Court of Appeal (Sex Offenders Law) Rules 2010

Revised Edition

07.245.78

Showing the law as at 1 January 2011

This is a revised edition of the law

Court of Appeal (Sex Offenders Law) Rules 2010

Arrangement

Rule

PART 1

INTERPRETATION

1            Definitions

PART 2

APPEAL UNDER ARTICLE 19, 20, 21, 22, 23, 24, 25 OR 26 OF THE LAW

2            Application

3            Notice of appeal

4            Respondent’s notice

5            Amendment of notice of appeal and respondent’s notice

6            Setting down and directions

7            Hearing of appeal

PART 3

GENERAL PROVISIONS

8            Party in custody

9            Stay

10          Extending or shortening time

11          Abandonment

12          Citation

SCHEDULE

Form 1

Form 2

Form 3

Form 4

Form 5

Form 6

Form 7

Form 8

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Court of Appeal (Sex Offenders Law) Rules 2010

THE COURT OF APPEAL, in pursuance of Articles 19 and 40 of the Court of Appeal (Jersey) Law 1961[1] and Article 29(2)(d) of the Sex Offenders (Jersey) Law 2010[2], has made the following Rules –

Commencement [see endnotes]

PART 1

INTERPRETATION

1      Definitions

In these Rules, unless the context otherwise requires –

“appeal” and “appellant” have the meanings given in Rule 2(2);

“Court” means the Court of Appeal;

“Greffier” means the Judicial Greffier;

“Law” means the Sex Offenders (Jersey) Law 2010[3];

“respondent” has the meaning given in Rule 2(2).

PART 2

APPEAL UNDER ARTICLE 19, 20, 21, 22, 23, 24, 25 OR 26 OF THE LAW

2      Application

(1)    These Rules apply to an appeal to the Court under Article 19, 20, 21, 22, 23, 24, 25 or 26 of the Law.

(2)    Accordingly, in these Rules –

“appeal” means any such appeal;

“appellant” means –

(a)     the Attorney General; or

(b)     the offender, notifier or other person the subject of the proceedings under Article 19, 20, 21, 22, 23, 24, 25 or 26 of the Law,

when bringing or intending to bring the appeal;

“respondent” means the Attorney General, offender, notifier or other person, when party to the appeal brought or intended to be brought by the appellant.

3      Notice of appeal

(1)    An appeal shall be commenced by the appellant giving notice of appeal, in accordance with this Rule, not later than 14 days after the day on which the decision appealed against is given.

(2)    The notice required by paragraph (1) must –

(a)     be in writing in the Form specified in the Schedule appropriate to the appeal;

(b)     specify the grounds of the appeal;

(c)     be signed by the appellant or by his or her advocate; and

(d)     be sent to the Greffier.

(3)    The Greffier shall send a copy of the notice of appeal to the respondent.

(4)    For the purposes of paragraph (1), where the court below has adjourned the trial of a case after conviction, the day on which the decision appealed against is given shall be taken to be the day on which the court sentences or otherwise deals with the offender.

4      Respondent’s notice

(1)    A respondent who has received a copy of a notice of appeal in accordance with Rule 3(3) may serve a respondent’s notice, and must do so if –

(a)     the respondent wants to make representations to the Court; or

(b)     the Court so directs.

(2)    The respondent must send the respondent’s notice to the Greffier not more than 7 days after –

(a)     the respondent receives the notice of appeal; or

(b)     a direction to do so.

(3)    The respondent’s notice must –

(a)     state if the respondent wants to make representations at the hearing of the appeal; and

(b)     include or attach any application, with reasons, for an extension of time within which to serve the respondent’s notice.

(4)    The Greffier shall send a copy of the respondent’s notice to the appellant.

5      Amendment of notice of appeal and respondent’s notice

A notice of appeal or respondent’s notice may be amended with the leave of the Court.

6      Setting down and directions

(1)    When the respondent’s notice has been served, or the time specified for serving it has expired, the Greffier shall cause the appeal to be set down in the list of appeals.

(2)    The Greffier shall then give to the appellant and the respondent –

(a)     written notice that the appeal has been set down; and

(b)     directions in relation to the lodging by the appellant and the respondent of copies of –

(i)     the documents (including any authorities) presented to the court below,

(ii)    the order of the court below,

(iii)   a summary of the arguments each intends to put to the Court, and

(iv)   any additional authorities to which each wishes to refer.

7      Hearing of appeal

A date shall then be fixed for the hearing of the appeal as soon as is convenient to the Court, and the Greffier shall give notice thereof to the appellant and the respondent or as necessary to the advocate or solicitor of either.

PART 3

GENERAL PROVISIONS

8      Party in custody

(1)    This Rule applies where the offender, notifier or other person who is the appellant or respondent is in custody.

(2)    The person –

(a)     shall be entitled to be present (if he or she desires it) on the hearing of the appeal; but

(b)     shall not be entitled to be present at proceedings preliminary or incidental to the appeal unless the person –

(i)     is given leave by the Court to be present, or

(ii)    is not legally represented.

