Legislation – The Immigration (Jersey) Order 2021

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SCHEDULE 4TEMPORARY EXCLUSION ORDERS: APPEALS AGAINST CONVICTIONS

Section 12

Right of appeal

1.—(1) An individual who has been convicted of an offence under section 10(1) or (3) may appeal against the conviction if –

(a) a temporary exclusion order is quashed, and

(b) the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought.

(2) An individual who has been convicted of an offence under section 10(3) may appeal against the conviction if –

(a) a notice under section 9, or a permitted obligation imposed by such a notice, is quashed, and

(b) the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought.

Court in which appeal to be made

2. An appeal under this Schedule is to be made –

(a) in the case of a conviction before the Royal Court, to the Court of Appeal;

(b) in the case of a conviction before the Magistrate’s Court, to the Royal Court.

When the right of appeal arises

3.—(1) The right of appeal under this Schedule does not arise until there is no further possibility of an appeal against –

(a) the decision to quash the temporary exclusion order, notice or permitted obligation (as the case may be), or

(b) any decision on an appeal made against that decision.

(2) In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (1), any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.

The appeal

4.—(1) On an appeal under this Schedule to any court, that court must allow the appeal and quash the conviction.

(2) An appeal under this Schedule to the Court of Appeal against a conviction before the Royal Court –

(a) may be brought irrespective of whether the appellant has previously appealed against the conviction;

(b) may not be brought after the end of the period of 28 days beginning with the day on which the right of appeal arises by virtue of paragraph 3; and

(5) An appeal under this Schedule to the Royal Court against a conviction before the Magistrate’s Court –

(a) may be brought irrespective of whether the appellant pleaded guilty;

(b) may be brought irrespective of whether the appellant has previously appealed against the conviction or made an application in respect of the conviction under Article 37 of the Criminal Procedure (Jersey) Law 2018 (case stated);

(c) may not be brought after the end of the period of 21 days beginning with the day on which the right of appeal arises by virtue of paragraph 3; and

(d) is to be treated as an appeal under Article 33(2)(b) or (c) of that Law.