Appealing a decision of the Magistrate's Court
Who can appeal
A person convicted by the Magistrate’s Court may appeal to the Royal Court. There are three different scenarios which limit what can be appealed depending on what has happened:
- If the person pleaded guilty, they may appeal against the sentence or order given them by the Magistrate
- If the person pleaded not guilty and was found guilty at trial by the Magistrate and sentenced by the Magistrate, they may appeal against their conviction and/or the sentence given them
- If the person pleaded not guilty and was found guilty at trial by the Magistrate and sent to the Royal Court to be sentenced, they may appeal against their conviction
Any person who is aggrieved by a conviction or sentence may question the proceeding on the ground that is wrong in law or that the Magistrate has acted in excess of their jurisdiction. Such a person may apply to the Magistrate to state a case for the opinion of the Royal Court on a question of law or jurisdiction. If you wish to make such an application, please contact the Magistrate’s Court Greffier (mcg@courts.je) not more than seven days after the day on which the proceeding happened.
How to appeal
You should read Article 34 Criminal Procedure (Jersey) Law 2018 which sets out what you need to do to launch an appeal. You will need to prepare a notice of an appeal and send this to the Judicial Greffier at the Royal Court (see contact details) no more than seven days after the day on which the conviction happened, or on which the penalty or order was given.
If you are represented by a lawyer, you should ask your lawyer about appealing a decision and they will be able to advise you.
If you are not represented, your notice of appeal must be in writing and clearly state the grounds of appeal.
What happens next
The Judicial Greffier at the Royal Court will contact you to let you know that your appeal has been received and what you need to do next.