Court of Appeal (Criminal) (Preparatory Hearings) Rules 202-

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A decision made on 19 August 2021

Decision Reference: MD-HA-2021-0061
Decision Summary Title :	Approval of the Draft Court of Appeal (Criminal) (Preparatory Hearings) Rules 202-		Date of Decision Summary:	3 August 2021
Decision Summary Author:	Private Secretary		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Private Secretary
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report: Public or Exempt? (State clauses from Code of Practice booklet)	N/A
Subject: Approval of the Draft Court of Appeal (Criminal) (Preparatory Hearings) Rules 202-
Decision(s): The Minister confirmed his approval, pursuant to Article 40 of the Court of Appeal (Jersey) Law 1961, of the Draft Court of Appeal (Criminal) (Preparatory Hearings) Rules 202- (the Draft Rules) which are due to be made by the Court of Appeal.
Reason(s) for Decision: The Draft Rules are required to be brought by the Court of Appeal to replace Part 3 of the Police Procedures and Criminal Evidence (Preparatory Hearings) Rules 2003. As part of the final phase of implementing the Criminal Procedure (Jersey) Law 2018, Part 10 of the Police Procedures and Criminal Evidence Law (preparatory hearings and rulings) will be repealed and replaced by Part 8 of the Criminal Procedure Law (preparatory hearings and rulings in the Royal Court). Also, as part of this final phase, the 2003 Rules will be expressly repealed by Schedule 5 to the Criminal Procedure Law. The Court of Appeal (Jersey) Law 1961, under which the Draft Rules are to be made, provides that such Rules will be made subject to the approval of the Minister for Home Affairs where they affect the Governor or any other officer of the Prison. The Draft Rules affect persons in custody, and therefore the approval of the Minister is needed.
Resource Implications: None as a result of this decision.
Action required: The Private Secretary to advise the Law Officers’ Department of the decision.
Signature:		Position: Deputy Gregory Guida Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):