An indictment in the Samedi Division of the Royal Court of Jersey requires specialist representation.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Royal Court Criminal Trials in Jersey
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
How a case reaches the Royal Court
Most criminal cases in Jersey begin in the Magistrate's Court, and only some are sent up to the Royal Court for trial. The procedure is set by the Criminal Procedure (Jersey) Law 2018.
When a defendant pleads not guilty in the Magistrate's Court, Article 26 requires the Magistrate to decide where the trial will take place. If the offence, on conviction, would call for a penalty greater than the Magistrate can impose, the case goes to the Royal Court. The Magistrate can also send a less serious case up where that is in the interests of justice. Both sides are heard before the decision is made.
The Attorney General can also start proceedings directly in the Royal Court where he or she considers it justified (Article 14). The defendant is then summoned to answer the indictment.
At the first Royal Court appearance, the defendant is identified, the indictment is read out and, unless the Bailiff directs otherwise, the defendant is asked to plead (Article 45). A defendant who does not enter a plea is treated as having pleaded not guilty.
Jury or Jurats: how the mode of trial is decided
A Royal Court criminal trial is heard either by a jury or by the Inferior Number, which sits without a jury. Article 48 sets out which one applies:
- Customary-law offences only. The defendant may elect trial by jury or trial by the Inferior Number.
- Statutory offences only. Where every charge is an offence under an enactment (including a UK Act that extends to Jersey), trial is by the Inferior Number without a jury, unless an enactment expressly provides otherwise.
- No election, or a mix of both. The Royal Court decides, having regard to the nature and gravity of the offence and after hearing the prosecution and the defence.
So whether a charge is a customary-law offence or a statutory one decides whether a jury is even possible. It is one of the first points to confirm with an advocate.
Trials with a jury
Under Article 49, when a case is tried with a jury the Royal Court is made up of the Bailiff and 12 jurors only. If the defendant is convicted, the Court then sits as the Inferior Number or the Superior Number for sentencing, depending on the penalty it may decide to impose.
Where the facts behind a guilty verdict are disputed at sentencing, Article 50 allows the trial court to tell the sentencing court its view of the facts.
Before trial: disclosure and the defence case statement
Disclosure runs both ways in Jersey criminal proceedings. Under Article 82, the prosecution must disclose unused material that might reasonably be considered capable of undermining its case or assisting the defence, and confirm in writing that it has done so. That duty continues until the case ends.
Once the prosecution has served its evidence and made that disclosure, Article 83 requires the defendant to give a defence case statement to the court and the prosecution. Under Article 84 it sets out the nature of the defence, the facts the defendant disputes and why.
Failing to comply carries consequences. The Magistrate or Bailiff can warn that comment may be made or inferences drawn, and can order the defendant or their legal representative to pay the prosecution's costs caused by the failure. For a defendant without a lawyer, the court can dispense with the requirement.
In a case that is complex or likely to be long, the Bailiff can order a preparatory hearing under Article 53 to identify the issues, help the jury or Court understand them and manage the trial.
How verdicts are reached
A jury must reach a unanimous verdict unless the Bailiff directs that a majority verdict will be accepted. Article 75 requires the Bailiff to allow a reasonable period first, and never less than 2 hours from when the jury retires. A majority verdict needs at least 10 of 12 jurors, or at least 9 if the jury has been reduced below 12.
Articles 75A to 75D set out what happens if a jury cannot agree, including the procedure where the Attorney General decides whether there should be a retrial.
What to bring to a first meeting with an advocate
- The charge sheet or indictment, and any summons.
- Your bail conditions, if any.
- Every document received from the police, the Magistrate's Court or the Royal Court, with dates.
- The date of your next hearing.
- Names of people who may be able to give evidence for you.
- A note of any phone records, messages, footage or other material you think matters, and where it is held.
Royal Court timetables are set by court directions, so bring every letter that mentions a date or deadline.
Royal Court Criminal Trials Asked Questions
Here are answers to common questions about Royal Court Criminal Trials in Jersey. If you have unanswered questions, please contact us using the form above or you can contact us here.
Can an Advocate be changed if my case has already started in the Royal Court?
Yes. You can transfer your legal instructions mid-case if you face rising costs or loss of confidence.
Still have questions?
Contact us and we’ll point you towards Jersey firms that work in this area.
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