Police Court (Miscellaneous Provisions) (Amendment No. 5) (Jersey) Law 1996
AI-assisted research summary: This amendment lets a Magistrate send a guilty accused to the Royal Court for sentence when the Magistrate thinks the available penalty is too limited, and it gives the offender a right to appeal the Royal Court’s sentence.
Jersey Law 19/1996 POLICE COURT (MISCELLANEOUS PROVISIONS) (AMENDMENT NO. 5) (JERSEY) LAW 1996 ____________ A LAW to amend further the Police Court (Miscellaneous Provisions) (Jersey) Law 1949, sanctioned by Order of Her Majesty in Council of the 24th day of APRIL 1996 ____________ ( Registered on the 24th day of May 1996 ) ____________ STATES OF JERSEY ____________ The 21st day of November 1995 ____________ T HE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – ARTICLE 1 In paragraph (2) of Article 4 of the Police Court (Miscellaneous Provisions) (Jersey) Law 1949, as amended 1 (hereinafter referred to as “the principal Law”), for the word “If” at the commencement there shall be substituted the words “Subject to the provisions of Article 4A of this Law, if”. ARTICLE 2 After Article 4 of the principal Law, there shall be inserted the following Article – “ARTICLE 4A COMMITTAL FOR SENTENCE (1) If the accused has pleaded not guilty and the Magistrate, having heard the case, finds the accused guilty and if – (a) thereafter having examined the accused’s record of previous convictions; or (b) having regard to any other fact then brought to his knowledge, he is of the opinion that there should be imposed a penalty or penalties in excess of those which he is empowered by Article 4 of this Law to impose, he shall commit the accused in custody or on bail to the Inferior Number of the Royal Court to receive sentence.”. ARTICLE 3 In Article 13 of the principal Law after the words “this Part” there shall be inserted the words “and in Part IVA”. ARTICLE 4 For sub-paragraph (b) of paragraph (1) of Article 14 of the principal Law, there shall be substituted the following sub-paragraph – “(b) if he did not – (i) and was sentenced by the Magistrate, against the conviction or sentence; (ii) and was committed by the Magistrate for sentence under Article 4A of this Law, against the conviction.”. ARTICLE 5 After Part IV of the principal Law, there shall be inserted the following Part – “ PART IVA PROCEDURE, etc . ON COMMITTAL FOR SENTENCE ARTICLE 21C POWER OF ROYAL COURT Where an offender is committed by the Magistrate for sentence under Article 4A of this Law, the Royal Court shall enquire into the circumstances of the case and shall have power to deal with the offender in any manner in which it could deal with him if he had just been convicted of the offence on indictment before the Court. ARTICLE 21D APPEAL AGAINST SENTENCE The offender may appeal against a sentence passed by the Court pursuant to Article 21C of this Law in accordance with the proviso to sub-paragraph (c) of Article 24 of the Court of Appeal (Jersey) Law 1961, 2 as amended, 3 as if he had been convicted on indictment.”. ARTICLE 6 This Law may be cited as the Police Court (Miscellaneous Provisions) (Amendment No. 5) (Jersey) Law 1996. G.H.C. COPPOCK Greffier of the States. 1 Tome VII, page 547. 2 Volume 1961–1962, page 110. 3 Volume 1984–1985, page 137.