Stevenson v Attorney General

JurisdictionJersey
CourtCourt of Appeal
JudgeLord Carlisle of Bucklow, Southwell and Beloff, JJ.A.:
Judgment Date10 May 1999
Date10 May 1999
COURT OF APPEAL
Lord Carlisle of Bucklow, Southwell and Beloff, JJ.A.:

Mrs. S.A. Pearmain for the applicant;

T.J. Le Cocq, Crown Advocate, for the Crown.

Cases cited:

(1) Att. Gen. v. Mallet, 1991 JLR N-7, followed.

(2) Att. Gen. v. Swanston, Royal Ct., September 11th, 1998, unreported.

(3) Benest v. Le Maistre, 1998 JLR 213, followed.

(4) Connelly v. D.P.P., [1964] A.C. 1254; [1964] 2 All E.R. 401; (1964), 235 L.T. 315; 48 Cr. App. R. 183; 128 J.P. 418; 108 Sol. Jo. 356, considered.

(5) Derbyshire C.C. v. Times Newspapers Ltd., [1992] Q.B. 770; [1992] 3 All E.R. 65; [1992] C.O.D. 305; (1992), 90 L.G.R. 221; 4 Admin. L.R. 469; on appeal, [1993] A.C. 534; [1993] 1 All E.R. 1011; (1993), 91 L.G.R. 179; 137 Sol. Jo. (L.B.) 52.

(6) Le Masurier (C.) Ltd. v. Alker, 1992 JLR 123, considered.

(7) R. v. Home Secy., ex p. Turkoglu, [1998] 1 Q.B. 398; [1987] 2 All E.R. 823, considered.

(8) R. v. Watton (1978), 68 Cr. App. R. 293, followed.

(9) Wemhoff v. Germany, June 27th, 1968, European Ct. of Human Rights, Series A, No. 7; (1968), 1 E.H.R.R. 55, considered.

(10) Weston v. Att. Gen., C.A., January 18th, 1980, unreported, considered.

Additional cases cited by counsel:

Advocate, In re an, 1978 J.J. 193.

Bassington Ltd. v. H.M. Procureur, Guernsey C.A., December 14th, 1998, unreported.

Dhillon v. Home Secy. (1988), 86 Cr. App. R. 14.

Eckle v. Germany, July 15th, 1982, European Ct. of Human Rights, Series A, No. 51; (1982), 5 E.H.R.R. 1.

König v. Germany, June 28th, 1978, European Ct. of Human Rights, Series A, No. 27; (1978), 2 E.H.R.R. 173.

McMahon v. Att. Gen., 1993 JLR 108.

R. v. Collins, [1970] 1 Q.B. 710; [1969] 3 All E.R. 1562; (1969), 134 J.P. 117; 113 Sol. Jo. 897; 54 Cr. App. R. 19.

R. v. Jefferies, [1969] 1 Q.B. 120; (1968), 112 Sol. Jo. 783; 52 Cr. App. R. 654.

Young v. Att. Gen., 1998 JLR N-8.

Legislation construed:

Court of Appeal (Jersey) Law 1961, art. 1: The relevant terms of this article are set out at page 106, lines 44-45.

art. 24: The relevant terms of this article are set out at page 107, lines 3-13.

art. 28: The relevant terms of this article are set out at page 107, lines 38-42.

art. 35(2): The relevant terms of this paragraph are set out at page 107, lines 18-20.

art. 42(1): The relevant terms of this paragraph are set out at page 107, lines 21-22.

European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, November 4th, 1950; Treaty Series 71(1953)) (Cmnd. 8969), art. 5(3):

"Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial."

art. 6(2): The relevant terms of this paragraph are set out at page 110, lines 7-8.

Courts—Court of Appeal—jurisdiction—specific jurisdiction not extended by general powers conferred by Court of Appeal (Jersey) Law, art. 28—general powers limited to determining questions arising within specific statutory jurisdiction—no power to grant bail conferred by art. 28

Criminal Procedure—bail—bail pending appeal—on appeal to Court of Appeal only Royal Court has jurisdiction to grant bail—rule that only granted in exceptional circumstances unaffected by European Human Rights Convention

The applicant applied to the Royal Court for bail pending the hearing of his application for leave to appeal against his conviction.

The applicant was convicted of robbery and possession of a controlled drug and sentenced to imprisonment. He subsequently applied for leave to appeal to the Court of Appeal and sought bail from the Royal Court pending the hearing of that application. The Royal Court refused to grant bail and he therefore applied to the Court of Appeal.

The applicant submitted that (a) the Court of Appeal had an inherent jurisdiction to grant bail as the Court of Appeal (Jersey) Law 1961, art. 28 extended the specific jurisdiction conferred on it; (b) there was an ambiguity in the law with respect to the grant of bail and therefore the court could refer to the European Convention on Human Rights, art. 6(2), which established a presumption of innocence on the part of an accused person until he had been proved guilty and therefore gave an entitlement to liberty, and hence bail, pending appeal against conviction; and (c) he had a right of appeal from the Royal Court's refusal to grant bail since the Royal Court had not applied the correct test in making its determination.

Held, dismissing the application:

(1) The Court of Appeal had no jurisdiction to grant bail pending appeal under the Court of Appeal (Jersey) Law 1961. The jurisdiction was conferred exclusively on the Royal Court by art...

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