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Bassington & ors v HM Procureur

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Appeal for the Channel Islands with jurisdiction to hear appeals from both Islands. The Suggestions and Recommendations set out the then existing jurisdiction of the Royal Court of Guernsey whether sitting as a Full Court or an Ordinary Court, and form a useful summary of the relevant jurisdiction of the courts in the Island at that time.

In criminal cases no appeal lay as to conviction or sentence save by special leave to Her Majesty in Council.

As to the civil jurisdiction, the Full Court sitting as the Cour des Jugements et Records was described as

"the Court of Appeal from all decisions of the Ordinary Court where the amount in dispute exceeds the sum of £25 and on points of law from those where the amount in dispute is less than the foregoing or where no amount is involved…. A further appeal lies to the Judicial Committee of His Majesty's Privy Council ...",

Thus there was a right of appeal within the Island as to civil matters but not from criminal convictions or sentences on indictment.

The Full Court comprised the Bailiff or Lieutenant Bailiff and not less than seven Jurats, while the ordinary Court, which had the original jurisdiction in all civil matters and what was described by this Court in Century at page 3 as a "dwindling jurisdiction" in criminal matters, comprised one of these Judges and two Jurats.

It follows that there was no appeal procedure in the case of serious criminal convictions and sentences, the only remedy being the expensive bringing of an application for special leave and its prosecution before the Judicial Committee.


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