Criminal trials before the Inferior Number
In criminal cases that are tried before the Inferior Number (a Judge and two Jurats) the Jurats are the judges of fact. The Inferior Number tries the more serious contraventions (e.g. breaches of a Law passed by the States) which are beyond the jurisdiction of the Magistrate. As stated, the criminal cases most commonly tried by the Inferior Number are contraventions of the Misuse of Drugs (Jersey) Law 1978 and the Customs and Excise (Jersey) Law 1999 which can attract lengthy prison sentences.

The Jurats also determine the sentence, fine or the sanction to be pronounced or imposed in criminal cases.

Procedure in a trial before the Inferior Number
Calling the case
The Bailiff asks the Greffier to call the case. If in custody the accused is brought from the cells or if on bail is called forward to take his/her seat behind defence counsel. The Greffier calls the case (“Her Majesty’s Attorney General – v – full name of accused”) and the Crown Advocate and the defence counsel say “garde”.

Reading the charges
The Bailiff asks the Greffier to read the indictment (or billet in the case of statutory offences e.g. breaches of law relating to Planning or Health and Safety).

Entering pleas
The defendant is asked to plead or to state whether the facts are either admitted or denied. However, the difference in procedure between indictments and billets has become blurred and the practice of responding “not guilty” or “guilty” is becoming more prevalent.

Calling and swearing in of witnesses
The Greffier calls the witnesses. If the accused wishes to give evidence, the Bailiff gives him/her the following warning:

“You wish to give evidence on your own behalf? You are not obliged to do so but if you do you will be obliged to answer not only the questions that are put to you by your own Advocate but also those put to you by the Attorney General (Crown Advocate) or by the Court and you will be obliged to answer them whether you think that they will do your case good or harm. Do you wish to give evidence on those conditions?”

Retirement of witnesses
All the witnesses then retire to the witness room or are released having been told when to return to Court.

Crown Advocate’s opening address
The Crown Advocate delivers an opening address to the Court summarising the prosecution’s case.

Calling and examination of witnesses for the prosecution
The Crown Advocate then calls the witnesses for the prosecution in turn. The Crown Advocate questions the witness (examination-in-chief) and the defence can then cross-examine the witness. The Crown then has the right to re-examine the prosecution witness on any matter arising from cross-examination.

Reading of witness statements where evidence is not contested
Where evidence of a witness is non-contentious, the statement of the witness is read to the court or the relevant parts incorporated into a formal admissions statement.

Defence opening and examination of defence witnesses
After the prosecution has concluded, defence counsel may make a submission of “no case to answer” – that the prosecution has failed to prove the case beyond all reasonable doubt. If the submission succeeds the Bailiff dismisses the defendant from the prosecution. If no such submission is made or if the submission is unsuccessful, the defence opens and calls witnesses for the defence. If the defendant has elected to give evidence he/she is usually called first before other defence witnesses. [Defendants are present in Court throughout the trial so they cannot alter their evidence to match that by defence witnesses. Expert witnesses may give evidence before the defendant.]
A similar process of examination-in-chief, cross-examination and re-examination takes place.

Closing speeches by prosecution and defence
After all defence witnesses have been heard prosecution and defence counsel make their closing speeches to the court.

Bailiff’s summing up to the Jurats
The Bailiff sums up to the Jurats in open Court. Jurats are experienced assessors of fact and summing up to Jurats differs in scope and content to that given to a jury. There are common features and the Bailiff sets out:

(a) the ingredients of each of the offences with which the accused is charged, and what the prosecution must prove, as a matter of law, to establish that an offence has taken place;
(b) possibly a reminder of the burden of proof that the prosecution is required to discharge before the Jurats might properly convict the accused, namely proof beyond all reasonable doubt so the Jurats are “sure” the accused committed the offence charged. If the accused is charged with more than one offence the Jurats may be reminded to consider the evidence on each count separately.

The Bailiff may also give a summary of the main points of the evidence but in a significantly truncated form to that given to a jury.

Court retires to consider its verdict
The Bailiff retires with the Jurats to consider the verdict. The Bailiff is a reserve judge of fact and has a casting vote in the event the Jurats are equally divided.

Announcing the verdict
The Court returns and announces the verdict on each count.

Guilty verdict
If the verdict is guilty, the Bailiff asks the Crown Advocate how the prosecution moves. The accused is remanded in custody or on bail to a date for sentencing before the Inferior or the Superior Number. The Court will order background and other reports to be prepared.

The Judge’s casting vote in Inferior Number trials
The Royal Court (Jersey) Law 1948 states that in all causes and matters civil, criminal or mixed, the judge has a casting vote whenever the Jurats:
(a) being two in number, are divided in opinion as to the facts or as to the damages to be awarded or as to the sentence, fine or other sanction to be pronounced or imposed; or
(b) being more than two in number, are so divided in opinion with respect to any one or more of the matters specified in paragraph (a) above that the giving of a casting vote is necessary for the finding of a majority opinion.

Not guilty verdict
If the verdict is not guilty, the accused is discharged. Defence Counsel will make an application for costs, which will be decided by the Bailiff.