1999/81 - Stevenson v AG [1999] UR 81 (10 May 1999)

1999/81 - Stevenson v AG [1999] UR 81 (10 May 1999)

The Court of Appeal (Jersey) has no jurisdiction to grant bail pending appeal, as Article 35(2) of the 1961 Law confers that power exclusively on the Royal Court. Article 28 does not extend the Court of Appeal's jurisdiction beyond what is expressly provided. The correct test for bail after conviction is whether exceptional circumstances exist such that justice can only be done by granting bail. The European Convention on Human Rights does not alter this statutory position.

Citation
[1999] UR 81
Parties
Applicant/appellant: Alexander McMillan Stevenson; Respondent: Attorney General (Crown)
Jurisdiction
Jersey
Judgment Date
10 May 1999
Procedural Posture
Criminal Appeal (application for Bail Pending Appeal) / Application for Bail Pending Determination of Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application dismissed
Legal Topics
Bail Pending Appeal, Jurisdiction of Appellate Courts, Interpretation of Statutory Provisions, European Convention on Human Rights
Criminal Law Appellate Procedure Bail Pending Appeal Jurisdiction of Appellate Courts Interpretation of Statutory Provisions European Convention on Human Rights

Case Brief

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Parties

Alexander McMillan Stevenson

Applicant/appellant

Attorney General (Crown)

Respondent

Procedural Posture

Criminal Appeal (application for Bail Pending Appeal) / Application for Bail Pending Determination of Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Does the Court of Appeal (Jersey) have jurisdiction to grant bail pending appeal under the 1961 Law?
  2. 2 What is the correct test for granting bail after conviction and pending appeal?
  3. 3 Does the European Convention on Human Rights require or affect the grant of bail in these circumstances?

Ratio Decidendi

The Court of Appeal (Jersey) has no jurisdiction to grant bail pending appeal, as Article 35(2) of the 1961 Law confers that power exclusively on the Royal Court. Article 28 does not extend the Court of Appeal's jurisdiction beyond what is expressly provided. The correct test for bail after conviction is whether exceptional circumstances exist such that justice can only be done by granting bail. The European Convention on Human Rights does not alter this statutory position.

Court Disposition

Application dismissed

Orders

  • Application for bail pending appeal is dismissed.