Jersey: The International Comparative Legal Guide To Business Crime 2015

1 General Criminal Law Enforcement

1.1 What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?

Leaving aside the comparatively minor matters dealt with in the Magistrate's Court, all prosecutions within Jersey are brought in the name of Her Majesty's Attorney General for Jersey and by dint of modern practice are in the vast majority of cases prosecuted by a Crown Advocate, who is an appointee of the Attorney General, approved by the Bailiff (the head of the judiciary of Jersey), assigned to the case either from within the Law Officer's Department or from the private sector.

1.2 If there are more than one set of enforcement agencies, please describe how decisions on which body will investigate and prosecute a matter are made.

The States of Jersey Police are the principal investigative agency on the Island. While the majority of business-related crime is within the purview of the Joint Financial Crimes Unit (JFCU), it is increasingly the case that the Enforcement Division of the Jersey Financial Services Commission investigates regulatory offences, including breaches of the Companies Legislation. Resources and other considerations have led to these areas of investigation becoming the province of that Division.

The Intelligence Wing of the JFCU acts as the Island's Financial Intelligence Unit (FIU), in order to comply with Anti Money Laundering (AML) and Counter Terrorist Financing (CFT) Recommendations issued by the Financial Actions Task Force (FATF) and serves as the centre for the receiving, analysis and dissemination of Suspicious Activity Reports (SARs). It is also the case that the Enforcement Division of the Jersey Financial Services Commission receives and shares intelligence through appropriate gateways.

The Operational Wing of the JFCU is responsible for carrying out criminal investigations into serious and complex fraud, sometimes but not always originating from the development of SARs. The majority of the Wing's work is undertaken in conjunction with the Law Officer's Department, and powers exercisable by the Attorney General within the Investigation of Fraud (Jersey) Law 1991. In practice, this means that the investigation of cases of substance takes place at the direction of senior lawyers appointed by the Attorney General to advise and prosecute.

1.3 Is there any civil or administrative enforcement against business crimes? If so, what agencies enforce the laws civilly and which crimes do they combat?

The Jersey Financial Services Commission is responsible for the regulation, supervision and development of the financial services industry on the Island.

Under each of the Regulatory Laws pertaining to Financial Services, Banking Business, Insurance Business and Collective Investment Funds, and the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008, the Commission has powers in certain circumstances to issue directions, which could include directions as extreme as effectively closing down a regulated business and precluding the employment of named persons within the regulated sector. Lesser directions may be made, and all directions are attended by a public statement, which in itself is a regulatory sanction. Such a statement will form a regulatory sanction, or part of a sanction, by promulgating the findings of the Commission and any action it has taken in relation to a failure of a business or person to comply with a requirement of any relevant law or Code of Practice.

It is likely that within the foreseeable future the Commission will be given the power to impose civil penalties as a form of financial sanction, mirroring the similar power of the FSA and other regulatory bodies.

2 Organisation of the Courts

2.1 How are the criminal courts in Jersey structured? Are there specialised criminal courts for particular crimes?

The criminal courts comprise the Magistrate's Court and the senior courts, namely the Royal Court and the appellate courts. The Magistrate's Court is presided over by a stipendiary magistrate. He hears and disposes of the relatively minor offences, and commits the more serious offences to the Royal Court. The Royal Court has two divisions, namely the Inferior and Superior Numbers. The latter is in fact a sentencing court and sits on those cases in which sentences in excess of four years are to be imposed. The Inferior Number is a trial court in which statutory offences are heard by two Jurats (lay Justices), an office well known within European jurisprudence, as judges of fact and the Bailiff (or his qualified delegate) as the judge of law. Appeals from decisions of the Royal Court may be heard by the Jersey Court of Appeal, a tribunal made up predominantly of eminent lawyers from the various United Kingdom internal jurisdictions. Appeals from that court are heard by the Judicial Committee of the Privy Council and are generally limited to matters of principle. There are no specialised courts for particular crimes.

2.2 Is there a right to a jury in business-crime trials?

It is a feature of Jersey law that common law offences are tried by a jury and statutory offences are tried by two members drawn from a standing panel of Jurats. Most but not all 'business crimes' arise under statute so that trial by Jurat follows. It is the case, however, that Jersey has long had a generic crime of fraud which arises in common law and which is accordingly tried by jury. It is also the case that the larceny-based offences including larceny as a servant, fraudulent conversion and obtaining by false pretences arise in common law, as do the offences of false accounting, forgery and uttering. These offences are accordingly tried by jury and may in context amount to 'business crimes'.

