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Why Specialist Advice Matters
Proceedings in the Magistrate’s Court are governed by the Criminal Procedure (Jersey) Law 2018. Procedure is set by the Criminal Procedure (Jersey) Law 2018, and decisions about plea and which court hears the case are taken at the first hearings.
Who acts in the Magistrate’s Court
Jersey defence Advocates can act in both the Magistrate’s Court and the Royal Court of Jersey, and handle criminal and regulatory matters in both.
Send us an enquiry and we will point you towards Jersey firms that work in this area.
What the Magistrate's Court can and cannot decide
The Magistrate's Court is Jersey's lower criminal court, and its procedure is set by the Criminal Procedure (Jersey) Law 2018. Article 15 gives the Magistrate power to hear and determine criminal proceedings and to decide whether a defendant is remanded in custody or released on bail.
Its sentencing powers are capped. Article 16 limits the Magistrate to a fine of £10,000, 12 months' imprisonment, or both. Where a defendant is convicted of more than one offence, the combined fines or prison terms cannot exceed those limits. Cases needing a heavier sentence go to the Royal Court.
Your first appearance
The first hearing follows a set order under Article 23:
- You are identified as the person charged.
- The particulars of the offence are read out by the Centenier or by a prosecutor with the Centenier's agreement.
- You are asked to enter a plea. If you do not enter one, you are treated as pleading not guilty. The Magistrate can also direct that no plea is needed yet.
The prosecution can later amend the particulars, substitute the offence or add an alternative one. If it does, the new charge is read out and you are asked to plead again (Article 24).
Which court will deal with the case
After a plea, the Magistrate decides where the case goes next. On a guilty plea, Article 25 requires a decision on whether sentencing stays in the Magistrate's Court or moves to the Royal Court. On a not guilty plea, Article 26 requires the same decision about where the trial takes place.
The test is whether the gravity of the offence would call for more than the Article 16 maximum, or whether sending it up is in the interests of justice. Before deciding, the Magistrate must hear representations from both the prosecution and the defence. That makes the first hearings more significant than many defendants expect.
Disclosure and the defence case statement
Where a defendant pleads not guilty, the prosecution must disclose unused material that might undermine its case or help the defence (Article 82). It must also confirm in writing that it has done so, or that it holds no such material.
Once the prosecution evidence has been served and unused material disclosed, the defendant must give a defence case statement to the court and the prosecution (Article 83). Key points:
- It must be in the prescribed form and signed by the defendant.
- A defendant with no legal representative can ask the court to dispense with it.
- If it is missing or incomplete, the court must warn the defendant that comment may be made or inferences drawn, and it can order payment of prosecution costs caused by the failure.
Appealing a Magistrate's Court decision
Appeals go to the Royal Court, and the time limit is short. Under Article 33, a defendant who pleaded guilty can appeal against sentence or an order; one who pleaded not guilty can also appeal against conviction.
- Deadline: written notice of appeal, stating general grounds, must reach the Judicial Greffier no more than 7 days after the conviction, sentence or order (Article 34). Christmas Day, Good Friday and bank holidays are not counted.
- Late notice: the Royal Court can allow a late appeal on a written application to the Judicial Greffier.
- Risk on appeal: Article 36 allows the Royal Court to impose any penalty, whether more or less severe than the Magistrate imposed or could have imposed.
- Points of law: a party can instead ask the Magistrate to state a case for the Royal Court on a question of law or jurisdiction, within 7 days of the decision (Article 37). A defendant who does this loses the ordinary right of appeal under Article 33.
Legal aid and what to bring
Jersey's Legal Aid Scheme is established under the Access to Justice (Jersey) Law 2019. Article 2 places advocates and solicitors under a duty to provide legal aid in accordance with that Law, and legal services under the scheme include advice, assistance and representation.
Whoever you speak to, have these ready:
- The charge sheet or summons, and the date of your next hearing
- Any bail conditions
- Papers served by the prosecution
- Names of possible witnesses
- Details of any previous convictions
- Details of your income and savings, if you may apply for legal aid
Magistrate’s Court Representation Asked Questions
Here are answers to common questions about Magistrate’s Court Representation in Jersey. If you have unanswered questions, please contact us using the form above or you can contact us here.
What happens if my case is referred from the Magistrate’s Court to the Royal Court of Jersey?
The Magistrate sends a case to the Royal Court where the offence would call for more than the Magistrate's maximum sentence, or where that is in the interests of justice (Articles 25 and 26 of the Criminal Procedure (Jersey) Law 2018). Ask any advocate you speak to whether they can continue to act if that happens.
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