Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009

Revised Edition

07.245.33

Showing the law as at 1 January 2010

This is a revised edition of the law

Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009

Arrangement

Rule

1            Interpretation

2            Applications

3            Notice of application

4            Notice to defendant

5            Respondent's notice

6            Appeals

7            Withdrawal or amendment of application of appeal.

8            Citation

SCHEDULE

RESPONDENT’S NOTICE

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009

THE COURT OF APPEAL, in pursuance of Articles 40 and 46D(g) of the Court of Appeal (Jersey) Law 1961[1], has made the following Rules –

Commencement [see endnotes]

1      Interpretation

In these Rules –

“appeal” means an appeal by the Attorney General from the Royal Court under Article 45D of the Law in respect of a confiscation order or against a decision not to make a confiscation order;

“application” means an application by the Attorney General for leave to appeal under the said Article 45D;

“defendant” has the meaning given to it in Article 1(1) of the Proceeds of Crime (Jersey) Law 1999[2];

“Law” means the Court of Appeal (Jersey) Law 1961[3].

2      Applications

(1)    An application shall be in writing and must –

(a)     specify –

(i)     the name of the defendant,

(ii)    the date of the hearing before the Royal Court,

(iii)   the ruling in respect of which the application is made; and

(b)     state –

(i)     the grounds of appeal,

(ii)    the question of fact or law in respect of which the appeal is brought (and, where appropriate, such facts of the case as are necessary for the proper consideration of the question of law).

(2)    The statement under paragraph (1)(b) must –

(a)     concisely summarize the arguments in support; and

(b)     identify any relevant authorities.

3      Notice of application

Notice of the application for the purpose of Article 46A(1)(c) of the Law is given by lodging 5 copies of it with the Judicial Greffier.

4      Notice to defendant

(1)    The Judicial Greffier shall, within 2 working days of receiving the application, send by recorded delivery to the defendant –

(a)     a copy of the application; and

(b)     a respondent’s notice form as set out in the Schedule.

(2)    The Judicial Greffier shall also advise the defendant in writing –

(a)     that the result of an appeal could be that the Court of Appeal would increase a confiscation order already imposed on the defendant, make a confiscation order itself or direct the Royal Court to hold another confiscation hearing;

(b)     that the defendant may serve a respondent’s notice; and

(c)     if the defendant wishes to consult an advocate –

(i)     to do so as soon as possible, and

(ii)    that the defendant may request the appointment by the Bâtonnier of an advocate to represent the defendant on legal aid.

5      Respondent's notice

(1)    A defendant who has received a copy of an application may serve a respondent’s notice, and must do so if –

(a)     the defendant wants to oppose the application; or

(b)     the Court so directs.

(2)    The defendant must send the respondent’s notice to the Judicial Greffier and a copy to the Attorney General not more than 14 days after –

(a)     the defendant receives the application; or

(b)     a direction to do so.

(3)    The respondent’s notice must –

(a)     say if the respondent wants to oppose the application; and

(b)     include or attach any application for the following, with reasons –

(i)     an extension of time within which to serve the respondent's notice,

(ii)    permission to attend a hearing that the respondent does not have a right to attend.

(4)    The respondent must, not more than 28 days after sending the respondent’s notice to the Judicial Greffier, lodge with the Judicial Greffier 5 copies of –

(a)     a summary of the arguments the respondent intends to put to the Court; and

(b)     the authorities the respondent intends to cite.

6      Appeals

(1)    If the Court of Appeal gives the Attorney General leave to appeal, the Court may treat the application for leave as the appeal.

(2)    If the Court does not treat the application for leave as the appeal, it must give directions with regard to the hearing of the appeal.

7      Withdrawal or amendment of application of appeal.

(1)    The Attorney General may withdraw or amend an application or appeal at any time before the Court has begun the hearing of the application or appeal as the case may be or, after that, and until the Court has given its decision, may withdraw or amend the application or appeal by leave of the Court.

(2)    Notice of such withdrawal or amendment shall be served on the defendant by the Attorney General.

(3)    If an application or appeal is withdrawn under paragraph (1), the application or appeal, as the case may be, shall be treated for the purposes of Article 1(3) – (8) of the Proceeds of Crime (Jersey) Law 1999 as having been refused or dismissed by the Court of Appeal.

8      Citation

These Rules may be cited as the Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009.



SCHEDULE

(Rule 4(1)(b))

The Court of Appeal of Jersey

RESPONDENT’S NOTICE

In re an application by Her Majesty’s Attorney General for leave to appeal to the Court of Appeal under Article 45D of the Court of Appeal (Jersey) Law 1961 in respect of a confiscation order



A.



THE RESPONDENT: 1
 



 



Surname:       
Forenames:

Address:2       

Post Code: …………..
Date of Birth:



B.



HEARING BEFORE THE ROYAL COURT
 



 



Bailiff/Deputy Bailiff/Commissioner
Date(s) of hearing(s):      
Date of receipt of Attorney General’s application:



_____________________________
1 Give your full name.
2 If in custody give address where you are detained.



C.



THE RESPONDENT –
 



 



(i)     [wants] [does not want]3 to oppose the Attorney General’s application
 
(ii)    [wants] [does not want] 3 to apply for an extension of time in which to serve the respondent’s notice4
 
(iii)   [wants] [does not want] 3 to apply for permission to attend a hearing that the respondent does not have a right to attend5
 
 



D.



THE REASONS for any application(s) for extension of time and/or permission to attend a hearing are:
 



 



     

Signature
 
Signature of respondent
 
[OR: Details of any person signing on behalf of the respondent:
 

]
 
 
 



_____________________________
3 Delete as appropriate.
4 If you do want an extension of time, state reasons in section D.
5 If you do wish to apply for such permission, state reasons in section D.



IMPORTANT

A respondent’s notice must be sent to the Judicial Greffier (and a copy sent to the Attorney General) not more than 14 days after the respondent received a copy of the Attorney General’s application.

The respondent then has 28 days within which to lodge with the Judicial Greffier 5 copies of –

(a)     a summary of the arguments the respondent intends to put to the Court of Appeal; and

(b)     the authorities the respondent intends to cite.



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009



R&O.80/2009



3 August 2009



Table of Renumbered Provisions



Original



Current



None



 



Table of Endnote References



[1]



chapter 07.245



[2]



chapter 08.780



[3]



chapter 07.245