3 Particular Statutes and Crimes

3.1 Please describe any statutes that are commonly used in Jersey to prosecute business crimes, including the elements of the crimes and the requisite mental state of the accused:

Fraud and misrepresentation in connection with sales of securities

Under section 39(L) of the Financial Services (Jersey) Law 1998, it is an offence for a person to knowingly or recklessly make misleading statements in relation to investments or to dishonestly conceal information in connection with a statement. The offender must act for the purpose of inducing, or be reckless as to whether he or she may induce, another person to deal or refrain from entering into an agreement or arrangement, the making of which or performing of which constitutes financial service business.

Insider trading

Under section 39(G) of the Financial Services (Jersey) Law 1998, it is an offence for a person, who has information as an insider, to deal in securities in relation to the information, encourage another to deal in relation to the information, or disclose inside information to another (other than in the proper course of his employment). However, there are a number of defences which are set out in the law, for example, where the person did not expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities; that at the time he or she believed on reasonable grounds that the information had been disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information; or that he or she would have done what he or she did even if he or she had not had the information.

Embezzlement

Please refer to preceding answer regarding common law offences of fraud.

Tax crimes

Tax evasion is normally prosecuted in Jersey under the Income Tax (Jersey) Law 1961, article 137(1), which states that if any person fraudulently or negligently delivers any incorrect statement; makes any incorrect statement, return or declaration in connection with any claims for any allowance, deduction or relief or submits to the Conptroller any incorrect accounts in connection with the ascertainment of his or her liability to income tax, they shall be guilty of an offence.

More serious conduct can be prosecuted as common law fraud, (see Attorney General v Michel (C.A.), 2006 JLR 287), where third parties, with the connivance of the accused, had deliberately made false representations to the Revenue. The accused was prosecuted and certain members of the third parties gave evidence against him.

Campaign-finance/election law

The Public Elections (Expenditure and Donations) (Jersey) Regulations 2011 govern the maximum sum that a candidate's election expenses shall not exceed. A candidate whose election expenses exceed, without reasonable excuse, the limit imposed by paragraph 1 of those Regulations is guilty of an offence and is liable to a fine.

Under paragraph 2 of the Regulations, a candidate shall, no later than 15 working days after the day the poll is held, deliver to the Greffier (returning officer), a written declaration of their election expenses, itemising the amounts spent and the goods and services on which they are spent, and the donations that they received. For donations greater than £100, they must specify the name of the donor, the amount or value of the donation, and whether the donation is of money, a loan of money, goods or the use of goods, or services.

A candidate who fails, without reasonable excuse, to deliver a declaration, or who delivers a declaration, knowing or believing it to be false is guilty of an offence and is liable to a fine.

Any other crime of particular interest in Jersey

Money Laundering

The Proceeds of Crime and Terrorism (Miscellaneous Provisions)(Jersey) Law, 2014, came into force on the 4th August, 2014. Its purpose was to create one set of anti-money laundering provisions, including the restraint and confiscation of such proceeds.

Previously, drug money laundering was dealt with under the Drug Trafficking Offences (Jersey) Law 1988, while the laundering of terrorist property was dealt with under the Terrorism (Jersey) Law 2002 and any other form of money laundering under the Proceeds of Crime (Jersey) Law, 1999.

The Jersey legislature took the view that the previous money laundering offences were too numerous and specific; accordingly, the 2014 Law revises the existing money laundering offences across the board and encapsulates them in a single consolidating statute so as to address the requirements of the jurisdiction more effectively. Generic offences concerning the use and possession of property for terrorist purposes, of dealing with criminal property, of transferring, concealing or removing criminal property and of facilitating the acquisition, use, possession or control of criminal property by or on behalf of another person, are to be found within the statute accordingly, with 'criminal property' defined as the proceeds of criminal conduct, or property representing such proceeds. The offences carry a maximum penalty of 14 years' imprisonment or a fine, or both.

It is of course the money laundering offence which gives territorial jurisdiction so that the locus of the predicate offending is immaterial to the charging of the money laundering and the freezing of assets in Jersey.

