Lewis v Att. Gen. [2012] 2 JLR 147 (22 August 2012)
- Citation
- [2012] 2 JLR 147
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Application for Extension of Time to Appeal
More details
- Posture
- Criminal Appeal / Application for Extension of Time to Appeal
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court of Appeal alone has jurisdiction to grant extensions of time for filing notices of appeal against conviction; however, where an appellant has relied in good faith on an invalid extension granted by the Greffe, a single judge may grant a valid extension.
Court disposition
extension of time granted
Orders
- Extension of time to file notice of appeal against conviction granted by single judge
02
Material facts
Parties
Lewis
AppellantAttorney General
Respondent03
Procedural history
Posture
Criminal Appeal / Application for Extension of Time to Appeal
04
Questions and positions
Legal issues
- 01
Whether the Judicial Greffier has authority to grant extension of time to file notice of appeal against conviction
- 02
Whether a putative appellant relying in good faith on an invalid extension may be granted a valid extension by a single judge
Party arguments
- Applicant
- The appellant relied in good faith on an extension of time granted by the Greffe and seeks validation of the appeal period.
- Respondent
- The extension of time to appeal must be granted by the Court of Appeal, not the Judicial Greffier; the previous extension was invalid.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal procedure law
Extension of time to file notice of appeal against conviction must be granted by the Court of Appeal, not the Judicial Greffier.
- 02
Jersey Court of Appeal practice
A putative appellant who relies in good faith on an invalid extension may be granted a valid extension by a single judge.
06
Ratio, limits and disposition
Ratio decidendi
The Court of Appeal alone has jurisdiction to grant extensions of time for filing notices of appeal against conviction; however, where an appellant has relied in good faith on an invalid extension granted by the Greffe, a single judge may grant a valid extension.
Court disposition
extension of time granted
- Extension of time to file notice of appeal against conviction granted by single judge
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Lewis v Att. Gen. [2012] 2 JLR 147 (22 August 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR122147.html Cite as: [2012] 2 JLR 147 [ New search ] [ Help ] Lewis v Att. Gen. 2012 (2) JLR 147 (22 August 2012) Criminal Procedure-appeals-enlargement of time for appeal-extension of time to file notice of appeal against conviction to be granted by Court of Appeal, not Judicial Greffier-putative appellants who rely in good faith on invalid extension granted by Greffe may be granted extension by single judge The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (2) JLR 147 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR122147.html
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