Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

11 June 1999

Before: F C Hamon, Deputy Bailiff and

Jurats Le Ruez and Allo

AG

v

John Alexander Crawford

Application for release on bail, pending determination of a Representation brought by the applicant against the Prison Board.

On 28 January 1998, the applicant pleaded guilty to 2 counts of illegal entry and larceny, 2 counts of breaking and entering and larceny and 2 counts of assault, and was sentenced to a total of 2½ years imprisonment. The applicant applied for leave to appeal against sentence and this was refused on 12 February 1998; the applicant exercised his entitlement to renew the application to the plenary Court, under Article 39 of the Court of Appeal (Jersey) Law 1961 on 16 February 1998. On 2 June 1998, the Superior Number of the Royal Court, exercising appellate jurisdiction, refused the application for leave to appeal.

Bail application refused.

J G P Wheeler, Crown Advocate

Advocate S E Fitz for the applicant

JUDGMENT

THE DEPUTY BAILIFF: This is a representation by John Alexander Crawford, which is based on the proposition that the effect of the power contained in Article 35(4) of the Court of Appeal (Jersey) Law, 1961 is to discourage prisoners from appealing and that that is contrary to the principles of justice. There are allegations that the Prison Board failed to comply with the requirements of the law and the principles of natural justice.

The representor was sentenced on 28 January 1998, [1998.015]to a total of 2½ years imprisonment for 6 counts; 2 of illegal entry and larceny; 2 of breaking and entering and larceny and 2 of assault. He applied for leave to appeal against the sentence outlined in that paragraph and leave was refused on 12 February 1998. He renewed his application for leave to appeal to the plenary Court, under Article 39 of the Court of Appeal (Jersey) Law, 1961 on 16 February 1998 and was unsuccessful. Prior to the application the Representor’s original release date was due to be 11 June 1999, which took into account a deduction of one-third for remission.

Subsequent to the application, however, six weeks was disregarded in the computation of the Representor’s sentence in accordance with Article 35(4) of the Court of Appeal (Jersey) Law, 1961 and it is that which amongst other things Mr Crawford says is contrary to the principles of justice because it is designed to discourage prisoners from appealing.

Mr. Crawford also relies on the fact that he has not been treated fairly by the Prison Board. All that is going to be decided very shortly. Mr Crawford is making an application here for bail. Our problem is that the representor, Mr Crawford, is a convicted prisoner. He is not an appellant and as the Court of Appeal said in Stevenson v AG (10 May, 1999) Jersey Unreported CofA, the matter of bail pending appeal is dealt with expressly in Article 35(2) which provides:

This is no such matter; the appeal has long since come and gone. The plenary Court refused leave to appeal. Miss Fitz has asked me to use our inherent jurisdiction to grant bail in this case. The action has been set down for next Thursday. On reflection we do not see that we could or should have that power. The Prison Board has been convened and we have no doubt that the judgment of the Court in those circumstances will not be long delayed and in the circumstances we refuse the application.

Authorities

Court of Appeal (Jersey) Law, 1961 Articles 35(2); 35(4); 39.

Stevenson v AG [1999/081] Jersey Unreported CofA.