Jersey Judgment

Syvret v Att. Gen. [2009] JLR 330 (04 September 2009)

Criminal Procedure Right of Appeal Summary Proceedings Interlocutory Appeal

Citation: [2009] JLR 330
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Appeal on Right of Appeal in Summary Proceedings

More details

Posture: Criminal Appeal / Appeal on Right of Appeal in Summary Proceedings

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Professional case brief

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Source document

Holding and result

There is no right of appeal to the Court of Appeal against interlocutory or final decisions in summary proceedings; in proceedings on indictment, the right of appeal to the Court of Appeal exists but is limited by statute.

Court disposition

appeal dismissed

Material facts

Parties

Syvret

Appellant

Attorney General

Respondent

Procedural history

Posture

Criminal Appeal / Appeal on Right of Appeal in Summary Proceedings

Questions and positions

Legal issues

01
Whether there is a right of appeal to the Court of Appeal against interlocutory or final decisions in summary proceedings
02
Scope of appeal rights in proceedings on indictment under Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 90

Party arguments

Applicant: The appellant sought to appeal an interlocutory or final decision in summary proceedings to the Court of Appeal.
Respondent: The respondent argued that no such right of appeal exists in summary proceedings, and that interlocutory appeals in proceedings on indictment are limited by statute.

Court’s reasoning

Legal principles

01
Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 90

In summary proceedings, only appeal to Royal Court is permitted; no further appeal to Court of Appeal against interlocutory or final decision.

Ratio, limits and disposition

Ratio decidendi

There is no right of appeal to the Court of Appeal against interlocutory or final decisions in summary proceedings; in proceedings on indictment, the right of appeal to the Court of Appeal exists but is limited by statute.

Court disposition

appeal dismissed

Source and reliance status

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Judgment text

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Court record

Judgment

[2009] JLR 330

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BAILII >> Databases >> Jersey Law Reports >> Syvret v Att. Gen. [2009] JLR 330 (04 September 2009) URL: https://www.bailii.org/je/cases/JLR/2009/JLR090330.html Cite as: [2009] JLR 330 [ New search ] [ Help ] Syvret v Att. Gen. 2009 JLR 330 (04 September 2009) Criminal Procedure-appeals-right of appeal-in summary proceedings, only appeal to Royal Court-no further appeal to Court of Appeal against interlocutory or final decision-in proceedings on indictment, right of appeal to Court of Appeal but interlocutory appeal limited under Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 90 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: 2009 JLR 330 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2009/JLR090330.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 90

Legislation

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