or
offences of which the defendant is charged, together with such
particulars as are necessary for giving reasonable information as to the
nature of the charge.
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(2) Subject to subsection (1), rules of court may provide for the form and
content of informations.
4 Amendment of information

(1) Where before trial or at any stage of the trial, it appears to the court that
an information is defective, the court shall make such order for the
amendment of the information as it thinks necessary to meet the
circumstances of the case, unless the required amendments cannot be
made without injustice.
(2) Where an information is amended, a note of the order under
subsection (1) shall be endorsed on the information, which shall be
treated for the purposes of the trial and all proceedings in connection
with the trial as if it had always been in its amended form.
(3) Where before trial or at any stage of the trial, it appears to the court —
(a) that a defendant may be prejudiced or embarrassed in his defence
by reason of being charged with more than one offence in the
same information, or
(b) that for any other reason it is desirable to direct that he should be
tried separately for any one or more offences in the information,
the court may order a separate trial of any count or counts in the
information.
(4) Where before trial or at any stage of the trial, it appears to the court that
the trial ought to be postponed as a consequence of an order under
subsection (1) or (3), the court shall make such order as to the
postponement of the trial as appears necessary.
(5) Where the court makes an order under subsection (3) or (4) —
(a) if the order is made during a trial, the court may order that the
jury be discharged from giving a verdict on the count or counts
the trial of which is postponed or on the information, as the case
may be;
(b) the procedure on a separate trial of a count shall be the same in all
respects as if the count had been found on a separate information;
(c) the procedure on a postponed trial (if the jury has been
discharged) shall be the same in all respects as if the trial had not
commenced;
(d) the court may make such order as to costs, the admission of the
defendant to bail, the enlargement of recognizances and otherwise
as the court thinks fit.
(6) Any power of the court under this section is in addition to and not in
derogation of any other power of the court for the same or similar
purposes.
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5 Information of second or subsequent offence

[IV p160/406]
(1) In an information of an offence under a statutory provision committed
after a previous conviction for an offence, it is sufficient, after charging
the subsequent offence, to state that the defendant was at a certain time
and place convicted of the previous offence as described in the statutory
provision, without further description.
(2) The defendant shall in the first instance be arraigned upon so much only
of the information as charges the subsequent offence, and if he pleads not
guilty or the court enters a plea of not guilty on his behalf, the jury shall
be charged in the first instance to inquire concerning the subsequent
offence only.
(3) Subject to subsection (4), if the defendant pleads guilty, or the jury finds
him guilty, he shall then, and not before, be asked whether he has been
previously convicted as alleged in the information; and
(a) if he admits that he has been so previously convicted, the court
may proceed to sentence him accordingly;
(b) if he —
(i) denies that he has been so previously convicted, or
(ii) does not answer directly to the question,
the jury shall then be charged to inquire concerning the previous
conviction, and need not be sworn again.
(4) If on the trial of the defendant for the subsequent offence he gives
evidence of his good character, the prosecutor may give evidence of the
previous conviction before the verdict is returned, and the jury shall
inquire concerning the previous conviction at the same time as they
inquire concerning the subsequent offence.
(5) A certificate containing the substance and effect of the conviction,
purporting to be signed —
(a) by the Chief Registrar, in the case of a conviction on information;
(b) in accordance with section 69 of the 1989 Act, in the case of a
summary conviction; or
(c) by the clerk or other proper officer of the court, in the case of a
conviction in the United Kingdom;
shall on proof of the identity of the defendant be sufficient evidence of
the conviction without proof of the signature or official character of the
person appearing to have signed it.
6 Offences committed at sea

[VI p389/29]
(1) An offence triable on information committed —
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(a) within the seaward limits of the territorial sea adjacent to the
Island, or
(b) on a British ship whilst at sea but first arriving in the Island after
the commission of the offence,
may be tried and punished as if it had been committed within the Island.
(2) In an information for or relating to an offence referred to in subsection (1)
the offence shall be averred to have been committed at sea.
(3) In this section “British ship” means —
(a) a Manx ship within the meaning of the Merchant Shipping
Registration Act 1991; and
(b) any other ship which is a British ship within the meaning of
section 2 of the Merchant Shipping Act 1988 (an Act of
Parliament), as it has effect in the United Kingdom.
Pleas
7 Plea of guilty

[1981/20/10(6); 1974/34/48(2); IV p160/386]
(1) If a person, being arraigned on an information for an offence, pleads
guilty of the offence, his plea shall be taken and sentence shall be
pronounced in the same manner as if he had been found guilty by a jury.
(2) Where a person arraigned on an information —
(a) pleads not guilty of an offence charged in the information but
guilty of some other offence of which he might be found guilty on
that charge, and
(b) is convicted on that plea of guilty without trial for the offence of
which he has pleaded not guilty,
his conviction of the one offence is an acquittal of the other, whether or
not the 2 offences are separately charged in distinct counts.
(3) Where a person arraigned on an information for an offence pleads guilty
to the offence, and the court is satisfied —
(a) that he did the act or made the omission charged against him, and
(b) that it would have power under section 29, on convicting him of
that offence, to deal with him as being a person suffering from
mental illness or severe mental impairment within the meaning of
the Mental Health Act 1998 (“the 1998 Act”),2

the court may deal with him in accordance with section 54 without
convicting him.
Section 8 Criminal Jurisdiction Act 1993


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8 Plea of not guilty

[IV p160/385 and 387; 1981/20/10 (1), (7), 11]
(1) Subject to section 7(2) and subsection (2), if a person, being arraigned on
an information for an offence, pleads not guilty of the offence, the court
shall order a jury for his trial.
(2) If a person so arraigned pleads not guilty and the prosecutor proposes to
offer no evidence against him, the court may order that a verdict of not
guilty be recorded without the defendant being given in charge to a jury,
and the verdict shall have the same effect as if he had been tried and
acquitted on the verdict of a jury.
(3) If a person so arraigned does not answer directly to the information, the
court may enter a plea of not guilty on his behalf.
(4) A plea of not guilty entered by the court shall have the same effect as if
the defendant had actually pleaded not guilty.
(5) A person arraigned on information —
(a) may in all cases make a plea of not guilty in addition to any
demurrer or special plea;
(b) may plead not guilty of the offence specifically charged in the
information but guilty of another offence of which he might be
found guilty on that information.
(6) This section applies to an information containing more than one count as
if each count were a separate information.
9 Unfitness to plead

[P1964/84/4, 4A; P1991/25/2]
(1) Subject to subsections (2) and (3), where on the trial of a person on
information the question arises (at the instance of the defence or
otherwise) whether the defendant is under disability, that question shall
be determined by a jury as soon as it arises.
(2) If the court, having regard to the nature of the supposed disability,
thinks that it is expedient to do so and in the interests of the defendant, it
may postpone consideration of that question until any time up to the
opening of the case for the defence.
(3) If before that question falls to be determined the jury return a verdict of
acquittal on the count or each of the counts on which the defendant is
being tried, that question shall not be determined.
(4) Where the question whether the defendant is under disability falls to be
determined on the arraignment of the defendant and the trial proceeds,
he shall be tried by a jury other than that which determined that
question.
Criminal Jurisdiction Act 1993 Section 10


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(5) Where that question falls to be determined after the defendant’s
arraignment, it may be determined either by a separate jury or by the
jury by whom he is being tried, as the court may direct.
(6) Where it is determined in accordance with this section that the defendant
is under disability, the trial shall not proceed or further proceed, but it
shall be determined by a jury —
(a) on the evidence (if any) already given in the trial; and
(b) on such evidence as may be adduced or further adduced by the
prosecution, or by a person appointed by the court to put the case
for the defence,
whether they are satisfied, as respects the count or each of the counts on
which the defendant was to be or was being tried, that he did the act or
omission charged against him as the offence.
(7) If as respects that count or any of those counts —
(a) the jury are so satisfied, they shall make a finding that the
defendant did the act or made the omission charged against him;
and
(b) if they are not so satisfied, they shall return a verdict of acquittal
as if on the count in question the trial had proceeded to a
conclusion.
(8) A determination under subsection (6) shall be made —
(a) where the question whether the defendant is under disability was
determined on the arraignment of the defendant, by a jury other
than that which determined that question;
(b) where that question was determined later, by the jury by whom
the defendant was being tried.
(9) Where findings are recorded that the defendant is under disability and
that he did the act or omission charged against him, the court shall deal
with him in accordance with section 54.
10 Plea by corporation

(1) A corporation arraigned on information may enter a plea of guilty or not
guilty in writing by its representative.
(2) If a corporation on arraignment —
(a) does not appear by a representative, or
(b) appears by a representative but fails to enter a plea,
the court shall enter a plea of not guilty on its behalf.
(3) In this section “representative”, in relation to a corporation, means a
person duly appointed by the corporation to represent it for the purpose
of entering a plea on its behalf, or of doing anything which a
Section 11 Criminal Jurisdiction Act 1993


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representative may do under section 32 of the 1989 Act; but a person so
appointed is not thereby qualified to act on behalf of the corporation for
any other purpose.
(4) A representative for the purpose of this section may be appointed under
hand; and a statement in writing purporting to be signed by a director,
manager or secretary of the corporation or by any other person having,
or being one of the persons having, the management of the affairs of the
corporation, to the effect that the person named in it has been appointed
as the representative of the corporation for the purpose of this section or
the said section 32 shall be admissible without further proof as evidence
that that person has been so appointed for the purpose of this section.
Procedure: general
11 Power to adjourn

At any stage of a trial on information before the conclusion of the judge’s
summing-up, the court may adjourn the trial for such period as it thinks fit.
12 Right of reply

On the trial of a person on information —
(a) the prosecution is not entitled to the right of reply on the ground
only that the Attorney General appears for the Crown at the trial;
and
(b) the time at which the prosecution is entitled to exercise its right of
reply is after the close of the evidence for the defence and before
the closing speech (if any) by or on behalf of the defendant.
Evidence
13 Competence of witnesses

[IV p160/394]
No person may be excluded as a witness in any case by reason of incapacity
from crime or interest in the case.
14 Admission of deposition: general

[1989/15/5/1]
(1) Where the conditions in subsections (2), (3) and (4) are fulfilled, the
deposition of a witness taken in accordance with section 70 of the 1989
Act may be read in evidence at the trial of the defendant.
(2) The witness must be bound over conditionally, or treated as bound over
conditionally, under section 61 of the 1989 Act.
Criminal Jurisdiction Act 1993 Section 15


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(3) The deposition must purport to be authenticated in accordance with
section 70(2)(c) of the 1989 Act.
(4) It must also be proved, by a certificate purporting to be signed by a
justice taking the deposition or by the clerk to the court before which it
was taken, or by evidence on oath —
(a) that the deposition was taken in the presence or hearing of the
defendant, and
(b) that he or his advocate had full opportunity of cross-examining
the witness.
(5) This section does not apply if it is proved —
(a) that the deposition was not certified in accordance with
section 70(2)(c) of the 1989 Act by the justice by whom it purports
to be certified, or
(b) that the certificate under subsection (4) was not signed by the
justice or clerk by whom it purports to have been signed, or
(c) that the witness has been notified that he is required to attend the
trial.
(6) This section, except subsections (3), (4) and (5)(a) and (b), applies to a
written statement put in evidence under section 70 of the 1989 Act as it
applies to a deposition.
15 Admission of deposition of absent witness

