CURRENT REFORM PROJECTS
GROUNDS FOR CRIMINAL APPEALS
Topic Commissioner: Claire de Than
We are currently working on a project about criminal appeals against conviction in Jersey. The key issues are whether and how the grounds for appealing should be reformed. The project is likely to have three phases. In the current phase 1, we are seeking to discover what people consider to be the problems with the current law by asking a series of ‘scoping’ questions. A scoping consultation paper can be downloaded here. We requested responses by 16 December 2016 (extended deadline). In phase 2 (consultation), we expect to publish a further consultation report, containing provisional findings and recommendations. In phase 3 (Topic Report) we will set out our final recommendations to the Chief Minister.
PRESCRIPTION AND LIMITATION
Topic Commissioner: Tim Hart (previously Jonathan Walker)
We published a consultation paper on prescription and limitation in March 2008 (click here to read it [2008 Prescription and Limitation]); we continue our work on this topic.
“Jersey law contains a multitude of prescription periods for different causes of action which must at the very least be confusing for the layman and in particular cases may result in injustice. Even the terminology is unclear: the words “prescription” and “limitation” are used interchangeably by Jersey lawyers, possibly reflecting the mixed origins of our legal system, the former word tending to be used in civil law jurisdictions, the latter in those subject to the common law. Some of the time periods, for example the forty year period for acquisition of title to land, reflect an age where communication was difficult and may no longer be appropriate in an age where communication is virtually instantaneous wherever one is in the world.” (‘Miscellany’, Jersey & Guernsey Law Review, October 2008)
Since 2019, we have been working on a project about champerty in Jersey. We continue our work on this topic.
Topic Commissioner: Mark Dunlop (previously Clive Chaplin)