(3)    When the Court has heard and dealt with any application in, or on the determination of, an appeal, if the person has not been present at the application or determination, the Greffier shall give notice of the decision or determination of the Court to the person.

9      Stay

Except so far as the court below or the Court may otherwise direct –

(a)     the bringing of an appeal shall not operate as a stay of execution or of proceedings under the decision appealed from; and

(b)     no intermediate act or proceeding shall be invalidated by an appeal.

10    Extending or shortening time

A judge of the Court may extend or shorten the time appointed by these Rules or by any rule of practice for the time being in force for doing anything in connection with an appeal.

11    Abandonment

(1)    An appellant at any time may abandon his or her appeal by written notice to the Greffier, and on such notice being given the appeal shall be taken to have been dismissed.

(2)    Paragraph (1) does not affect any power of the Court with regard to costs.

12    Citation

These Rules may be cited as the Court of Appeal (Sex Offenders Law) Rules 2010.



SCHEDULE

(Rule 3(2)(a))

Form 1

ISLAND OF JERSEY

IN THE COURT OF APPEAL

On appeal from the Royal Court of Jersey

NOTICE OF APPEAL AGAINST [REFUSAL OF]1 CERTIFICATION UNDER ARTICLE [3(4)] [10(2)] [14(1)] [16(1)]2 OF THE SEX OFFENDERS (JERSEY) LAW 2010 THAT AN OFFENCE WAS SEXUALLY AGGRAVATED

Name of offender______________________________________________________

TAKE NOTICE that, on appeal from the decision of the Royal Court given on the
      day of, 20    [not]3 to certify that the offence (particulars of which are given below) was sexually aggravated, the appellant will ask the Court of Appeal to order that:4



Particulars of offence5

(use separate sheet if nec.)



THE GROUNDS of appeal are:6

(use separate sheet if nec.)



(Signed) …....................................................…

(Appellant). Date:………………



_____________________________

1 Delete if not applicable

2 Delete as appropriate

3 Delete if not applicable

4 State order applied for

5 Give full details, including circumstances

6 State grounds on which it is argued that the offence did/did not warrant being certified as sexually aggravated

Form 2

ISLAND OF JERSEY

IN THE COURT OF APPEAL

On appeal from the Royal Court of Jersey

NOTICE OF APPEAL AGAINST NOTIFICATION PERIOD SPECIFIED UNDER ARTICLE [5(1)] [5(2)] [5(3)] [5(7)]7 OF THE SEX OFFENDERS (JERSEY) LAW 2010



Name of notifier______________________________________________________



TAKE NOTICE that, on appeal from the decision of the Royal Court given on the
      day of, 20    specifying the period of8

… … … … … … … … … … … … … … … … … … … … … … … … … … … ...

that must expire before the notifier may apply to the Royal Court under Article 5(5) of the Sex Offenders (Jersey) Law 2010 for an order that the notifier no longer be subject to notification requirements under the said Law, the appellant will ask the Court of Appeal to order that:9



THE GROUNDS of the appeal are:10

(use separate sheet if nec.)



(Signed) …....................................................…

(Appellant). Date:……………….



_____________________________

7 Delete as appropriate

8 State period specified by the Royal Court

9 State order applied for

10 State full grounds

Form 3

ISLAND OF JERSEY

IN THE COURT OF APPEAL

On appeal from the Royal Court of Jersey

NOTICE OF APPEAL AGAINST ORDER UNDER ARTICLE 5(5) OF THE SEX OFFENDERS (JERSEY) LAW 2010 THAT A PERSON [CONTINUE TO] [NO LONGER]11 BE SUBJECT TO NOTIFICATION REQUIREMENTS UNDER THE LAW



Name of person currently subject to notification requirements:

_____________________________________________________________________



TAKE NOTICE that, on appeal from the decision of the Royal Court given on the
    day of, 20    ordering that the said person [continue to] [no longer]12 be subject to notification requirements under the Sex Offenders (Jersey) Law 2010, the appellant will ask the Court of Appeal to order that:13



THE GROUNDS of the appeal are:14

(use separate sheet if nec.)



(Signed) …....................................................…

(Appellant). Date:…………….



_____________________________

11 Delete as appropriate

12 Delete as appropriate

13 State order applied for

14 State full grounds

Form 4

ISLAND OF JERSEY

IN THE COURT OF APPEAL

On appeal from the Royal Court of Jersey

NOTICE OF APPEAL AGAINST [REFUSAL OF]15 ORDER UNDER ARTICLE 13(2) OF THE SEX OFFENDERS (JERSEY) LAW 2010 THAT A PERSON BECOME SUBJECT TO NOTIFICATION REQUIREMENTS



Name of person:

_____________________________________________________________________



TAKE NOTICE that, on appeal from the decision of the Royal Court given on the
      day of, 20    [ordering] [refusing to order]16 that the said person become subject to the notification requirements of the Sex Offenders (Jersey) Law 2010, the appellant will ask the Court of Appeal to order that:17



THE GROUNDS of the appeal are:18

(use separate sheet if nec.)