[1989/15/5/1]
(1) Where the conditions in subsections (2), (3) and (4) are fulfilled, the
deposition of a witness taken in accordance with section 70 of the 1989
Act may be read in evidence at the trial of the defendant.
(2) The deposition must purport to be authenticated in accordance with
section 70(2)(c) of the 1989 Act.
(3) It must be proved —
(a) that the witness is dead; or
(b) that he is not in such a state of physical or mental health as to be
able to appear in court to give evidence, and that his condition is
not merely casual or temporary; or
(c) that he has left the Island and —
(i) that he is in a place outside the British Islands, or
(ii) that his place of residence cannot after reasonable inquiry
be discovered; or
(d) that he has left the Island and is resident within the British
Islands, and that his place of residence is known, and that he
refuses to return to the Island for the purposes of the trial; or
Section 16 Criminal Jurisdiction Act 1993


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(e) that, being a witness for the prosecution, he is kept out of the way
by or on behalf of the defendant, or vice versa.
(4) It must also be proved by a certificate purporting to be signed by a justice
taking the deposition or by the clerk to the court before which it was
taken, or by evidence on oath —
(a) that the deposition was taken in the presence or hearing of the
defendant, and
(b) that he or his advocate had full opportunity of cross-examining
the witness.
(5) Where subsection (3)(a) applies, hearsay evidence may be admitted with
respect to the death.
(6) Where subsection (3)(d) applies and —
(a) it is proved that a letter containing a summons was sent to the
residence of the witness a reasonable time before the day
appointed for the trial, and
(b) the witness does not appear in answer to the summons,
it shall be assumed, unless the contrary is shown, that he refuses to
return to the Island for the purposes of the trial.
(7) This section does not apply if it is proved —
(a) that the deposition was not certified in accordance with
section 70(2)(c) of the 1989 Act by the justice by whom it purports
to be certified, or
(b) that the certificate under subsection (4) was not signed by the
justice or clerk by whom it purports to have been signed.
(8) This section, except subsections (2), (4) and (7), applies to a written
statement put in evidence under section 70 of the 1989 Act as it applies to
a deposition.
16 Admissions of fact

[VI p389/13]
A person accused of an offence triable on information may, at the trial or any
previous inquiry, himself or by his advocate admit any fact alleged against him
so as to dispense with proof of it.
17 Evidence by mentally handicapped persons

[1991/25/12; P1984/60/77]
(1) Without prejudice to the general duty of the court at a trial on
information to direct the jury on any matter which appears to the court
appropriate to do so, where at such a trial —
(a) the case against the accused depends wholly or substantially on a
confession by him; and
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(b) the court is satisfied —
(i) that he is mentally handicapped; and
(ii) that the confession was not made in the presence of an
independent person,
the court shall warn the jury that there is special need for caution before
convicting the accused in reliance on the confession, and shall explain
that the need arises because of the circumstances mentioned in
paragraphs (a) and (b).
(2) In this section —
“confession” includes any statement wholly or partly adverse to the person who
made it, whether made to a person in authority or not, and whether
made in words or otherwise;
“independent person” does not include a constable, police cadet or any other
person employed for, or engaged on, police purposes in the Island;
“mentally handicapped”, in relation to a person, means in a state of arrested or
incomplete development of mind which includes significant impairment
of intelligence and social functioning.
18 Technical evidence

[1991/25/17-18; P1984/60/81; P1988/33/31]
(1) Rules of court may make provision for —
(a) requiring any party to proceedings before a court to disclose to
the other party or parties any expert evidence which he proposes
to adduce in the proceedings; and
(b) prohibiting a party who fails to comply in respect of any evidence
with a requirement imposed by virtue of paragraph (a) from
adducing that evidence without the leave of the court.
(2) For the purpose of helping members of juries understand complicated
issues of fact or technical terms, rules of court may make provision —
(a) as to the furnishing of evidence in any form, notwithstanding the
existence of admissible material from which the evidence to be
given in that form would be derived; and
(b) as to the furnishing of glossaries for such purposes as may be
specified,
in any case where the court gives leave for, or requires, evidence or a
glossary to be so furnished.
19 Evidence of mental disorder

[1974/34/48(1), 50(1)]
(1) This section applies to —
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(a) a determination by a court under section 7(3)(b);
(b) a finding by a jury under section 9 that a defendant is under
disability;
(c) a special verdict under section 21;
(d) a determination by a court under section 29(2)(a) or
paragraph 2(2) of Schedule 1A;3

(e) a determination by the Appeal Division under section 35(1) or (2)
or section 36(2);
(f) a determination under section 54C(2).4

(2) The jury, court or Appeal Division shall not make a finding or
determination or reach a verdict to which this section applies except on
the written or oral evidence of 2 or more registered medical practitioners.
(3) At least one of those practitioners must be approved for the purposes of
section 12 of the 1998 Act as having special experience in the diagnosis or
treatment of mental disorder.5

(4) Section 61(2) and (3) of the 1998 Act (medical reports) applies for the
purpose of this section as it applies for the purpose of any provision of
Part 3 of that Act.6

Verdict
20 No acquittal because facts show greater offence

[VI p389/11]
(1) No person charged with an offence on information is entitled to be
acquitted on the ground that the facts proved amount to an offence
greater than that charged, but he is not afterwards liable to be prosecuted
for a greater offence on the same facts.
(2) Subsection (1) is without prejudice to the power of the Attorney General,
at any time before a verdict, to enter a nolle prosequi, or to the power of
the court to discharge the jury, with a view to the preferment of an
information for the greater offence.
21 Acquittal on grounds of insanity

[P1964/84/1; P1991/25/1, 3]
(1) Where —
(a) in an information an act or omission is charged against any
person as an offence, and
(b) it is given in evidence on his trial for that offence that he was
insane, so as not to be responsible according to law for his actions
at the time when the act was done or omission made, and
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(c) it appears to the jury that the defendant did the act or made the
omission charged, but that he was insane as aforesaid when he
did the act or made the omission,
the jury shall return a special verdict to the effect that the defendant is
not guilty by reason of insanity.
(2) Where a special verdict is returned by a jury under this section, the court
shall deal with the defendant in accordance with section 54.
22 Alternative verdicts

[1981/20/7 (2), 10; 1992/6/33]
(1) On an information for murder, a person found not guilty of murder may
be found guilty of —
(a) an offence under section 20 (manslaughter) or section 33 (grievous
bodily harm) of the Criminal Code 1872;
(b) an offence under section 2(1) (abetting suicide) of the Criminal Law
Act 1981;
(c) any offence of which he may be found guilty under subsection (4),
or under any other enactment specifically so providing;
(d) any offence under sections 23 to 27 (attempted murder) of the
Criminal Code 1872, or an attempt to commit any other offence of
which he might be found guilty,
but may not be found guilty of any offence not included above.
(2) Where, on the trial of a person on information for any offence except
treason or murder —
(a) the jury finds him not guilty of the offence specifically charged in
the information, but
(b) the allegations in the information amount to or include (expressly
or by implication) an allegation of another offence,
the jury may find him guilty of that other offence or of an offence of
which he could be found guilty on an information specifically charging
that other offence.
For the purposes of this subsection an allegation of an offence shall be
taken as including an allegation of attempting to commit that offence.
(3) Without prejudice to subsection (2), where on the trial of a person on
information for an offence under section 1 (rape) or section 7 (incest) of
the Sexual Offences Act 1992 —
(a) the jury are not satisfied that he is guilty of the offence charged or
of an attempt to commit it, but
(b) the jury are satisfied that he is guilty —
Section 23 Criminal Jurisdiction Act 1993


Page 20 AT 9 of 1993 c

(i) where charged with an offence under section 1, of an
offence under section 2 (procurement by threats or lies) or
section 3 (administering drugs to obtain sexual act) of that
Act, or
(ii) where charged with an offence under section 7, of an
offence under section 4 (intercourse with young person) of
that Act,
they may find him guilty of the latter offence.
(4) If on the trial of a person on information for an offence the jury are
satisfied that the offence charged (or some other offence of which the
defendant might on that charge be found guilty) was committed, but find
the defendant not guilty of it, they may find him guilty of any offence
under section 7(1) of the Criminal Law Act 1981 (act to impede
apprehension or prosecution of offender) of which they are satisfied that
he is guilty in relation to the offence charged (or that other offence).7

(5) On the trial of a person on information of attempting to commit an
offence, he may be convicted of the offence charged even though he is
shown to be guilty of the completed offence, but he is not afterwards
liable to be prosecuted for the completed offence.
(6) Subsection (5) is without prejudice to the power of the Attorney General,
at any time before a verdict, to enter a nolle prosequi, or to the power of
the court to discharge the jury, with a view to the preferment of an
information for the completed offence.
(7) Subsections (1) to (4) apply to an information containing more than one
count as if each were a separate information.
(8) Nothing in this section prejudices section 9 (attempt to commit offence is
an offence) of the Criminal Law Act 1981.
(9) [Repealed]8

Sentence
23 Sentence on person convicted

[IV p160/367; VI p389/7]
(1) Subject to subsection (2) and section 24, the court shall immediately after
conviction of a person on information sentence him or otherwise deal
with him for the offence, unless it sees reasonable cause for postponing
sentence.
(2) The court may, after a person has been convicted and before he is
sentenced or otherwise dealt with, postpone sentence indefinitely on his
entering into a recognizance, with or without sureties, to appear and
receive sentence whenever required.
Criminal Jurisdiction Act 1993 Section 24


c AT 9 of 1993 Page 21

24 Power to adjourn for reports

[1974/34/Sch 4]
(1) After a person has been convicted on information and before he has been
sentenced or otherwise dealt with, the court may adjourn the case for the
purpose of enabling inquiries to be made or of determining the most
suitable method of dealing with his case, and may remand him in
custody or on bail.
(2) Without prejudice to subsection (1), where —
(a) a person is charged on information with an offence punishable
with custody, and
(b) the court is satisfied that he did the act or made the omission
charged, but is of opinion that an inquiry ought to be made into
his physical or mental condition before the method of dealing
with him is determined,
the court shall adjourn the case and remand him in custody or on bail for
such period or periods, no single period exceeding 6 weeks, as the court
thinks necessary to enable a medical examination and report to be made.9

