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