(Signed) …....................................................…

(Appellant). Date:………………



_____________________________

15 Delete if not applicable

16 Delete as appropriate

17 State order applied for

18 State full grounds

Form 5

ISLAND OF JERSEY

IN THE COURT OF APPEAL

On appeal from the Royal Court of Jersey

NOTICE OF APPEAL AGAINST [REFUSAL OF]19 A RESTRAINING ORDER UNDER ARTICLE [10(4)] [10(5)] [10(11)]20 OF THE SEX OFFENDERS (JERSEY) LAW 2010



Name of offender:

_____________________________________________________________________



TAKE NOTICE that, on appeal from the decision of the Royal Court given on the
      day of, 20    [making/amending] [refusing to make/amend]21 a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010 in respect of the above-named offender, the appellant will ask the Court of Appeal to order that:22



THE GROUNDS of the appeal are:23

(use separate sheet if nec.)



(Signed) …....................................................…

(Appellant). Date:………………



_____________________________

19 Delete if not applicable

20 Delete as appropriate

21 Delete as appropriate

22 State order applied for

23 State full grounds

Form 6

ISLAND OF JERSEY

IN THE COURT OF APPEAL

On appeal from the Royal Court of Jersey

NOTICE OF APPEAL AGAINST [REFUSAL OF]24 A TRAVEL ORDER UNDER ARTICLE [12(2)] [12(7)]25 OF THE SEX OFFENDERS (JERSEY) LAW 2010



Name of notifier:

_____________________________________________________________________



TAKE NOTICE that, on appeal from the decision of the Royal Court given on the
      day of, 20    [making/varying/renewing/discharging] [refusing to make/vary/renew/discharge]26 a travel order under Article 12 of the Sex Offenders (Jersey) Law 2010 in respect of the above-named notifier, the appellant will ask the Court of Appeal to order that:27



THE GROUNDS of the appeal are:28

(use separate sheet if nec.)



(Signed) …....................................................…

(Appellant). Date:………………



_____________________________

24 Delete if not applicable

25 Delete as appropriate

26 Delete as appropriate

27 State order applied for

28 State full grounds

Form 7

ISLAND OF JERSEY

IN THE COURT OF APPEAL

On appeal from the Royal Court of Jersey

NOTICE OF APPEAL AGAINST [REFUSAL OF]29 ORDER UNDER ARTICLE [15(2)] [15(3)]30 OF THE SEX OFFENDERS (JERSEY) LAW 2010 THAT A PERSON [CONTINUE TO]31 BE SUBJECT TO NOTIFICATION REQUIREMENTS



Name of person:

_____________________________________________________________________



TAKE NOTICE that, on appeal from the decision of the Royal Court given on the
    day of, 20    [ordering] [refusing to order]32 under Article 15 of the Sex Offenders (Jersey) Law 2010 that the above-named person [continue to]33 be subject to the notification requirements of the said Law, the appellant will ask the Court of Appeal to order that:34



THE GROUNDS of the appeal are:35

(use separate sheet if nec.)



(Signed) …....................................................…

(Appellant). Date:………………



_____________________________

29 Delete if not applicable

30 Delete as appropriate

31 Delete if not applicable

32 Delete as appropriate

33 Delete if not applicable

34 State order applied for

35 State full grounds

Form 8

ISLAND OF JERSEY

IN THE COURT OF APPEAL

On appeal from the Royal Court of Jersey

NOTICE OF APPEAL AGAINST [REFUSAL OF]36 A CHILD PROTECTION ORDER UNDER ARTICLE [11(4)] [11(8)] [11(10)] [11(13)]37 OF THE SEX OFFENDERS (JERSEY) LAW 2010



Name of defendant:

_____________________________________________________________________



TAKE NOTICE that, on appeal from the decision of the Royal Court given on the
      day of, 20    [making/varying/renewing/discharging] [refusing to make/vary/renew/discharge]38 a child protection order under Article 11 of the Sex Offenders (Jersey) Law 2010 in respect of the above-named defendant, the appellant will ask the Court of Appeal to order that:39



THE GROUNDS of the appeal are:40

(use separate sheet if nec.)



(Signed) …....................................................…

(Appellant). Date:………………



_____________________________

36 Delete if not applicable

37 Delete as appropriate

38 Delete as appropriate

39 State order applied for

40 State full grounds



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Court of Appeal (Sex Offenders Law) Rules 2010



R&O.115/2010



1 January 2011



Table of Renumbered Provisions



Original



Current



12(1)



12



12(2)



Spent, omitted



Table of Endnote References



[1]



chapter 07.245



[2]



chapter 23.815



[3]



chapter 23.815