(3) Where a person is remanded on bail under subsection (2) —
(a) it shall be a condition of the recognizance that he shall —
(i) undergo medical examination by a qualified medical
practitioner or, where the inquiry is into his mental
condition and the recognizance so specifies, 2 such
practitioners; and
(ii) for that purpose, attend at an institution or place, or on any
such practitioner, specified in the recognizance and, where
the inquiry is into his mental condition, comply with any
directions which may be given to him for the said purpose
by any person of any class so specified; and
(b) if arrangements have been made for his reception, it may be a
condition of the recognizance that he shall, for the purpose of the
examination, reside until the expiration of such period as may be
specified in the recognizance or he is discharged therefrom,
whichever occurs first, in an institution or place so specified, not
being an institution or place to which he could have been
committed.
(4) On exercising the powers conferred by subsection (2) the court shall send
to the institution to which the defendant is committed, or to the
institution or place at which or the person by whom he is to be
examined, as the case may be, a statement of —
(a) the reasons why the court is of opinion that an inquiry ought to be
made into his physical or mental condition, and
Section 25 Criminal Jurisdiction Act 1993


Page 22 AT 9 of 1993 c

(b) any information before the court about his physical or mental
condition.
25 Discretion as to penalties

[IV p160/407 and 418; VI p389/4 and 6; 1981/20/Sch 7]
(1) Where under any statutory provision (whenever made) a court may on
conviction on information impose a sentence of custody or a fine, then,
unless otherwise provided, the court may —
(a) instead of custody for life or for any other term, impose custody
for a shorter term;
(b) instead of or in addition to custody, impose a fine on the offender;
(c) instead of or in addition to custody (with or without a fine) or a
fine, order him to enter into a recognizance, with or without
sureties, for keeping the peace and being of good behaviour.
(1A) Subsection (1) does not apply to a sentence of custody on conviction of a
relevant offence within the meaning of the Death Penalty Abolition Act
1993.10

(2) Where a court makes an order under subsection (1)(c) it may —
(a) order that the offender be committed to custody until the order is
complied with;
(b) suspend an order under paragraph (a); and
(c) limit the period for which the offender may be detained in
custody.
(3) A person may not be detained in custody pursuant to an order under
subsection (2)(a) for more than one year, exclusive of the period for
which he may be detained under any other part of his sentence.
26 Consecutive sentences

[IV p160/395]
(1) Where a person —
(a) is convicted of an offence punishable with custody, and
(b) is already liable to be detained in custody for another offence,
the court may impose a sentence of custody to commence at the
expiration of the term of custody for which he was previously sentenced.
(2) Subsection (1) applies even though the aggregate term of custody
exceeds the term which may be imposed for either offence.
Criminal Jurisdiction Act 1993 Section 27


c AT 9 of 1993 Page 23

27 Custody for non-payment of fine etc

[VI p389/5; 1989/15/95]
(1) Where a court imposes a fine on any person, orders any other sum to be
paid by any person or forfeits his recognizance, it may make an order
that he be committed to custody until the sum due is paid.11

(2) On making an order under subsection (1) the court may —
(a) suspend the order on such conditions as it thinks fit; and
(b) specify the maximum term for which he may be detained in
pursuance of the order.
(3) Subject to subsection (4), the term for which a person may be detained
pursuant to an order under subsection (1), and a term specified under
subsection (2)(b), shall not exceed the period specified in Schedule 1
corresponding to the amount of the fine or forfeited recognizance.
(4) Where part only of that amount is unpaid, the maximum term for which
that person may be detained shall be reduced by such number of days as
bears to the total number of days in that period less one day the same
proportion as the sum paid bears to that amount; and in calculating the
reduction a fraction of a day shall be left out of account.
(5) Where a person is committed to custody under this section, he shall be
released on payment of the amount due with any costs of the
commitment, unless he is in custody for some other cause.
28 Power to dispense with immediate payment

[1989/15/92]
(1) This section applies to the following sums —
(a) a fine imposed by a court;
(b) an amount due under an order for the payment of costs or a
compensation order made by a court; or
(c) an amount due under a recognizance forfeited by a court.
(2) The court may, instead of requiring immediate payment of a sum to
which this section applies, do all or any of the following —
(a) allow time for payment;
(b) order payment by instalments;
(c) in the case of a sum mentioned in subsection (1)(a) or (b), direct
that the person liable to pay the sum enter into a recognizance for
the payment of the sum or any instalment of it.
(2A) Where the court has allowed time for payment, it may, on an application
by or on behalf of the person liable to make the payment —
(a) allow further time; or
(b) order payment by instalments; or
Section 29 Criminal Jurisdiction Act 1993


Page 24 AT 9 of 1993 c

(c) vary an order for payment by instalments previously made.12

(3) Where a court makes an order for payment by instalments and default is
made in the payment of one instalment, the same proceedings may be
taken as if default had been made in payment of all the instalments then
remaining unpaid.
28A Remission of fines

1981/20/27
(1) Where a court imposes a fine it may, on a subsequent application by the
offender and on inquiring into his or her means, remit the whole or any
part of the fine if it thinks it just to do so, having regard to any change in
the offender’s circumstances since the conviction.
(2) Where the court remits the whole or part of a fine after a term of custody
has been fixed in default of payment of the fine, the court must also
reduce the term by an amount which bears the same proportion to the
whole term as the amount remitted bears to the whole fine, or must remit
the whole term, as the case may be.
(3) In calculating the reduction in a term under subsection (2) a fraction of a
day shall be left out of account.
(4) Subsection (1) does not authorise a court to remit the whole or any part
of a sum which an offender is liable to pay under section 119 (recovery of
unpaid contributions) or section 120 (proof of previous offences) of the
Social Security Administration Act 1992 (of Parliament) as it applies to
the Island, and recoverable as a penalty by virtue of section 121(4) of that
Act.
(5) In this section “court” includes the Appeal Division.13

29 Order on conviction of mentally disordered person

[1974/34/48(1), (6)]
(1) Where a person is convicted before a court of an offence and the
conditions in subsection (2) are satisfied, the court may deal with him in
accordance with section 54.
(2) The conditions referred to in subsection (1) are —
(a) the court is satisfied that the offender is suffering from mental
illness, psychopathic disorder, severe mental impairment or
mental impairment and that either —
(i) the mental disorder from which the offender is suffering is
of a nature or degree which makes it appropriate for him to
be detained in a hospital for medical treatment and, in the
case of psychopathic disorder or mental impairment, that
such treatment is likely to alleviate or prevent a
deterioration of his condition; or
Criminal Jurisdiction Act 1993 Section 30


c AT 9 of 1993 Page 25

(ii) in the case of an offender who has attained the age of 16
years, the mental disorder is of a nature or degree which
warrants his reception into guardianship under the 1998
Act; and14

(b) that the court is of opinion, having regard to all the circumstances
including the nature of the offence and the character and
antecedents of the offender, and to the other available methods of
dealing with him, that the most suitable method of disposing of
the case is by means of an order under section 54.
(3) Where the court deals with an offender pursuant to this section, it
shall not —
(a) pass a sentence of custody,
(b) impose a fine, or
(c) make a probation order;
but may make any other order which it has power to make apart from
this section.
Appeals
30 Right of appeal

[P1968/19/10-13; 1989/15/17 (5)]
(1) A person convicted on information may appeal to the Appeal Division
against his conviction.
(2) A person in whose case there is returned a verdict of not guilty by reason
of insanity may appeal to the Appeal Division against the verdict.
(3) A person in whose case there have been findings under section 9 that he
is under disability and that he did the act or made the omission charged
against him may appeal to the Appeal Division against either or both of
those findings.
(4) An appeal under subsection (1), (2) or (3) may be made —
(a) without leave, on any ground of appeal which involves a question
of law alone;
(b) with the leave of the Appeal Division or upon the certificate of the
judge who tried him that it is a fit case for appeal —
(i) on any ground of appeal which involves a question of fact
alone, or a question of mixed law and fact, or
(ii) on any other ground which appears to the Appeal Division
to be a sufficient ground of appeal.
(5) A person convicted on information of an offence may, with the leave of
the Appeal Division, appeal to that Division against the sentence passed
on his conviction (unless the sentence is fixed by law).
Section 31 Criminal Jurisdiction Act 1993


Page 26 AT 9 of 1993 c

(5A) A person in respect of whom a declaration under section 1(4) of the Death
Penalty Abolition Act 1993 (minimum period of sentence) is made may,
with the leave of the Appeal Division, appeal to that Division against the
declaration.15

(6) A person dealt with by a court for an offence —
(a) after being committed for sentence under section 17 of the
1989 Act;
(b) under section 5 or 7 (breach of probation order, condition etc.) of
the Criminal Justice Act 1963;
(c) under paragraph 7 or 36(4) of Schedule 1 (suspended sentences) to
the Criminal Law Act 1981; or
(d) under paragraph 16 or 22 of Schedule 3 (breach or revocation of
community service order) to that Act;
may, without the leave of the Appeal Division, appeal to that Division
against a sentence specified in subsection (7).
(7) An appeal lies under subsection (6) against —
(a) a sentence of custody for a term of 6 months or more, either for
the offence in question alone or for that offence and other offences
for which sentence is passed in the same proceedings;
(b) a sentence which the court convicting him had no power to pass;
(c) a recommendation for deportation;
(d) an order under section 17 of the Criminal Law Act 1981 or
paragraph 11 or 12 of Schedule 3 to the Road Traffic Act 1985
(disqualification for driving); or
(e) an order under paragraph 7 or 36(4) of Schedule 1 to the Criminal
Law Act 1981 (suspended sentence to take effect).
31 Appeal procedure

(1) A person convicted on information who desires to appeal to the Appeal
Division or to obtain leave of the Appeal Division to appeal shall lodge
in the General Registry notice in writing of appeal or of his application
for leave to appeal, stating the general grounds of appeal and signed by
him or his advocate.
(2) A notice under subsection (1) shall be lodged —
(a) in the case of an appeal against conviction (except where
paragraph (b) applies), within 28 days beginning with the date of
the conviction;
(b) in the case of an appeal against sentence, or an appeal against
conviction made at the same time as an appeal against sentence
passed on the conviction, within 28 days beginning with the date
of the sentence.
Criminal Jurisdiction Act 1993 Section 32


c AT 9 of 1993 Page 27

(3) The appellant shall also, within that period, serve a copy of the notice on
the Attorney General.
(4) The Appeal Division may extend the time within which notice of appeal
or of an application for leave to appeal may be given.
(5) An appellant may present his case and argument either orally or, if he
wishes, in writing.
(6) Subject to subsection (7), an appellant is entitled to be present on the
hearing of his appeal, or in any proceedings preliminary or incidental to
his appeal.
(7) The Appeal Division may direct that an appellant who is in custody shall
not be present —
(a) on the hearing of his appeal where it is on a ground involving a
question of law alone;
(b) on the hearing of an application for leave to appeal;
(c) in any proceedings preliminary or incidental to an appeal; or
(d) where he is detained in consequence of a verdict of not guilty by
reason of insanity or a finding of disability.
(8) [Repealed]16

