Appeals against a decision of the Magistrate
The Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949 provides two methods of appealing a decision of the Magistrate: an ordinary appeal and an appeal by way of case stated.

In addition the Royal Court exercises a supervisory jurisdiction over lower Courts and a decision of the Magistrate may be the subject of an application for review.

Right of Appeal
Article 17 of the Law provides that a person convicted by the Magistrate’s Court may appeal to the Royal Court –

(a) if the person pleaded guilty or admitted the facts, against the sentence;

(b) if the person did not plead guilty or admit the facts;

(i) and was sentenced by the Magistrate, against the conviction or sentence,

(ii) and was committed by the Magistrate for sentence under Article 4, against the conviction.

Such orders can only be made with the consent of the defendant and so no right of appeal lies in relation to the making of a probation or a community service order in the first instance. A person who breaches a probation or a community service order may be brought back before the Magistrate, who may discharge such order and instead impose a sentence for the offence(s) in respect of which the probation order or community service order had first been made. A defendant also has the right to appeal against this sentence to the Royal Court.

An appeal under Article 17 is begun by the appellant giving Notice of Appeal stating the general grounds of appeal.
This Notice must be given in writing to the Judicial Greffier within eight days after the day on which the decision of the Magistrate’s Court was given although the Royal Court has power to extend this time limit. This would have to be supported by an affidavit setting out the reasons for the failure to appeal within the time limit.

The powers of the Royal Court on appeal include the power to award any punishment, whether more or less severe than that awarded by the Magistrate’s Court.

If the appeal is successful, the Royal Court may order the payment out of public funds of such sums as appear to the court reasonably sufficient to compensate the appellant for any expenses properly incurred –
(i) in the prosecution of the appeal, and
(ii) in the proceedings in the Magistrate’s Court.

If the appeal is unsuccessful, the Royal Court may order the appellant to pay the whole or any part of the costs of the appeal.

Judicial review of Magistrate’s decision
The Royal Court exercises a supervisory jurisdiction over lower Courts and a decision of the Magistrate may be the subject of an application for review. The most common application that is made is a review of a decision of the Magistrate to refuse to grant bail.

Appeals from decisions of the Youth Court
An appeal from a decision of the Youth Court lies to the Youth Appeal Court, which consists of the Bailiff and three members of the Youth Court Panel who were not members of the Youth Court from which the appeal is being heard.

The provisions the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949 regarding appeals (and an application for the Magistrate of the Youth Court to state a case) from a decision of the Magistrate apply mutatis mutandis to appeals from the Youth Court to the Youth Appeal Court.