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Draft Court of Appeal (Amendment) (Jersey) Law 2000-.

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A decision made (06/12/2007) regarding: Draft Court of Appeal (Amendment) (Jersey) Law 2000-.

Decision Reference: MD-C-2007-0064 

Decision Summary Title :

Draft Court of Appeal (Amendment) (Jersey) Law 2000-

Date of Decision Summary:

20th November 2007

Decision Summary Author:

Julian Morris

Policy and Research Manager

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

-

Written Report

Title :

Draft Court of Appeal (Amendment) (Jersey) Law 2000-

Date of Written Report:

1st October 2007 – as presented to the meeting of the Legislation Advisory Panel

Written Report Author:

Law Officer’s Department

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

The proposed Draft Court of Appeal (Amendment) (Jersey) Law 2000-

Decision(s): The Chief Minister, acting on the recommendation of the Legislation Advisory Panel, agreed to lodge the draft Court of Appeal (Amendment) (Jersey) Law 200-

Reason(s) for Decision: Sir Godfray Le Quesne, Q.C. undertook in 2000 a review of the workings of the Court of Appeal (Jersey) Law 1961 (“the Court of Appeal Law”). One of the main purposes of the attached projet de loi is to implement most of the recommendations in that review that have yet to be carried into effect. They are referred to in the accompanying Report as “the Le Quesne recommendations”.

However, this draft Law is not confined to implementing the Le Quesne recommendations: it would also make other extensive amendments to the Court of Appeal Law unconnected with the recommendations of Sir Godfray Le Quesne.

The attached Report analyses all the various amendments under the following headings:

A. The Le Quesne recommendations: civil causes or matters.

B. The Le Quesne recommendations: criminal and quasi-criminal matters.

C. Other amendments: review of unduly lenient sentences.

D. Other amendments: rights of appeal concerning confiscation orders.

E. Other amendments: miscellaneous.

F. Drafting (consequential etc.) amendments. 

This draft Law is the first thorough overhaul of the Court of Appeal (Jersey) Law 1961 since it was enacted. Many of the reforms - some of them overdue - relate to what may be described as ‘lawyers’ law’ but they are designed to ensure that the machinery of appellate justice Jersey, both criminal and civil, is properly suited to the 21st Century.

Resource Implications:   There are no financial or manpower implications.

Action required:

Request the Greffier of the States to lodge the Draft Court of Appeal (Amendment) (Jersey) Law 200- ‘au Greffe’ for consideration by the States in January 2008.

Signature: 

Position:

Chief Minister

Date Signed: 

Date of Decision (If different from Date Signed): 

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