32 Custody etc pending appeal

[XP1968/19/29]
(1) The Appeal Division may, on the application of the appellant, admit him
to bail pending the determination of an appeal under this Act.
(2) The time during which an appellant is in custody pending the
determination of his appeal shall, subject to any direction which the
Appeal Division may give to the contrary, be reckoned as part of the
term of any sentence to which he is for the time being subject.
(3) Where the Appeal Division gives a contrary direction under
subsection (2), it shall give its reasons for doing so; and it shall not give
any such direction where —
(a) leave to appeal has been given; or
(b) the trial judge has given a certificate under section 30(4)(b); or
(c) the case has been referred to it under section 39.
(4) Where an appellant is released on bail pending the determination of his
appeal, the time during which he is on bail shall be disregarded in
computing the term of any sentence to which he is for the time being
subject.
(5) The term of any sentence passed by the Appeal Division shall, unless it
otherwise directs, begin to run from the time when it would have begun
to run if passed in the proceedings from which the appeal lies.
Section 33 Criminal Jurisdiction Act 1993


Page 28 AT 9 of 1993 c

33 Determination of appeals

(1) Subject to subsection (2), the Appeal Division on an appeal against
conviction shall allow the appeal if it thinks —
(a) that the conviction of the jury should be set aside on the ground
that under all the circumstances of the case it is unsafe or
unsatisfactory, or
(b) that the judgment of the court before which the appellant was
convicted should be set aside on the ground of a wrong decision
of any question of law, or
(c) that there was a material irregularity in the course of the trial,
and in any other case shall dismiss the appeal.
(2) The Appeal Division, even though it thinks that the point raised in the
appeal might be decided in favour of the appellant, may dismiss the
appeal if it considers that no miscarriage of justice has actually occurred.
(3) The Appeal Division, if it allows an appeal against conviction, shall
quash the conviction and either —
(a) direct a verdict of acquittal to be entered, or
(b) if it appears to that Division that the interests of justice so require,
order the appellant to be retried and direct the Attorney General
to prefer a fresh information for the purpose.
(4) On an appeal against sentence the Appeal Division —
(a) if it thinks that a different sentence should have been passed, shall
quash the sentence passed at the trial and pass such other
sentence authorised in law by the verdict (whether more or less
severe) in substitution for it as the Appeal Division thinks ought
to have been passed, and
(b) in any other case shall dismiss the appeal.
(5) The Appeal Division shall not increase a sentence by reason of or in
consideration of any evidence which was not given at the trial.
(6) On an appeal under section 30(5A) the Appeal Division —
(a) if it thinks that a different period ought to have been specified in
the declaration, may vary it by specifying such other period
(either shorter or longer) as it thinks ought to have been specified,
and
(b) in any other case shall dismiss the appeal.17

34 Substitution of verdict or sentence

[P1968/19/3-5]
(1) Where on an appeal against conviction for an offence —
Criminal Jurisdiction Act 1993 Section 35


c AT 9 of 1993 Page 29

(a) the jury could on the information have found the appellant guilty
of some other offence, and
(b) on the finding of the jury it appears to the Appeal Division that
the jury must have been satisfied of facts which proved him guilty
of that other offence,
the Appeal Division may, instead of allowing or dismissing the appeal —
(i) substitute for the verdict found by the jury a verdict of
guilty of that other offence, and
(ii) pass such sentence in substitution for the sentence passed
at the trial as may be authorised by law for that other
offence, not being a sentence of greater severity.
(2) Where, on an appeal against conviction on an information containing 2
or more counts, the Appeal Division allows the appeal in respect of part
of the information, it may in respect of any count in respect of which the
appellant remains convicted pass such sentence, in substitution for the
sentence passed on it at the trial, as it thinks proper and is authorised by
law for the offence of which he remains convicted on that count.
(3) Where —
(a) on the conviction of the appellant the jury have found a special
verdict (other than a verdict of not guilty by reason of insanity),
and
(b) the Appeal Division consider that a wrong conclusion has been
arrived at by the court on the effect of that verdict,
the Appeal Division may, instead of allowing the appeal —
(i) order such conclusion to be recorded as appears to it to be
in law required by the verdict; and
(ii) pass such sentence in substitution for the sentence passed
at the trial as may be authorised by law.
35 Appeals in case of insanity or disability

[P1968/19/6 (1), 12-14, 16]
(1) Where on an appeal against conviction the Appeal Division thinks —
(a) that the proper verdict would have been one of not guilty by
reason of insanity, or
(b) that the case is not one where there should have been a verdict of
acquittal, but there should have been findings —
(i) that the appellant was under disability, and
(ii) that he did the act or made the omission charged against
him,
it shall deal with the appellant in accordance with section 54.
Section 36 Criminal Jurisdiction Act 1993


Page 30 AT 9 of 1993 c

(2) Where on an appeal under section 30(2) (appeal against verdict of not
guilty by reason of insanity) the Appeal Division thinks that the case is
not one where there should have been a verdict of acquittal, but there
should have been findings —
(i) that the appellant was under disability, and
(ii) that he did the act or made the omission charged against
him,
it shall deal with the appellant in accordance with section 54.
(3) Subject to subsections (4) and (5), the Appeal Division on an appeal
under section 30(2) or (3) (appeal against verdict of not guilty by reason
of insanity or findings of disability etc.) shall allow the appeal if it
thinks —
(a) that the verdict or finding should be set aside on the ground that
under all the circumstances of the case it is unsafe or
unsatisfactory, or
(b) that the order of the court giving effect to the verdict or finding
should be set aside on the ground of a wrong decision of any
question of law, or
(c) that there was a material irregularity in the course of the trial or
the determination of the relevant question, as the case may be,
and in any other case shall dismiss the appeal.
(4) The Appeal Division, even though it thinks that the point raised in an
appeal under section 30(2) or (3) might be decided in favour of the
appellant, may dismiss the appeal if it considers that no miscarriage of
justice has occurred.
(5) Where —
(a) apart from this subsection an appeal under section 30(2) would
fail to be allowed; and
(b) none of the grounds for allowing it relates to the question of the
insanity of the appellant; and
(c) the Appeal Division thinks that, but for the insanity of the
appellant, the proper verdict would have been that he was guilty
of an offence other than the offence charged,
the Appeal Division may dismiss the appeal.
36 Appeals in case of insanity or disability: supplemental

[P1968/19/6, 12-14; P1991/25/4]
(1) Where an appeal under section 30(2) (appeal against verdict of not guilty
by reason of insanity) is allowed, the Appeal Division shall substitute for
the verdict of the jury a verdict of acquittal, unless subsection (3) applies.
Criminal Jurisdiction Act 1993 Section 37


c AT 9 of 1993 Page 31

(2) Where under subsection (1) the Appeal Division substitutes a verdict of
acquittal and thinks —
(a) that the appellant is suffering from mental disorder of a nature or
degree which warrants his detention in a hospital under
observation (with or without other medical treatment) for at least
a limited period; and
(b) that he ought to be so detained in the interests of his own health
or safety or with a view to the protection of other persons,
it shall deal with him in accordance with section 54.
(3) Where —
(a) an appeal under section 30(2) is allowed, and
(b) the ground, or one of the grounds, for allowing the appeal is that
the finding of the jury as to the insanity of the appellant ought not
to stand, and
(c) the Appeal Division thinks that the proper verdict would have
been that he was guilty of an offence (whether the offence charged
or another offence of which the jury could have found him guilty),
the Appeal Division —
(i) shall substitute for the verdict of not guilty by reason of
insanity a verdict of guilty of that offence, and
(ii) shall have the like powers of punishing or otherwise
dealing with the appellant and other powers as the court
would have had if the jury had come to the substituted
verdict.
(4) Where the Appeal Division allow an appeal under section 30(3) against a
finding that the appellant is under a disability, he may be tried
accordingly for the offence with which he was charged, and the Appeal
Division may make such orders as appear to it to be necessary or
expedient pending any such trial for —
(a) keeping the appellant in custody or releasing him on bail, or
(b) his continued detention under the 1998 Act.18

(5) Where an order is made by the Appeal Division under subsection (4)(b),
Part 3 of the 1998 Act applies to the appellant as if he had been ordered
under subsection (4)(a) to be kept in custody pending trial and were
detained in pursuance of a transfer direction together with a restriction
direction.19

37 Supplemental powers of appeal court

(1) In connection with any appeal under this Act, the Appeal Division may,
if it thinks necessary in the interests of justice —
Section 37 Criminal Jurisdiction Act 1993


Page 32 AT 9 of 1993 c

(a) order the production of any document, exhibit or other thing
connected with the proceedings, the production of which appears
to the Appeal Division to be necessary for the determination of
the case;
(b) order any witness who would have been a compellable witness at
the trial to attend for examination and be examined before the
Appeal Division, whether or not he was called at the trial;
(c) order the examination of any such witness to be conducted before
any judge or justice of the peace or other person appointed by the
Appeal Division for the purpose, and allow the admission of any
depositions so taken as evidence before the Appeal Division;
(d) receive the evidence, if tendered, of any witness to whom this
paragraph applies.
(2) Without prejudice to subsection (1), where —
(a) evidence is tendered to the Appeal Division in such an appeal,
and
(b) it appears to that Division that the evidence is likely to be credible
and would have been admissible at the trial on an issue which is
the subject of the appeal; and
(c) that Division is satisfied that it was not adduced at the trial but
there is a reasonable explanation for the failure to adduce it,
the Appeal Division shall receive the evidence unless it is satisfied that, if
tendered, it would not afford any ground for allowing the appeal.
(3) Subsection (1)(d) applies to —
(a) any witness (including the appellant) who is competent but not
compellable, and
(b) the appellant’s husband or wife, where the appellant makes an
application for the purpose and the evidence of the husband or
wife could not have been given at the trial except on such an
application.
(4) Where any question arising on the appeal involves prolonged
examination of documents or accounts, or a scientific or local
investigation, which cannot in its opinion conveniently be conducted
before it, the Appeal Division may order the reference of the question for
inquiry or report to a special commissioner appointed by it, and act on
the report of the commissioner so far as it thinks fit to adopt it.
(5) The Appeal Division may appoint any person with special expert
knowledge to act as assessor to it in any case where it appears to it that
such special knowledge is required for the proper determination of the
appeal.
(6) The Appeal Division may exercise in relation to the proceedings in such
an appeal any other powers which may be exercised by it in civil matters,
Criminal Jurisdiction Act 1993 Section 38


c AT 9 of 1993 Page 33

and issue any warrants or other process necessary for enforcing its
orders or sentences.
(7) Sections 27 and 28 apply in the case of a sentence or order of the Appeal
Division as they apply in the case of a sentence or order of a court.
38 Restitution and compensation

[1981/20/6/6]
(1) This section applies to —
(a) an order under section 30 (restitution) of the Theft Act 1981,
(b) any other order for the restitution of property, or
(c) a compensation order,
made on a conviction on information.
(2) The operation of the order shall be suspended —
(a) in any case until the expiration of 28 days after the date of the
order; and
(b) in cases where notice of appeal or leave to appeal is given within
28 days after the date of order, until the determination of the
appeal.
(3) Subsection (2) does not apply to an order referred to in subsection (1)(a)
or (b) where the court is of opinion that the title to the property
concerned is not in dispute and directs that it shall not apply.
(4) The Appeal Division on an appeal against conviction may revoke or vary
the order, whether or not the conviction is quashed, and the order —
(a) if revoked, shall not take effect; and
(b) if varied, shall take effect as so varied.
39 Reference to appeal court after conviction etc

