About
Court of Appeal
Appeals from decisions of the Royal Court in criminal cases
An appeal against a decision of the Royal Court in criminal cases lies to the Court of Appeal, save in the case of an appeal against sentence only imposed by the Inferior Number of the Royal Court where appeal lies to the Superior Number of the Royal Court. The Superior Number, whilst sitting in this capacity, has the same status as the Court of Appeal. There is no further right of appeal to the Court of Appeal from the determination of an appeal by the Superior Number against a sentence imposed by the Inferior Number.
Right of appeal
A person who has been convicted on indictment by the Royal Court may appeal to the Court of Appeal against conviction on any ground which involves a question of law alone.
In relation to an appeal against conviction which involves a question of fact or on any other ground, either leave (permission) of the Court of Appeal is required or a certificate obtained from the judge who presided at the person’s trial stating that it is a fit case for appeal.
The leave of the Court of Appeal is also required to appeal against sentence imposed by the Inferior Number or the Superior Number (sitting as a sentencing Court of first instance).
The Attorney General may, with the leave of the Court of Appeal, appeal against a sentence insofar as it consists of an order imposed under the Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005, on the grounds that the order does not impose a mandatory minimum period of imprisonment of sufficient length, having regard to the circumstances of the offence or offences in relation to which the order relates.