Market manipulation in connection with the sale of securities or derivatives

Under section 39(L)(2) of the Financial Services (Jersey) Law 1998, any person who does any act or engages in any course of conduct which creates a false or misleading impression as to the market in or the price or value of any investment is guilty of an offence. The person acting must do so: for the purpose of creating that impression and of thereby inducing another person to acquire, dispose of, subscribe for or underwrite that investment; or to refrain from doing so or to exercise, or refrain from exercising, any rights conferred by that investment.

3.2 Is there liability for inchoate crimes in Jersey? Can a person be liable for attempting to commit a crime, whether or not the attempted crime is completed?

Yes. The full range of inchoate offences exists in Jersey law. All of the inchoate offences apply to both statutory and customary law offences. The impossibility of committing the full offence is no defence to a charge of attempting to commit the office if the accused engages in overt acts sufficiently proximate to the offence.

4 Corporate Criminal Liability

4.1 Is there entity liability for criminal offences? If so, under what circumstances will an employee's conduct be imputed to the entity?

Corporate liability does exist. It exists on the same basis as in England. The imputation of conduct applies only in the case of those who possess the 'controlling mind' and the ability to determine corporate policy and strategy.

4.2 Is there personal liability for managers, officers, and directors if the entity becomes liable for a crime?

Personal liability of this sort can arise. Different circumstances exist in relation to different offences.

4.3 Where there is entity liability and personal liability, do the authorities have a policy or preference as to when to pursue an entity, when to pursue an individual, or both?

No. The prosecutorial decisions are taken so as to be appropriate to the individual circumstances of the specific case.

5 Statutes of Limitations

5.1 How are enforcement-limitations periods calculated, and when does a limitations period begin running?

Since the enactment of the Criminal Procedure (Prescription of Offences) (Jersey) Law 1999 there is no statutory limitation on the initiation of criminal proceedings in Jersey. The law does not, however, operate to revive proceedings which were prescribed before that date.

5.2 Can crimes occurring outside the limitations period be prosecuted if they are part of a pattern or practice, or ongoing conspiracy?

This is not applicable in Jersey.

5.3 Can the limitations period be tolled? If so, how?

This is not applicable in Jersey.

6 Initiation of Investigations

6.1 How are investigations initiated? Are there any rules or guidelines governing the government's initiation of any investigation? If so, please describe them.

Initial complaints are characteristically made to the States of Jersey Police or to the Law Officer's Department. Depending on the subject matter, the complaint may come to the attention of those authorities by another route, for example a complaint made to the Jersey Financial Services Commission. The complaint is ideally made through the intermediary of a local lawyer, although nothing prevents a direct approach to the relevant authority by the complainant.

6.2 Do the criminal authorities have formal and/or informal mechanisms for cooperating with foreign prosecutors? Do they cooperate with foreign prosecutors?

Local legislation gives wide powers to the Jersey authorities to cooperate with other governments and their agencies in the investigation and prosecution of crime and the recovery of the proceeds thereof. The provision of information and evidence and the securing of assets held on the Island are all enabled by the Investigation of Fraud (Jersey) Law 1991 and the Criminal Justice (International Co-operation) (Jersey) Law 2001.

Local legislation also enables the enforcement in Jersey of overseas forfeiture orders/confiscation orders.

The relevant authorities in Jersey are authorised to enter into asset sharing agreements with other governments when there has been anything in the nature of a combined operation resulting in the confiscation or forfeiture of assets.

7 Procedures for Gathering Information from a Company

7.1 What powers does the government have generally to gather information when investigating business crimes?

In addition to the powers of the police to obtain search warrants, arrest suspects, search following arrest and interview under caution, the Attorney General may exercise certain powers conferred under the Investigation of Fraud (Jersey) Law 1991 where there is a suspected offence involving serious or complex fraud, wherever committed, and there is good reason to do so for the purpose of investigating the affairs, or any aspect of the affairs, of any person. The powers include the issuing of a notice that may require the person under investigation or any other person to furnish information and/or documentation in relation to any matter relevant to the investigation.

Document Gathering:

7.2 Under what circumstances can the government demand that a company under investigation produce documents to the government, and under what circumstances can the government raid a company under investigation and seize documents?

In addition to the powers of search and seizure conferred on the police by the Police Procedures and Criminal Evidence (Jersey) Law 2003, which operates in a similar form to the English Police and Criminal Evidence Act 1984, several other powers are exercised by the Attorney General in relation to fraudulent offences.