[P1968/19/17]
(1) This section applies where a person has been —
(a) convicted on information, or
(b) tried on information and found not guilty by reason of insanity, or
(c) found by a jury to be under disability and to have done the act or
omission charged against him.
(2) The Department of Home Affairs may at any time refer the whole case to
the Appeal Division, and the case shall then be treated for all purposes as
an appeal to that Division by the person concerned.
(3) The said Department, if it desires the assistance of the Appeal Division
on any point arising in the case, may refer that point to the Appeal
Section 40 Criminal Jurisdiction Act 1993


Page 34 AT 9 of 1993 c

Division for its opinion on it, and that Division shall consider the point
so referred and give its opinion.
(4) A reference under this section may be made either on an application by
the person concerned or without any such application.
40 Reference to appeal court after acquittal

[P1972/71/36]
(1) Where a person tried on information has been acquitted (whether in
respect of the whole or part of the information), the Attorney General
may, if he desires the opinion of the Appeal Division on a point of law
which has arisen in the case, refer the point to that Division, who shall
consider the point and give its opinion on it.
(2) For the purpose of considering the point the Appeal Division shall hear
argument —
(a) by the Attorney General, and
(b) if the acquitted person desires to present any argument to it, by an
advocate on his behalf or, with leave, by the acquitted person
himself.
(3) A reference under this section does not affect the trial in relation to
which the reference is made or any acquittal in that trial.
41 Reference of sentence to appeal court

[1991/25/24 and 25; P1988/33/35 and 36]
(1) If it appears to the Attorney General that —
(a) the sentencing of a person sentenced by a court for any offence
has been unduly lenient; or20

(b) a court has erred in law as to its powers of sentencing for such an
offence,
he may, with the leave of the Appeal Division, refer the case to it for
review of the sentencing of that person.
(2) On such a reference in relation to any person the Appeal Division may —
(a) quash any sentence passed on him by the court in the same
proceedings; and
(b) in place of it pass on him such sentence as it thinks appropriate
for the case and as the court had power to pass in dealing with
him.
(3) and (4) [Repealed]21

(5) For the purpose of this section, any 2 or more sentences are to be treated
as passed in the same proceedings if —
(a) they are passed on the same day; or
Criminal Jurisdiction Act 1993 Section 42


c AT 9 of 1993 Page 35

(b) they are passed on different days but the court in passing any one
of them states that it is treating that one together with the other or
others as substantially one sentence;
and consecutive terms of custody and terms which are wholly or partly
concurrent are to be treated as a single term.
(5A) If it appears to the Attorney General that in fixing a period under
section 1(4) of the Death Penalty Abolition Act 1993 the court has been
unduly lenient, he may, with the leave of the Appeal Division, refer the
case to it for review of that period; and on such a reference the Appeal
Division may vary the declaration in question by specifying such other
period (either shorter or longer) as it thinks ought to have been
specified.22

(6) Section 2(4) (judges not to review own decisions) of the High Court Act
1991 applies to a review under this section as it applies to an appeal.
42 Custody etc pending review

[1991/25/26; P1988/33/Sch 3]
(1) The time during which a person whose case is referred for review under
section 41 is in custody pending the review shall be reckoned as part of
the term of any sentence to which he is for the time being subject.
(2) The term of any sentence passed by the Appeal Division under section 41
shall, unless it otherwise directs, begin to run from the time when it
would have begun to run if passed in the proceedings in relation to
which the reference was made.
(2A) Subsections (1) and (2) apply to a review under section 41(5A) with the
substitution for references to the term of a sentence of references to the
period specified in the declaration in question.23

(3) On a reference under section 41 the Treasury shall pay out of money
provided by Tynwald to the person whose case is referred such sums as
are reasonably sufficient to compensate him for expenses properly
incurred by him in relation to the reference; and the amount of such
sums shall be ascertained as soon as practicable by the Chief Registrar.
42A Criminal appeals in respect of pre-trial rulings

(1) In this section a ruling is a pre-trial ruling if it relates to a trial on
information and the ruling is given —
(a) after the information is issued; but
(b) before the start of the trial.
(2) Where a judge of the High Court has made a pre-trial ruling in respect of
any question, an appeal against the ruling shall lie to the Appeal Division
but only with the leave of the Appeal Division.
Section 43 Criminal Jurisdiction Act 1993


Page 36 AT 9 of 1993 c

(3) Notwithstanding that leave to appeal has been granted under
subsection (2), the jury may be sworn and the trial continued unless the
Appeal Division orders otherwise.
(4) On the termination of the hearing of an appeal, the Appeal Division may
confirm, reverse or vary the ruling appealed against.
(5) There is no appeal to the Privy Council from a decision of the Appeal
Division under subsection (4).
(6) Subsection (5) does not —
(a) prevent an appeal against conviction; or
(b) affect the right of the Attorney General to make a reference under
section 40.
(7) For the purposes of this section the start of a trial on information occurs
when a jury is sworn to consider the issue of guilt or fitness to plead or, if
the court accepts a plea of guilty before a jury is sworn, when that plea is
accepted.
(8) This section applies in relation to pre-trial rulings made on or after the
day on which this section comes into operation.24

43 Powers exercisable by single judge

[1986/23/Sch 4; 1991/12/22(4), (7)]
(1) The following powers of the Appeal Division may be exercised by a
single judge of the High Court —
(a) the powers under this Act —
(i) to give leave to appeal or to do any other thing;
(ii) to extend the time within which notice of appeal or of an
application for leave to appeal may be given;
(iii) to release an appellant on bail;
(iv) to make orders under section 36(4) (orders pending trial)
and section 37 (supplemental powers);
(v) to give a direction under section 46(4)(b) (acquittal instead
of retrial);
(vi) to make or renew an interim hospital order;
(vii) to make orders for costs;
(b) the power to give directions under paragraph 4 of Schedule 2 to
the Sexual Offences Act 1992;
(c) the power to grant a legal aid certificate under section 18 of the
Legal Aid Act 1986;
(d) any powers under Schedule 3A (contribution orders) to that Act.
Criminal Jurisdiction Act 1993 Section 44


c AT 9 of 1993 Page 37

(2) On the refusal by a single judge of an application to exercise any power
referred to in subsection (1), the applicant may require that the
application be referred to and determined by the Appeal Division.
(3) An order made by a single judge by virtue of this section may be revoked
or varied by the Appeal Division.
44 Compliance with rules of court

(1) The following officers —
(a) the officers of any court before whom an appellant is convicted;
(b) the officers of any institution having the custody of an appellant;
(c) any constable or other officer concerned,
shall comply with the requirements of any rules of court relating to the
practice and procedure of the Appeal Division in exercising any criminal
jurisdiction.
(2) Compliance with those rules may be enforced by an order of the Appeal
Division.
45 Meaning of “sentence” in ss 30- 44

[1986/19/3/1]
(1) In sections 30 to 44 “sentence
”, in relation to an offence, includes any
order made by a court when dealing with an offender, including a
hospital order (with or without a restriction order) or guardianship order
under section 54, a hospital direction and a limitation direction under
section 54C and a recommendation for deportation.
(2) “Sentence” also includes —
(a) a confiscation order under Part 2 of the Proceeds of Crime Act 2008;
(b) an order which varies a confiscation order made under Part 2 of
the Proceeds of Crime Act 2008 if the varying order is made under
section 81, 82 or 89 of that Act (but not otherwise).25
26

Retrial
46 Retrial of appellant

[P1988/33/43; 1991/25/4/9]
(1) An appellant shall not be retried by virtue of an order under
section 33(3)(b) for any offence other than —
(a) the offence for which he was convicted at the original trial and in
respect of which his appeal was allowed (“the original offence”);
(b) any offence of which he could have been convicted at the original
trial on an information for the original offence; or
Section 46 Criminal Jurisdiction Act 1993


Page 38 AT 9 of 1993 c

(c) any offence charged in an alternative count of the information in
respect of which the jury were discharged from giving a verdict in
consequence of convicting him of the original offence.
(2) The appellant shall be retried by a court on a fresh information preferred
by the Attorney General on the direction of the Appeal Division, but
after the end of 2 months from the date of the order for retrial he may not
be arraigned on such an information unless the Appeal Division gives
leave.
(3) Where a person has been ordered to be retried but may not be arraigned
without leave, he may apply to the Appeal Division to set aside the order
for retrial and to direct a verdict of acquittal to be entered in respect of
the offence for which he was ordered to be retried.
(4) On an application under subsection (2) or (3) the Appeal Division may —
(a) give leave to arraign, or
(b) direct the entry of a verdict of acquittal,
but shall not give leave to arraign unless it is satisfied —
(i) that the prosecution has acted with all due expedition, and
(ii) that there is a good and sufficient cause for a retrial in spite
of the lapse of time since the order under section 33(3)(b)
was made.
(5) The Appeal Division may, on ordering a retrial, make such orders as
appear to it to be necessary or expedient pending the retrial for —
(a) keeping the appellant in custody or releasing him on bail, or
(b) the retention of any property or money forfeited, restored or paid
by virtue of the original conviction or any order made on the
conviction.
(6) Where a new trial is ordered in the case of a person who, immediately
before the determination of his appeal, was liable to be detained in
pursuance of a hospital order or an order or direction under Part V of the
1974 Act, the order or direction shall continue in force pending the retrial
as if the appeal had not been allowed, and any order under
subsection (5)(a) shall have effect subject to the order or direction.
(7) Subject to subsection (8), evidence given orally at the original trial must
be given orally at the retrial.
(8) 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 judge, be read as
evidence —
(a) by agreement between the prosecution and the defence; or
(b) if the judge is satisfied —
(i) that the witness is dead or unfit to give evidence or to
attend for that purpose, or
Criminal Jurisdiction Act 1993 Section 47


c AT 9 of 1993 Page 39

(ii) 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.
47 Sentence on conviction on retrial

[P1968/19/2/2]
(1) Where a person ordered to be retried under section 33(3)(b) is again
convicted on the retrial, the court before whom he is convicted may pass
in respect of the offence any sentence authorised by law, being more or
less severe than that passed on the original conviction.
(2) Without prejudice to its power to impose any other sentence, the court
before whom an offender is convicted on retrial may pass in respect of
the offence any sentence passed in respect of that offence on the original
conviction, even though, at the date of the conviction on retrial, he has
ceased to be of an age at which that sentence could otherwise be passed.
(3) Where a person convicted on retrial is sentenced to custody, 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 the
sentence or the period for which he may be detained under it, 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 at large after being remanded on
bail under section 46(5)(a).
(4) Section 6 of the Custody Act 1995 applies to a sentence imposed on
conviction on retrial as if it had been imposed on the original
conviction.27

