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Bassington & ors v HM Procureur

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"appellate jurisdiction in civil matters which immediately before that day was vested in the Royal Court, sitting as the "Cour des Jugements et Records,

Furthermore by Art.13(2) the following transitional provision was made

"Any civil matter pending in the Royal Court sitting as a, "Cour des Jugements et Records" immediately before the day appointed under subsection (1) of this section shall on such day be transferred to the court of Appeal..."

Thus, there being an existing jurisdiction in the case of civil appeals the provisions of Art.13 of the Appeal Law of 1961 were drafted with the intention of transferring the appellate jurisdiction from the Court which had previously exercised that jurisdiction, to the newly created Court.

However, there being no such existing jurisdiction in the case of criminal appeals, it was necessary to start anew, and by Art.24 provision was made for an appeal "against conviction" as provided for and "against the sentence passed on his conviction..." suitable provision being made for the necessity of leave except in the case of an appeal on a ground which involved law only. It would seem that the provisions of that Article (Art.24) derived from the provisions of the English Court of Criminal Appeal Act 1907, being confined to challenging conviction and sentence.

The background to this legislation, together with the terms of the transitional provisions in Art. 13(2), strongly indicates, in our judgment, an intention that the whole of the civil jurisdiction of the Cour des Jugements et Records was to be transferred to the new Court.


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