JERSEY'S JUDICIAL SYSTEM: THE COURT OF APPEAL - 12 June 1997

Unlike the Royal Court, which has its origins in antiquity, the Island's main appellate Court, the Court of Appeal, was introduced comparatively recently and is a creature of statute, namely the Court of Appeal (Jersey) Law 1961.

Prior to this enactment, the main appellate Court in the Island was the Royal Court sitting as the Superior Number, namely the Bailiff (or Deputy Bailiff) and at least seven Jurats. Today, the Court of Appeal not only has jurisdiction in all civil and criminal matters but also has jurisdiction in appeals against decisions of the Superior Number exercising original jurisdiction.

The Court of Appeal usually sits with three Judges selected from a panel comprising the Bailiff, the Deputy Bailiff and other persons who have either held judicial office in the Commonwealth or practised for at least ten years at the Bar in the UK, Guernsey or the Isle of Man.

Applications for leave to appeal and certain interlocutory applications may be heard by a single Judge of the Court of Appeal.

The Court of Appeal normally sits on four occasions during the year with each sitting lasting a week (although other sittings can be arranged for matters of special urgency or if there is sufficient demand in respect of appeals waiting to be heard).

A defendant in a criminal action who has been convicted on indictment before the Royal Court has an unfettered right to appeal against his conviction on a point of law. Leave is, however, required from the Judge in the Court below, or the Court of Appeal, for an appeal against conviction on a matter of fact or law and fact mixed.

Leave is also required for appeals against sentence except where the sentence is fixed by law. The Superior Number of the Royal Court retains its appellate jurisdiction in respect of criminal appeals against sentence.

Appeals in civil proceedings may be brought without leave on a question of law or where the value of the matter in dispute is more than £3,000. Leave is required for appeals in interlocutory matters, save where the liberty of the subject or the custody of infants is concerned.

There is a right of appeal from decisions of the Court of Appeal to the Judicial Committee of the Privy Council.

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