Costs
48 Award of costs against prosecution or defence

[1981/20/Sch 7]
(1) The court before which a person is convicted on information may, if it
thinks fit, order the offender to pay the whole or any part of the costs
incurred in or in relation to the prosecution and conviction, including
any inquiry under section 5 of the 1989 Act, as taxed.
(2) Where a person —
(a) is acquitted on an information by a private prosecutor for the
publication of a defamatory libel, and
Section 49 Criminal Jurisdiction Act 1993


Page 40 AT 9 of 1993 c

(b) has not been committed to custody or bound by a recognizance to
answer the information,
the court before which he was acquitted may order the prosecutor to pay
the whole or any part of the costs incurred in or in relation to the
defence, including any inquiry under section 5 of the 1989 Act, as taxed.
(3) An order under this section may be made in addition to an order under
section 50, and where an order under that section is made the costs shall
be primarily payable under that order, but notice of any order under this
section shall be sent to the Treasury.
(4) An order under subsection (2) may be enforced and recovered in the
same manner as a judgment for a civil debt.
49 Costs of defective information

(1) Where the court makes an order under section 4(1) (amendment of
defective information) it may make such order as it thinks fit as to the
payment of any costs incurred by reason of the necessity for the
amendment.
(2) Where it appears to the court that an information —
(a) contains unnecessary matter, or
(b) is of unnecessary length, or
(c) is materially defective in any respect,
the court may make such order as it thinks fit as to the payment of any
costs incurred by reason of the unnecessary matter or length or defect.
50 Award of trial costs out of public funds

(1) A court may, in relation to any proceedings on information, order the
payment by the Treasury out of money provided by Tynwald of such
sums as appear to the court reasonably sufficient —
(a) to compensate the prosecutor for the expenses properly incurred
in the prosecution, or
(b) to compensate any person properly attending to give evidence for
the prosecution or the defence or both, or called to give evidence
at the instance of the court, for the expense, trouble or loss of time
properly incurred or incidental to his attendance and giving of
evidence.
(1A) Where a person is tried in any proceedings on information and acquitted
on any count in the information, the court may, to such extent and
subject to such conditions or limitations as may be contained in rules of
court, order the payment by the Treasury out of money provided by
Tynwald of such sums as appear to the court reasonably sufficient to
Criminal Jurisdiction Act 1993 Section 51


c AT 9 of 1993 Page 41

compensate the defendant for the expenses properly incurred by him in
carrying on the defence.28

(1B) Provision may be made by rules of court to specify circumstances in
which an order may or may not be made under subsection (1A).29

(2) Where an appellant is acquitted on a retrial, the costs of the defence
which may be ordered to be paid by the Treasury under this section
include —
(a) any costs which could have been ordered to be so paid under that
section by the court by which he was originally tried, if he had
been acquitted at the original trial, and
(b) the costs of the appeal.
(3) Unless the court otherwise orders, no expenses shall be allowed to a
witness, whether for the prosecution or the defence, under this section if
his evidence is as to character only.
51 Award of costs where defendant is not tried

Where a person has been committed for trial for an offence triable on
information and is not ultimately tried, the court may order payment of costs as
if he had been tried and acquitted.
52 Award of costs on appeal

(1) The Appeal Division may, on dismissing an appeal or an application for
leave to appeal, order the appellant to pay the whole or any part of the
costs of the appeal or application, including the costs of any transcript of
the notes or recording of the proceedings at the trial.
(2) The Appeal Division, on allowing an appeal against a conviction, may
order the payment by the Treasury out of money provided by Tynwald
of such sums as appear to the Appeal Division reasonably sufficient to
compensate the appellant for any expenses incurred in the prosecution of
the appeal, including any proceedings preliminary or incidental thereto,
or in carrying on his defence.
(3) Whether or not the Appeal Division makes an order under subsection (1)
or (2), the Treasury shall defray out of money provided by Tynwald the
expenses or any witness attending on the order of the Appeal Division or
examined in the course of the appeal or in any proceedings incidental
thereto.
(4) Except as provided in this section, no costs shall be allowed in or in
relation to —
(a) the hearing or determination of an appeal; or
(b) any proceedings preliminary or incidental to an appeal.
Section 53 Criminal Jurisdiction Act 1993


Page 42 AT 9 of 1993 c

53 Payment of costs out of public funds

(1) Subject to regulations under subsection (2)(a), the amount of any sums
payable under section 50 or 52 out of money provided by Tynwald shall
as soon as practicable be ascertained by the Chief Registrar, who shall
pay the same to the person entitled thereto, or to any person appearing
to the Chief Registrar to be acting on his behalf, out of funds made
available by the Treasury for the purpose.
(2) The Treasury may by regulations prescribe —
(a) the rates and scales of sums payable under subsection (1) and
under section 29 of the 1989 Act, and the conditions under which
any such sums may be allowed;
(b) the manner in which the Chief Registrar is to be reimbursed in
respect of payments made by him;
(c) the forms of documents relating to claims for and payments of
such sums.
Mentally disordered persons
54 Orders relating to mentally disordered persons

[1974/34/48, 53(1), (2); P1983/20/38; P1991/25/3]
(1) Subject to the following provisions of this section, where a court or the
Appeal Division deals with a defendant or appellant (“the patient”) in
accordance with this section, it shall make such one of the following
orders with respect to the patient as it thinks most suitable in all the
circumstances of the case —
(a) [Repealed]30

(b) an order (a “hospital order”) authorising him to be admitted to,
and his detention in, such hospital as may be specified in the
order;
(c) an order (a “guardianship order”) placing him under the
guardianship of the Department of Health and Social Care or of
such other person approved by that Department as may be
specified in the order;31

(ca) where a special verdict under section 21 is returned, or findings
under section 9(1) and (7)(a) are recorded, or section 35(1)(a) or (b)
applies, an order (a “supervision and treatment order”)
requiring him —
(i) to be under the supervision of a probation officer or an
officer of the Department of Health and Social Care for a
period specified in the order of not more than 2 years,
and32

Criminal Jurisdiction Act 1993 Section 54


c AT 9 of 1993 Page 43

(ii) to submit, during the whole of that period or such part of it
as may be specified in the order, to treatment by or under
the direction of a registered medical practitioner with a
view to the improvement of his mental condition;33

(d) an order for his absolute discharge.
(2) Where the offence to which the verdict, finding, determination or appeal
relates is one the sentence for which is fixed by law, the court or Appeal
Division shall make a hospital order.34

(3) In a case to which section 36(2) applies (substituted verdict of acquittal),
the Appeal Division shall make a hospital order in respect of the patient.
(4) Before making an order under subsection (1) or dealing with the patient
in some other way, the court or Appeal Division, if it has reason to
suppose that it may be appropriate to make a hospital order or hospital
direction in respect of him, may make an order (an “interim hospital
order”) authorising him to be admitted to, and his detention in, such
hospital as may be specified in the order.35

(5) An interim hospital order —
(a) shall remain in force for such initial period, not exceeding 12
weeks, as the court or Appeal Division may specify when making
the order;
(b) may be renewed for further periods of not more than 21 days at a
time if it appears to the court or Appeal Division, on the written
or oral evidence of the responsible medical officer, that the
continuation of the order is warranted;
(c) shall not continue in force for more than 12 months in all; and36

(d) shall cease to have effect if the court or Appeal Division makes an
order under subsection (1) or deals with the patient in some other
way.
(6) A hospital order or interim hospital order shall not be made unless the
court or Appeal Division is satisfied that arrangements have been made
for the admission of the patient to the hospital in question, and for his
admission to it within 28 days beginning with the date on which the
order is made; and the court may, pending his admission within that
period, give such directions as it thinks fit for his conveyance to and
detention in a place of safety.37

(7) A guardianship order shall not be made unless the court or Appeal
Division is satisfied that the Department of Health and Social Care or
other person is willing to receive the patient into guardianship.38

(8) A hospital order or guardianship order shall specify one or more of the
following forms of mental disorder, namely mental illness, psychopathic
disorder, mental impairment or severe mental impairment, from which,
Section 54 Criminal Jurisdiction Act 1993


Page 44 AT 9 of 1993 c

on the evidence taken into account by the court or Appeal Division
under section 19, the patient is found to be suffering.39

(9) No hospital order or guardianship order shall be made unless the patient
is described by each of the medical practitioners whose evidence is so
taken into account as suffering from the same one of those forms of
mental disorder, whether or not he is also described by either of them as
suffering from another of those forms.
(10) Where the court or the Appeal Division makes a hospital order, and —
(a) it thinks it necessary for the protection of the public from serious
harm, and
(b) at least one of the medical practitioners whose evidence is taken
into account under section 19 has given evidence orally before the
court or Appeal Division, as the case may be,
it may make an order (a “restriction order”) that the patient shall be
subject to the special restrictions set out in section 48 (restrictions on
discharge from hospital) of the 1998 Act, either without limit of time or
during such period as may be specified in the order.40

(11) Where the court or Appeal Division makes a hospital order with a
restriction order, the hospital order may authorise the patient to be
admitted to and detained in a hospital unit specified in the order.41

(12) In this section, section 54C and Schedule 1A —
“hospital
”, “mental disorder
”, “mental illness
”, “psychopathic disorder
”,
“mental impairment
” and “severe mental impairment
” have the same
meanings as in the 1998 Act;
“hospital unit
”, “place of safety
” and “responsible medical officer
” have the
same meanings as in Part 3 of the 1998 Act.42

54A Remand to hospital for report or treatment

Schedule 1A shall have effect in relation to the remand of accused persons to
hospital for reports or for treatment.43

54B Supervision and treatment orders: supplemental

(1) A supervision and treatment order shall not be made unless the court or
the Appeal Division is satisfied —
(a) that the chief probation officer or the Department of Health and
Social Care is willing that the supervision of the patient be
undertaken by a probation officer or an officer of that
Department, as the case may be; and44

(b) that arrangements have been made for the treatment intended to
be specified in the order (including arrangements for the
Criminal Jurisdiction Act 1993 Section 54


c AT 9 of 1993 Page 45

reception of the patient where he is required to submit to
treatment as a resident patient).
(2) No supervision and treatment order shall be made unless each of the
medical practitioners whose evidence is taken into account in accordance
with section 19(2) states that the mental condition of the patient —
(a) is such as requires and may be susceptible to treatment; but
(b) is not such as to warrant the making of a hospital order or a
guardianship order.
(3) A supervision and treatment order shall require the patient to be under
the supervision of a probation officer or an officer of the Department of
Health and Social Care assigned in accordance with the order (“the
supervisor”).45