Under section 2(3) of the Investigation of Fraud (Jersey) Law 1991, the Attorney General may, by notice in writing, require the person under investigation or any other person to produce any specified documents which appear to the Attorney General to relate to any matter relevant to the investigation. The Attorney General may take copies or extracts from them, require the person producing them to provide an explanation of any of them and if any such documents are not produced, may require the person who was required to produce them to state, to the best of their knowledge and belief, where they are.

If, on an application by the Attorney General, the Bailiff is satisfied, in relation to any documents, that there are reasonable grounds for believing that a person has failed to comply with an obligation to produce them, it is not practicable to serve a notice in relation to them, or the service of such a notice in relation to them might seriously prejudice the investigation, and that they are on premises specified in the application, the Bailiff may issue such a warrant authorising any police officer to enter and search the premises. The Bailiff is also authorised to take possession of any documents appearing to be documents of the description specified in the application or to take, in relation to any documents so appearing, any other steps which may appear to be necessary for preserving them and preventing interference with them.

7.3 Are there any protections against production or seizure that the company can assert for any types of documents? For example, does Jersey recognise any privileges protecting documents prepared by attorneys or communications with attorneys? Do Jersey's labour laws protect personal documents of employees, even if located in company files?

Notices or court orders may not compel the production of a document that is legally privileged, nor may legally privileged material be seized pursuant to a warrant. However, it is often impractical to identify privileged material at the time of seizure, such that potentially privileged material may be seized, but is then subject to independent review and must be returned if it is later determined to be privileged.

7.4 Under what circumstances can the government demand that a company employee produce documents to the government, or raid the home or office of an employee and seize documents?

In the same circumstances that apply in relation to companies (see question 7.2 above). In addition, a suspect's premises may be subject to search following arrest.

7.5 Under what circumstances can the government demand that a third person produce documents to the government, or raid the home or office of a third person and seize documents?

In the same circumstances that apply in relation to companies (see question 7.2 above).

Questioning of Individuals:

7.6 Under what circumstances can the government demand that an employee, officer, or director of a company under investigation submit to questioning? In what forum can the questioning take place?

Under section 2(2) of the Investigation of Fraud (Jersey) Law 1991, the Attorney General may, by notice in writing, require the person whose affairs are to be investigated or any other person whom he or she has reason to believe has relevant information, to answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith, and administer questions or otherwise obtain information accordingly. In practice, the questioning most frequently takes place by appointment at the Attorney General's office. This is as a matter of logistical convenience and is no more than a matter of practice which can be varied as appropriate.

7.7 Under what circumstances can the government demand that a third person submit to questioning? In what forum can the questioning take place?

The power to issue notices outlined in question 7.6 above can be used to compel witnesses to provide information.

7.8 What protections can a person being questioned by the government assert? Is there a right to refuse to answer the government's questions? Is there a right to be represented by an attorney during questioning?

In the case of police interviews, suspects are usually interviewed under caution and can therefore refuse to answer questions. No adverse inference may be drawn against a defendant at trial if he refuses to answer when questioned under caution. In the case of interviews held under the Investigation of Fraud (Jersey) Law 1991, persons who receive a notice compelling them to answer questions may not refuse to answer questions. Generally, the answers cannot be used against the person in subsequent criminal proceedings.

In either of the circumstances above, the interviewee has the right to have a legal adviser present.

8 Initiation of Prosecutions / Deferred Prosecution / Civil Dispositions

8.1 How are criminal cases initiated?

Criminal cases are generally, but not invariably, commenced by the defendant being charged at a police station by a Centenier (a parochial policing role operated in Jersey) and produced to the Magistrate's Court. Other forms of originating procedure are a written summons and presentation directly to the Royal Court on a police report at the direction of the Attorney General.

8.2 Are there any rules or guidelines governing the government's decision to charge an entity or individual with a crime? If so, please describe them.

Generally it is for the Centenier to take the original decision to charge. His decision not to charge can be overridden by the Attorney General If the matter is committed to the Royal Court it is for the Attorney General to decide whether a prosecution should be continued in that court and if so, what should be charged there. These prosecutorial decisions, as in the United Kingdom, are taken by reference to written guidelines issued by the Attorney General and published.

The Jersey guidelines are to be found at the following website:

http://www.gov.je/Government/NonexecLegal/LawOfficers/Pages/DecisionProsecute.aspx .

In brief, the prosecuting authority must be satisfied i) that the evidence is such as to provide a realistic prospect of conviction, and if so ii) that a prosecution is required in the public interest.