(4) Before making such an order, the court or Appeal Division shall explain
to the patient in ordinary language —
(a) the effect of the order (including any requirements proposed to be
included in the order in accordance with subsection (9)); and
(b) that a court of summary jurisdiction has power under
section 51(1) and (2) of the Mental Health Act 1998 to review the
order on the application either of the patient or of the supervisor.
(5) After such an order is made, the Chief Registrar shall give copies of the
order to the patient, to the supervisor and to the person in charge of any
institution in which the patient is required by the order to reside.
(6) Where such an order is made, the supervised person shall keep in touch
with the supervisor in accordance with such instructions as he may from
time to time be given by the supervisor and shall notify him of any
change of address.
(7) A supervision and treatment order shall include a requirement that the
patient shall submit, during the whole of the period specified in the
order or during such part of that period as may be so specified, to
treatment by or under the direction of a registered medical practitioner
with a view to the improvement of his mental condition.
(8) The treatment required by any such order shall be such one of the
following kinds of treatment as may be specified in the order —
(a) treatment as a resident patient in a hospital or mental nursing
home;
(b) treatment as a non-resident patient at such institution or place as
may be specified in the order; and
(c) treatment by or under the direction of such registered medical
practitioner as may be so specified;
but the nature of the treatment shall not be specified in the order except
as mentioned in paragraph (a), (b) or (c).
Section 54 Criminal Jurisdiction Act 1993


Page 46 AT 9 of 1993 c

(9) A supervision and treatment order may include requirements as to the
residence of the patient; but —
(a) before making such an order containing any such requirement,
the court or Appeal Division shall consider the home
surroundings of the patient; and
(b) where such an order requires the patient to reside in any
institution, the period for which he is so required to reside shall
be specified in the order.46

54C Power to make hospital and limitation directions

[P1983/20/45A; P1997/43/46]
(1) This section applies where, in the case of a person convicted on
information of an offence the sentence for which is not fixed by law —
(a) the conditions mentioned in subsection (2) are fulfilled; and
(b) the court or the Appeal Division considers making a hospital
order before deciding to impose a sentence of custody (“the
relevant sentence”) in respect of the offence.
(2) The conditions referred to in subsection (1) are that the court or Appeal
Division is satisfied, on the written or oral evidence of 2 registered
medical practitioners —
(a) that the offender is suffering from a psychopathic disorder;
(b) that the mental disorder from which the offender is suffering is of
a nature or degree which makes it appropriate for him to be
detained in a hospital for medical treatment; and
(c) that such treatment is likely to alleviate or prevent a deterioration
of his condition.
(3) The court or Appeal Division may give both of the following
directions —
(a) a direction (a “hospital direction”) that, instead of being removed
to and detained in an institution, the offender be removed to and
detained in such hospital or hospital unit as may be specified in
the direction; and
(b) a direction (a “limitation direction”) that the offender be subject to
the special restrictions set out in section 48 (restrictions on
discharge from hospital) of the 1998 Act.
(4) A hospital direction and a limitation direction shall not be given in
relation to an offender unless at least one of the medical practitioners
whose evidence is taken into account by the court or Appeal Division
under subsection (2) has given evidence orally before the court or Appeal
Division; and at least one of those practitioners must be approved for the
purposes of section 12 of the 1998 Act as having special experience in the
diagnosis or treatment of mental disorder.
Criminal Jurisdiction Act 1993 Section 55


c AT 9 of 1993 Page 47

(5) Section 61(2) and (3) of the 1998 Act (medical reports) applies for the
purpose of this section as it applies for the purpose of Part 3 of that Act.
(6) Section 54(6) (arrangements for admission) applies to a hospital direction
and a limitation direction as it applies to a hospital order.
(7) A hospital direction and a limitation direction given in relation to an
offender have effect not only as regards the relevant sentence but also (so
far as applicable) as regards any other sentence of custody imposed on
the same or a previous occasion.
(8) The Department of Home Affairs may by order provide that this section
shall have effect as if the reference in subsection (2) to psychopathic
disorder included a reference to a mental disorder of such other
description as may be specified in the order.
(9) An order under subsection (8) —
(a) may apply generally, or in relation to such classes of offenders as
may be specified in the order;
(b) may include such supplementary, incidental or consequential
provisions as appear to the Department of Home Affairs to be
necessary or expedient; and
(c) shall not have effect unless it is approved by Tynwald.47

Miscellaneous and supplemental
55 Information for libel

[IV p160/79; VI p389/20]
(1) Within 10 days after the committal of a person for trial on a charge of an
offence under section 79 of the Criminal Code 1872 (defamatory libel), the
prosecutor shall cause an information to be filed in the General Registry
and a copy of it to be served on the defendant.
(2) If an information is not filed in accordance with subsection (1), no further
proceedings shall be taken on the prosecution and the defendant shall be
entitled to be discharged on an application to a judge of the High Court,
such discharge to have the same effect as an acquittal.
(3) The defendant shall plead to the information in writing, and shall file the
plea in the General Registry within 14 days after service of the
information on the defendant.
(4) The defendant may plead justification, that is —
(a) that the defamatory matter published by him was true, and
(b) that it was for the public benefit that the matters charged should
be published in the manner and at the time when they were
published.
(5) A plea of justification may justify the defamatory matter —
Section 56 Criminal Jurisdiction Act 1993


Page 48 AT 9 of 1993 c

(a) in the sense specified (if any) in the count, or
(b) in the sense which it bears without such specification; or
(c) in separate pleas justifying it in each sense separately to each, as if
2 libels had been charged in separate counts.
(6) The defendant may, in addition to a plea of justification, plead not guilty,
and the pleas may be inquired into together.
(7) The truth of the matters charged shall not be inquired into unless —
(a) the defendant pleads justification, or
(b) the information charges him with publishing the matter knowing
it to be false,
and in the latter case evidence of the truth may be given under the plea
of not guilty in order to negative the allegation that the defendant knew
the libel to be false.
(8) If, when a plea of justification is made, the defendant is convicted, the
court may in determining sentence, consider whether his guilt is
aggravated or mitigated by the plea.
56 Power to re-open case to rectify mistake

(1) The court or the Appeal Division may, within 28 days beginning with the
day on which a sentence or other order made by it when dealing with an
offender was made, vary or rescind the sentence or order.
(2) The power conferred by subsection (1) extends to replacing a sentence or
other order which for any reason appears to be invalid by another which
the court or the Appeal Division, as the case may be, has power to
impose or make.
(3) Where a sentence or order is varied under this section, the sentence or
order as varied shall take effect from the beginning of the day on which it
was originally imposed or made, unless the court or the Appeal Division,
as the case may be, otherwise directs.
56A Sealed orders

(1) Any document purporting to be sealed or stamped with the seal of the
court shall have the same effect as if such document were signed by a
Judge of the Court and such a document shall be received in evidence in
the Island without further proof.
(2) The seal of the court shall be the same as the seal of the High Court.48

Criminal Jurisdiction Act 1993 Section 57


c AT 9 of 1993 Page 49

57 Rules of court

The powers of the Deemsters to make rules of court under section 25 of the High
Court Act 1991 are exercisable in relation to Courts of General Gaol Delivery as
well as in relation to the High Court.
58 Forfeiture of recognizances

[1985/7/1/11]
(1) Where a recognizance is declared to be forfeited by the court or the
Appeal Division, it may by order —
(a) discharge the recognizance or reduce the amount due under it; or
(b) order any or all of the persons bound by the recognizance,
whether as principal or as surety, to pay the sum in which they
are respectively bound.
(2) All sums paid in respect of a recognizance so declared to be forfeited
shall be applied as fines imposed by the court.
59 Interpretation

In this Act —
“the 1974 Act
” [Repealed]49

“the 1989 Act
” means the Summary Jurisdiction Act 1989;
“the 1998 Act
” means the Mental Health Act 1998;50

“the Appeal Division
” means the Staff of Government Division of the High
Court;
“compensation order
” means an order under paragraph 1 of Schedule 6 to the
Criminal Law Act 1981;
“court
” means a Court of General Gaol Delivery;
“custody
” includes imprisonment or detention of any kind except detention
pursuant to an order, application or direction under the 1974 Act or an
order under section 54;
“jury
” means a jury of 7 persons;
“offence the sentence for which is fixed by law
” means an offence in respect of
which the court has no discretion as to the sentence which it may impose;
“rules of court
” means rules under section 25 of the High Court Act 1991 as
applied (except in the case of the Appeal Division) by section 56;
“under disability
”, in relation to a person arraigned or tried on information,
means under any disability such that he is not fit to be tried on the
information.
Section 60 Criminal Jurisdiction Act 1993


Page 50 AT 9 of 1993 c

60 Transitional provisions, amendments and repeals

(1) The transitional provisions in Schedule 2 shall have effect.
(2) The enactments specified in Schedule 3 are amended in accordance with
that Schedule.
(3) The enactments specified in Schedule 4 are repealed to the extent
specified in column 3 of that Schedule.
61 Short title and commencement

(1) This Act may be cited as the Criminal Jurisdiction Act 1993.
(2) This Act shall come into operation on such day or days as the Council of
Ministers may by order appoint.51

Criminal Jurisdiction Act 1993 Schedule 1



c AT 9 of 1993 Page 51

SCHEDULE 1

MAXIMUM TERM OF CUSTODY FOR NON-PAYMENT OF

FINES ETC.

Section 27 (3)
Amount of fine etc. Maximum term
not over £25 7 days
over £25 but not over £50 14 days
over £50 but not over £200 1 month
over £200 but not over £500 2 months
over £500 but not over £1,000 3 months
over £1,000 but not over £2,000 6 months
over £2,000 but not over £10,000 12 months
over £10,000 but not over £50,000 18 months
over £50,000 but not over £100,000 2 years
over £100,000 but not over £250,000 3 years
over £250,000 but not over £1 million 5 years
over £1 million 10 years

SCHEDULE 1A
52
[P1983/20/35-36]
[Section 54A]
REMAND TO HOSPITAL FOR REPORT OR TREATMENT

Remand for report on mental condition
1. (1) This paragraph applies to —
(a) any person who is awaiting trial before a court for an offence
punishable with custody, or
(b) any person who has been arraigned before the court for such an
offence and has not yet been sentenced or otherwise dealt with for
the offence on which he has been arraigned, other than a person
who has been convicted before the court if the sentence for the
offence of which he has been convicted is fixed by law.
(2) Subject to the provisions of this Schedule, a court may remand a person
to whom this paragraph applies to a hospital specified by the court for a report on his
mental condition if —
(a) the court is satisfied, on the written or oral evidence of a
registered medical practitioner, that there is reason to suspect that
the person concerned is suffering from mental illness,
Schedule 1A Criminal Jurisdiction Act 1993


Page 52 AT 9 of 1993 c

psychopathic disorder, severe mental impairment or mental
impairment; and
(b) the court is of the opinion that it would be impracticable for a
report on his mental condition to be made if he were remanded on
bail.
Remand to hospital for treatment
2. (1) This paragraph applies to —
(a) any person who is in custody awaiting trial before a court for an
offence punishable with imprisonment (other than an offence the
sentence for which is fixed by law), or
(b) any person who at any time before sentence is in custody in the
course of a trial before a court for such an offence.
(2) Subject to the provisions of this Schedule, a court may, instead of
remanding a person to whom this paragraph applies in custody, remand him to a
hospital specified by the court if it is satisfied that he is suffering from mental illness or
severe mental impairment of a nature or degree which makes it appropriate for him to
be detained in a hospital for medical treatment.
Restrictions on remand under this Schedule
3. The court shall not remand a person to a hospital under paragraph 1 or 2 unless
it is satisfied that arrangements have been made for his admission to the hospital in
question and for his admission to it within the period of 7 days beginning with the date
of the remand; and if the court is so satisfied it may, pending his admission, give
directions for his conveyance to and detention in a place of safety.
Further remand
4. (1) Where a court has remanded a person under paragraph 1 it may further
remand him if it appears to the court, on the written or oral evidence of the registered
medical practitioner responsible for making the report, that a further remand is
necessary for completing the assessment of the person’s mental condition.
(2) Where a court has remanded a person under paragraph 2 it may further
remand him if it appears to the court, on the written or oral evidence of the registered
medical practitioner in charge of his treatment, that a further remand is warranted by
his condition.
(3) The power of further remanding a person under this paragraph may be
exercised by the court without his being brought before the court if he is represented
by an advocate and his advocate is given an opportunity of being heard.
Criminal Jurisdiction Act 1993 Schedule 1A



c AT 9 of 1993 Page 53

Duration of remand
5. (1) A person shall not be remanded or further remanded under this
Schedule for more than 28 days at a time or for more than 12 weeks in all; and the court
may at any time terminate the remand if it appears to the court that it is appropriate to
do so.
(2) A person remanded to hospital under this Schedule shall be entitled to
obtain at his own expense an independent report on his mental condition from a
registered medical practitioner chosen by him and to apply to the court on the basis of
it for his remand to be terminated under sub-paragraph (1).
Detention etc. of person remanded under this Schedule
6. (1) Where a person is remanded under this Schedule —
(a) a constable or any other person directed to do so by the court shall
convey the person to the hospital specified by the court within the
period mentioned in paragraph 3; and
(b) the managers of the hospital shall admit him within that period
and thereafter detain him in accordance with the provisions of
this paragraph.
(2) If a person absconds from a hospital to which he has been remanded
under this Schedule, or while being conveyed to or from that hospital, he may be
arrested without warrant by any constable and shall, after being arrested, be brought
as soon as practicable before the court; and the court may thereupon terminate the
remand and deal with him in any way in which it could have dealt with him if he had
not been remanded under this Schedule.
Evidence
7. Without prejudice to section 19(4), section 61(2) and (3) of the Mental Health Act
1998 (medical reports) applies for the purpose of this Schedule as it applies for the
purpose of any provision of Part 3 of that Act.

Schedule 2 Criminal Jurisdiction Act 1993


Page 54 AT 9 of 1993 c

SCHEDULE 2

TRANSITIONAL PROVISIONS

Section 60(1)
Form of information
1. Notwithstanding the repeal by this Act of the Criminal Code (Informations) Act
1920, the rules in Schedule 1 to that Act shall continue to have effect until revoked by
rules of court. 53

Unfitness to plead
2. Section 9 does not apply, and section 16(3) and (4) of the Criminal Justice Act
1963 continues to apply, to a trial where the defendant was arraigned before the
commencement of this Act.
Acquittal on grounds of insanity
3. Section 21 does not apply, and section 16(1) and (4) of the Criminal Justice Act
1963 continues to apply, to a trial where the defendant was arraigned before the
commencement of this Act.
Custody in default of payment 4 Section 27 does not apply to a fine imposed or recognizance forfeited before the
commencement of this Act, and section 5 of the Criminal Code Amendment Act 1892
continues to apply to such a fine.
Rights of appeal
5. Section 30(6) and (7), except section 30(6)(a) and (7)(b), does not apply where the
sentence or other order of the court was passed or made before the commencement of
this Act.
Appeals in case of insanity
6. Section 35(1) does not apply, and section 13(4) of the Criminal Code Amendment
Act 1921 continues to apply, to an appeal against a conviction where the hearing began
before the commencement of this Act.
Reference to appeal court
7. (1) Section 40 does not apply in a case where the verdict of acquittal was
given before the commencement of this Act.
(2) Sections 41 and 42 do not apply in a case where the sentence was passed
before the 1st April 1992.
Criminal Jurisdiction Act 1993 Schedule 2



c AT 9 of 1993 Page 55

Retrial
8. The following provisions of section 46 —
(a) in subsection (2), the words from “but after” onwards; and
(b) subsections (3) and (4),
do not apply where the order for retrial was made before the commencement of
this Act.
Amendments
9. (1) The amendment by Schedule 3 of section 59 of the Mental Health Act
1974, and the repeal by Schedule 4 of subsection (3) of that section, do not affect a case
in which paragraph 3 or 5 applies.
(2) The amendment by Schedule 3 of paragraphs 17 and 23 of Schedule 3 to
the Criminal Law Act 1981 does not affect an appeal made before the commencement of
this Act.
Further transitional provisions
10. An order under section 61(2) may make such further transitional provisions as
the Council of Ministers thinks expedient in consequence of the partial commencement
of this Act.

Schedule 3 Criminal Jurisdiction Act 1993


Page 56 AT 9 of 1993 c

SCHEDULE 3

AMENDMENT OF ENACTMENTS

Section 60(2)
[Sch 3 amended by Mental Health Act 1998 Sch 6, and amends the following
Acts —
Bail Act 1952 q.v.
Criminal Law Act 1981 q.v.
Legal Aid Act 1986 q.v.
Summary Jurisdiction Act 1989 q.v.
High Court Act 1991 q.v.]
SCHEDULE 4

ENACTMENTS REPEALED

Section 60(3)
[Sch 4 repeals the following Acts wholly —
Criminal Code Amendment Act 1917
Criminal Code (Informations) Act 1920
Criminal Code Amendment Act 1921
Criminal Code Amendment Act 1922
Costs in Criminal Cases Act 1947
Administration of Justice Act 1951
Criminal Procedure (Right of Reply) Act 1968
Criminal Law Act 1969
Criminal Appeal Act 1969
and the following Acts in part —
Criminal Code 1872
Criminal Code Amendment Act 1892
Petty Sessions and Summary Jurisdiction Act 1927
Criminal Justice Act 1953
Criminal Justice Act 1963
Mental Health Act 1974
Criminal Damage Act 1981
Criminal Law Act 1981
Theft Act 1981
Criminal Jurisdiction Act 1993 Schedule 4



c AT 9 of 1993 Page 57

Collection of Fines etc. Act 1985
Treasury Act 1985
Mental Health (Amendment) Act 1986
Legal Aid Act 1986
Summary Jurisdiction Act 1989
Territorial Sea (Consequential Provisions) Act 1991
High Court Act 1991
Criminal Justice Act 1991
Sexual Offences Act 1992
Transfer of Governor’s Functions Act 1992.]
Criminal Jurisdiction Act 1993 Endnotes


c AT 9 of 1993 Page 59

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (3) amended by Administration of Justice Act 2008 Sch 2. 2
Para (b) amended by Mental Health Act 1998 Sch 5. 3
Para (d) amended by Mental Health Act 1998 Sch 2. 4
Para (f) added by Mental Health Act 1998 Sch 5. 5
Subs (3) amended by Mental Health Act 1998 Sch 5. 6
Subs (4) substituted by Mental Health Act 1998 Sch 5. 7
Subs (4) amended by Criminal Justice, Police Powers and Other Amendments Act
2014 Sch 3. 8
Subs (9) repealed by Criminal Justice, Police Powers and Other Amendments Act 2014
Sch 3. 9
Subs (2) amended by Criminal Justice Act 2001 s 59. 10
Subs (1A) inserted by Custody Act 1995 Sch 4. 11
Subs (1) amended by Criminal Justice Act 1996 Sch 2. 12
Subs (2A) inserted by Criminal Justice Act 1996 Sch 2. 13
S 28A inserted by Summary Jurisdiction and Miscellaneous Amendments Act 2013 s
11. 14
Para (a) substituted by Mental Health Act 1998 Sch 5. 15
Subs (5A) inserted by Custody Act 1995 Sch 4. 16
Subs (8) repealed by Criminal Justice Act 2001 s 61. 17
Subs (6) inserted by Custody Act 1995 Sch 4. 18
Para (b) amended by Mental Health Act 1998 Sch 5. 19
Subs (5) amended by Mental Health Act 1998 Sch 5. 20
Para (a) amended by Criminal Justice Act 1996 s 9.
Endnotes Criminal Jurisdiction Act 1993


Page 60 AT 9 of 1993 c

21
Subss (3) and (4) repealed by Criminal Justice Act 1996 s 9. 22
Subs (5A inserted by Custody Act 1995 Sch 4. 23
Subs (2A) inserted by Custody Act 1995 Sch 4. 24
S 42A inserted by Administration of Justice Act 2008 s 29. 25
Subs (2) added by Proceeds of Crime Act 2008 Sch 7. 26
S 45 amended by Mental Health Act 1998 Sch 5 and by Proceeds of Crime Act 2008
Sch 7. 27
Subs (4) amended by Statute Law Revision Act 1997 Sch 1. 28
Subs (1A) inserted by Criminal Justice Act 1996 s 11. 29
Subs (1B) inserted by Criminal Justice Act 1996 s 11. 30
Para (a) repealed by Mental Health (Amendment) Act 2006 s 3 (with saving in s 3(4)). 31
Para (c) amended by SD155/10 Sch 6 and by SD2014/08. 32
Subpara (i) amended by SD2014/08. 33
Para (ca) inserted by Mental Health Act 1998 Sch 2 and amended by SD155/10 Sch 6. 34
Subs (2) amended by Mental Health (Amendment) Act 2006 s 3. 35
Subs (4) amended by Mental Health Act 1998 Sch 5 and by Mental Health
(Amendment) Act 2006 s 3. 36
Para (c) amended by Mental Health Act 1998 Sch 5. 37
Subs (6) amended by Mental Health Act 1998 Sch 5. 38
Subs (7) amended by SD155/10 Sch 6 and by SD2014/08. 39
Subs (8) amended by Mental Health Act 1998 Sch 5. 40
Subs (10) amended by Mental Health Act 1998 Sch 5. 41
Subs (11) substituted by Mental Health Act 1998 Sch 5. 42
Subs (12) added by Mental Health Act 1998 Sch 5. 43
S 54A inserted by Mental Health Act 1998 Sch 2. 44
Para (a) amended by SD155/10 Sch 6 and by SD2014/08. 45
Subs (3) amended by SD155/10 Sch 6 and by SD2014/08. 46
S 54B inserted by Mental Health Act 1998 Sch 2. 47
S 54C inserted by Mental Health Act 1998 Sch 2. 48
S 56A inserted by Criminal Justice Act 2001 s 60. 49
Definition of “the 1974 Act” repealed by Mental Health Act 1998 Sch 5. 50
Definition of “the 1998 Act” inserted by Mental Health Act 1998 Sch 5. 51
ADO (whole Act) 1/10/1993 (SD327/93). 52
Schedule 1A inserted by Mental Health Act 1998 Sch 2. 53
See Criminal Code (Informations) Act 1920.

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