8.3 Can a defendant and the government agree to resolve a criminal investigation through pretrial diversion or an agreement to defer prosecution? If so, please describe any rules or guidelines governing whether pretrial diversion or deferred prosecution are available to dispose of criminal investigations.

No such arrangements exist in Jersey law/procedure.

8.4 In addition to or instead of any criminal disposition to an investigation, can a defendant be subject to any civil penalties or remedies? If so, please describe the circumstances under which civil penalties or remedies are appropriate.

Monetary orders can be imposed in the following circumstances following criminal conviction: i) compensation orders pursuant to the Criminal Justice (Compensation Orders) (Jersey) Law 1994; ii) orders for costs which are at the discretion of the court but which may, dependent on the circumstances of the defendant, include the entire cost of the prosecution; iii) fines, which have been used in relation to offences under the Money Laundering (Jersey) Order 2008 (see Attorney General v Caversham & Bell [2005] JRC165); and iv) confiscation orders, seizing the proceeds of crime.

There are a full range of civil remedies available to private companies and individuals who have been the victims of crime.

9 Burden of Proof

9.1 For each element of the business crimes identified above, which party has the burden of proof? Which party has the burden of proof with respect to any affirmative defences?

The burden is almost invariably upon the prosecution to prove that an offence has been committed. However, exceptionally, some laws specifically provide for a reverse burden. For example, the antidisclosure provisions relating to Money Laundering offences under Part 3 of the Proceeds of Crime (Jersey) Law 1999 place the burden on the defendant to prove that they took all reasonable steps and exercised due diligence to avoid committing the offence.

9.2 What is the standard of proof that the party with the burden must satisfy?

As with other common law jurisdiction, where the burden lies on the prosecution, the standard of proof is beyond all reasonable doubt. Where the burden lies on the defence, the standard of proof is a balance of probability.

9.3 In a criminal trial, who is the arbiter of fact? Who determines whether the party has satisfied its burden of proof?

In the Magistrate's Court, the Magistrate is judge of both fact and law. In a Royal Court trial of a common law offence, the jury are the arbiters of fact. When Jurats are sitting, in the case of a statutory offence, they are arbiters of fact. When the Jurats are equally divided then the casting vote is with the Judge in the case. His vote is cast in accordance with conscience and not in accordance with any convention either way.

10 Conspiracy / Aiding and Abetting

10.1 Can a person who conspires with or assists another to commit a crime be liable? If so, what is the nature of the liability and what are the elements of the offence?

The inchoate offences of conspiracy and of assisting are part of the customary law of Jersey. The elements of conspiracy are the making of an agreement to act unlawfully; the elements of assisting are the rendering of assistance with requisite knowledge. These offences attach to statutory as well as to customary law offences, as has been put beyond doubt by the enactment of the Criminal Offences (Jersey) Law 2009. That law sets out that a person who aids, abets, counsels or procures the commission of a statutory offence, or conspires, attempts or incites another to commit a statutory offence, is guilty of an offence and is liable to the same penalty as a person would be for the statutory offence.

11 Common Defences

11.1 Is it a defence to a criminal charge that the defendant did not have the requisite intent to commit the crime? If so, who has the burden of proof with respect to intent?

A defendant is entitled to be acquitted if the state of mind required by the offence has not been proved. In nearly all cases, the burden lies with the prosecution to prove the requisite state of mind. However, certain offences specifically provide for a reverse burden and some offences incorporate a specified qualification, which can mean that the defendant must prove that he had an innocent state of mind. In these cases the civil standard of proof, which is a balance of probability, will apply.

11.2 Is it a defence to a criminal charge that the defendant was ignorant of the law i.e. that he did not know that his conduct was unlawful? If so, what are the elements of this defence, and who has the burden of proof with respect to the defendant's knowledge of the law?

Ignorance of the law is not a defence.

11.3 Is it a defence to a criminal charge that the defendant was ignorant of the facts i.e. that he did not know that he had engaged in conduct that he knew was unlawful? If so, what are the elements of this defence, and who has the burden of proof with respect to the defendant's knowledge of the facts?

A genuine mistake of fact may entitle a defendant to be acquitted, where, for example, the mistake prevents him from possessing the relevant state of mind required for the offence. A belief in consent in a rape case is one example. If the issue is raised by the defendant, the onus of proving that the defendant did not make a mistake generally lies on the prosecution.

12 Voluntary Disclosure Obligations

12.1 If a person becomes aware that a crime has been committed, must the person report the crime to the government? Can the person be liable for failing to report the crime to the government?

Generally, a person is not obliged to report a crime. However, an offence may be committed under the Money Laundering (Jersey) Order 2008 where a person who receives information or has reasonable grounds for knowing or suspecting that another person is engaged in money laundering or terrorist financing and fails to report the same to the authorities.

13 Cooperation Provisions / Leniency

13.1 If a person voluntarily discloses criminal conduct to the government or cooperates in a government criminal investigation of the person, can the person request leniency from the government? If so, what rules or guidelines govern the government's ability to offer leniency in exchange for voluntary disclosures or cooperation?

Information by a person disclosing his own criminality or that of others is likely to lead to a discount in sentence if the matter proceeds to trial and sentence of the informant. The conventional discount is up to one third off the sentence which would otherwise have been imposed, but the discount in any given case is fact specific.

13.2 Describe the extent of cooperation, including the steps that an entity would take, that is generally required of entities seeking leniency in Jersey, and describe the favourable treatment generally received.

Please see question 13.1 above. This is entirely fact specific and does not allow for a general answer.

14 Plea Bargaining

14.1 Can a defendant voluntarily decline to contest criminal charges in exchange for a conviction on reduced charges, or in exchange for an agreed upon sentence?

There is no plea bargaining in Jersey. In Jersey the prosecution suggests a sentence to the court. The court is not bound by the suggestion and often departs from it. However, the defendant is entitled to know what the suggestion will be and this may condition his plea.

14.2 Please describe any rules or guidelines governing the government's ability to plea bargain with a defendant. Must any aspects of the plea bargain be approved by the court?

Please refer to question 14.1 above.

15 Elements of a Corporate Sentence

15.1 After the court determines that a defendant is guilty of a crime, are there any rules or guidelines governing the court's imposition of sentence on the defendant? Please describe the sentencing process.

As mentioned above, in the Royal Court the prosecution suggests the appropriate sentence. The court is not bound by the suggestion. Both the suggestion and the eventual sentence are set by reference to previous sentencing decisions of the senior courts of Jersey and England, including the guideline judgments of the courts in both jurisdictions. As to procedure, the prosecution outlines the facts and makes its sentencing proposal. The defence responds and the court decides. It is the Jurats who decide upon sentence. The judge has a casting vote in the case of a split decision. There is provision for an appeal against such sentence.

15.2 Before imposing a sentence on a corporation, must the court determine whether the sentence satisfies any elements? If so, please describe those elements.

If not already patent, ability to pay a fine/costs in a certain sum has to be properly established by the provision of audited accounts or otherwise.

16 Appeals

16.1 Is a guilty or a non-guilty verdict appealable by either the defendant or the government?

Defendants may appeal a verdict of guilty after a contested trial. The prosecution cannot appeal a not-guilty verdict but the Attorney General may, if he or she desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer that point to that court for its opinion.

16.2 Is a criminal sentence following a guilty verdict appealable? If so, which party may appeal?

A defendant may appeal any sentence.

If it appears to the Attorney General that the sentencing of a person in any proceedings in the Royal Court has been unduly lenient, they may, with the leave of the Court of Appeal, refer the case to the Court of Appeal to review the sentencing.

16.3 What is the appellate court's standard of review?

The Court of Appeal will allow an appeal against conviction by the defendant if it thinks that the verdict should be set aside on the grounds that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before which the appellant was convicted should be set aside on the grounds of a wrong decision of any question of law or that, on any grounds, there was a miscarriage of justice.

Appeals by the defendant against sentence will be allowed when the sentence is wrong in law, wrong in principle or manifestly excessive.

16.4 If the appellate court upholds the appeal, what powers does it have to remedy any injustice by the trial court?

If it allows an appeal against conviction, the Court of Appeal will quash the conviction, and direct a judgment and verdict of acquittal to be entered.

On any appeal against sentence, the Court of Appeal will, if it thinks that a different sentence should have been passed on the appellant in the proceedings from which the appeal is brought, quash the sentence and pass such other sentence warranted in law by the verdict (whether more or less severe) in substitution.

The Court of Appeal has the power to award costs in favour of a successful appellant.

www.bakerandpartners.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Baker & Partners
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Baker & Partners
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions