Armed Forces
(Offences and Jurisdiction) (Jersey) Law 2017
A LAW to provide for the jurisdiction
of the police, courts and other authorities of British and other armed forces
over members of those forces in Jersey, to empower civilian police to arrest
and detain members of the British armed forces in connection with that
jurisdiction, to create offences relating to those forces, to make provision
for members of those forces in relation to civilian police and courts, and for
connected purposes
Commencement [see endnotes]
Part 1
Interpretation
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Armed Forces Act”
means the Armed Forces Act 2006 of the United Kingdom;
“civilian court”
means any court or tribunal exercising a criminal or civil jurisdiction under
the law of Jersey, and, despite Articles 2 and 3, does not include –
(a) a
service court; or
(b) a
court that is a relevant authority under the relevant law of a listed country,
within the meaning of Article 3;
“civilian offence”
means an offence under the law of Jersey, and, despite Articles 2 and 3,
does not include –
(a) a
forces offence; or
(b) an
offence under the relevant law of a listed country, within the meaning of Article 3;
“force”, other than
in the expression “police force”, means a naval, military or air
force;
“forces law” means –
(a) the Armed
Forces Act;
(b) the Reserve
Forces Act 1980 and the Reserve Forces Act 1996 of the United
Kingdom;
(c) section 113
of the Police and Criminal Evidence Act 1984 of the United Kingdom; and
(d) any
enactment of the United Kingdom made under any of those Acts or that section;
“forces offence”
means an offence in respect of which a service authority or service court has
jurisdiction under forces law;
“forces powers” is
to be construed in accordance with paragraph (2)(c);
“Minister” means
the Minister for Justice and Home Affairs;
“Police Procedures Law”
means the Police Procedures and Criminal Evidence (Jersey) Law 2003;
“service authority”
means a service police force, within the meaning of the Armed Forces Act, or
any other authority of a force whose members are subject to service law;
“service court”
means a court established under forces law, or any other court to which an
appeal is taken from such a court;
“service custody”
means the custody, under forces law, of a service authority or service court;
“service law” is to
be construed in accordance with paragraph (2)(a);
“service person”
has the meaning given by paragraph (2)(b).[1]
(2) For
the purposes of this Law –
(a) a
person is “subject to service law” if that person is so subject
under the definition of that expression in section 374 of the Armed Forces
Act;
(b) a
person is a “service person” if that person is –
(i) a person who is
subject to service law,
(ii) a
member of a reserve force, within the meaning of the Armed Forces Act, who is
not subject to service law, or
(iii) any
other person who is liable to recall for the purpose of the Reserve Forces
Act 1980 or the Reserve Forces Act 1996 of the United Kingdom; and
(c) a
person is “subject to forces powers” if that person falls within Article 2(2),
other than by virtue of Article 2(3).
(3) For
the purposes of this Law –
(a) a
reference to an enactment of the United Kingdom is a reference to that
enactment as from time to time amended, excluding any provision that is
extended (with or without modification) to Jersey;
(b) “amend”,
in relation to such an enactment, includes repeal; and
(c) if a
provision of such an enactment is repealed or expires, and is re-enacted (with
or without modification), a reference in this Law to the repealed or expired
provision is to be construed as a reference to the provision so re-enacted.
(4) The
Minister may, without prejudice to the generality of Article 18, by Order
amend paragraph (1) or (2) to the extent that it appears to the Minister
to be necessary or expedient to amend a definition in that paragraph in
consequence of any amendment, made after the coming into force of this Law, to
an enactment of the United Kingdom forming part of forces law.
(5) An
Order under paragraph (4) may contain such transitional, consequential,
incidental or supplementary provision as appears to the Minister to be necessary
or expedient for the purposes of the Order, including provision by way of
amendment of any provision of this Law.
Part 2
Jurisdiction
of courts and authorities of
armed Forces
2 Exercise
of powers under forces law
(1) The
service courts and service authorities may within Jersey exercise, over persons
falling within paragraph (2), all the powers that are exercisable in the
United Kingdom under forces law by those courts and authorities over those
persons.
(2) A
person falls within this paragraph if he or she –
(a) is a
service person; or
(b) has
ceased to be a service person, but is liable under forces law to prosecution
for an alleged forces offence committed while he or she was a service person.
(3) For
the purpose of paragraph (1), a person who is not a service person, but
whom a service authority reasonably believes to be a service person, is to be
treated as a person falling within paragraph (2) in relation to the
exercise in Jersey by that service authority of a power that is exercisable by a
service authority in the United Kingdom under forces law in relation to a
person who is reasonably believed to be a service person.
(4) A
certificate issued by a service authority, stating that a person is a service
person, or was a service person at a time specified in the certificate, is to
be taken as sufficient evidence of the fact so stated for the purpose of
proceedings in a civilian court, unless the contrary is proved.
(5) Without
prejudice to the generality of paragraph (1) –
(a) the
powers that may be exercised under that paragraph include any power exercisable
by a service court or service authority under forces law –
(i) to detain a
person, in service custody or otherwise, or
(ii) to
remove a person from Jersey; and
(b) any
place where a person is lawfully held in service custody, or is otherwise
lawfully detained in exercise of a power under paragraph (1), is to be
taken to be a legal place of detention for the purposes of the Inquests and Post-Mortem Examinations (Jersey) Law 1995.
(6) Without
prejudice to the generality of paragraph (1), if a sentence has been
passed (whether in or outside Jersey) by a service court on a person who, when
that sentence was passed, was subject to forces powers, then for the purpose of
any proceedings in a civilian court –
(a) that
service court is deemed to have been properly constituted;
(b) the
sentence is deemed to be within the jurisdiction of that court and in
accordance with forces law; and
(c) the
sentence is deemed to have been lawfully executed if it is executed according
to its tenor.
(7) Subject
to paragraph (3), nothing in paragraph (1) is to be construed as
permitting the exercise of a power over a person who is not subject to forces
powers (a “civilian”).
(8) Accordingly,
and without prejudice to the generality of paragraph (7), the exercise of
a power under paragraph (1) does not limit any right of a civilian in
relation to any property.
(9) For
the purpose of paragraph (8) –
(a) the
reference to a right in relation to property includes a right of an owner or
tenant of premises that are entered or searched, a right of an owner or hirer
of a vehicle that is stopped or searched, a right of an owner of an item or
document that is found or seized in a search, and any other right in relation
to any other property; and
(b) it is
irrelevant whether a person who is subject to forces powers shares the right
mentioned in that paragraph as a joint owner or in any manner, or has any other
right in relation to the property mentioned in that paragraph.
3 Exercise
of powers under laws of visiting forces
(1) In
this Article –
“home force” means
any of the regular forces or the reserve forces, within the meaning of those
terms in the Armed Forces Act;
“listed country”
means a country that –
(a) is specified
in section 1(1)(a) of the Visiting Forces Act 1952 of the United
Kingdom; or
(b) is
designated by an enactment of the United Kingdom under section 1(2) of
that Act as a country to which section 2 of that Act applies;
“relevant authority”,
in relation to a listed country, means a court, police force or other authority
of that country, that has jurisdiction over members of the forces of that
country under the relevant law of that country;
“relevant law”, in
relation to a listed country, means the law governing all or any of the forces
of that country.
(2) The
relevant authorities of a listed country may within Jersey exercise, over
persons falling within paragraph (3), all the powers that are exercisable
by them, over those persons, according to the relevant law of that listed country.
(3) A
person, other than a person subject to forces powers, falls within this
paragraph in relation to a listed country if he or she is –
(a) a member
of a visiting force of that listed country;
(b) a relevant
civilian accompanying a visiting force of that listed country; or
(c) a member
of a force of that listed country who is a visiting member of a headquarters.
(4) For
the purpose of paragraph (3) –
(a) a
body, contingent or detachment of a force is a visiting force if –
(i) it is visiting
Jersey at the invitation of any of the home forces, and
(ii) a
jurisdiction authorization, being an authorization issued by the Minister under
paragraph (5), is in effect for the time being for that visit;
(b) a relevant
civilian is a person who –
(i) is subject to the
relevant law of the listed country, otherwise than as a member of that country’s
forces, and
(ii) is
neither a British citizen nor ordinarily resident in Jersey or the United
Kingdom;
(c) a
person is a visiting member of a headquarters if the person –
(i) is for the time
being appointed to serve in the United Kingdom under the orders of a
headquarters, within the meaning of the International Headquarters and Defence
Organisations Act 1964 of the United Kingdom, and
(ii) is
visiting Jersey in connection with that service, on a visit for which a
jurisdiction authorization is in effect for the time being under paragraph (5);
(d) a
person is not to be treated as a member of a force if that person became, or
last became, a member of that force at a time when he or she –
(i) was in Jersey or
in the United Kingdom, and
(ii) did
not consent to becoming such a member; and
(e) if a
force is in the nature of a reserve or auxiliary force (by whatever name
called), a person is a member of that force so long as, but only so long as, the
person is called into actual service (by whatever expression described) or is
called out for training.
(5) The
Minister –
(a) may
issue a jurisdiction authorization for –
(i) a particular
visit,
(ii) all
visits within a particular period by a particular force or by a particular
listed country’s forces,
(iii) any
other description of visits, whether by reference to periods, forces, listed
countries or otherwise, or
(iv) all
visits by all forces of all countries that are listed countries at the time the
authorization is issued;
(b) must,
before deciding whether to issue a jurisdiction authorization in relation to
any listed country –
(i) have particular
regard to any agreement, as to visits by forces, to which the United Kingdom
and that listed country are parties (including an agreement that does not apply
in respect of Jersey), and
(ii) be
satisfied that in all the circumstances it appears likely that the relevant
authorities of that listed country will not, in the exercise of their powers
under paragraph (2), act in a way which is incompatible with a Convention
right, as defined by Article 1(1) of the Human Rights (Jersey) Law 2000;
(c) may
attach to a jurisdiction authorization any condition appearing necessary or
expedient to the Minister in relation to the matters mentioned in sub-paragraph (b),
including a condition that imposes a limit on the powers that may be exercised
under paragraph (2);
(d) must
give one or more of the home forces written notice of an issued jurisdiction
authorization; and
(e) may
revoke a jurisdiction authorization at any time, by giving written notice
to –
(i) the home force or
forces to which notice was given under sub-paragraph (d), and
(ii) if
a member of a force of a listed country is present in Jersey on a visit for
which the jurisdiction authorization was issued, to a person appearing to be a
relevant authority of that listed country.
(6) Without
prejudice to the generality of paragraph (2) or to any limit imposed under
paragraph (5)(c) –
(a) the
powers that may be exercised under paragraph (2) include any power exercisable
by a relevant authority under the relevant law of the listed country –
(i) to detain a
person, in custody or otherwise, or
(ii) to
remove a person from Jersey; and
(b) any
place where a person is lawfully held in custody by a relevant authority, or is
otherwise lawfully detained in exercise of a power under paragraph (2), is
to be taken to be a legal place of detention for the purposes of the Inquests and Post-Mortem Examinations (Jersey) Law 1995.
(7) Without
prejudice to the generality of paragraph (2) or to any limit imposed under
paragraph (5)(c), if a sentence has been passed (whether in or outside
Jersey) by a court that is a relevant authority of a listed country (the
“relevant court”) on a person who, when that sentence was passed, fell
within paragraph (3) in relation to that listed country, then for the
purpose of any proceedings in a civilian court –
(a) that
relevant court is deemed to have been properly constituted;
(b) the
sentence is deemed to be within the jurisdiction of that relevant court and in
accordance with the relevant law of that listed country; and
(c) the
sentence is deemed to have been lawfully executed if it is executed according
to its tenor.
(8) Articles 2(7)
to (9), 4, 5 and 6 apply in respect of the powers of a relevant authority of a
listed country under this Article over a person falling within paragraph (3),
as they apply in respect of the powers of a service court or service authority
under Article 2 over a person subject to forces powers.
4 Service
proceedings barring subsequent civilian proceedings
(1) This
Article applies to a person who –
(a) has
been convicted or acquitted of a forces offence; or
(b) has
had such an offence taken into consideration when being sentenced under forces
law.
(2) A
civilian court may not try that person for any civilian offence for which,
under the law of Jersey, it would be debarred from trying the person if he or
she had been convicted, or (as the case may be) acquitted, of the corresponding
offence by a civilian court.
(3) For
the purpose of paragraph (2) the “corresponding offence” is
the civilian offence, if any, that is constituted by the act, or alleged act,
that constitutes the forces offence mentioned in paragraph (1).
(4) In
paragraph (1) the references to a person being convicted, acquitted or
sentenced are to be read in accordance with the forces law applicable to the
forces offence.
5 Decision
of Attorney General on overlapping jurisdiction
(1) This
Article applies to a person subject to forces powers who –
(a) is
suspected of an act that constitutes both a forces offence and a civilian
offence; and
(b) is
not protected by Article 4 from prosecution for that civilian offence.
(2) The
Attorney General may issue a certificate that states that he or
she –
(a) is considering
whether it is more appropriate for the person to be dealt with for the civilian
offence; or
(b) has
decided that it is more appropriate for the person to be dealt with for the
civilian offence.
(3) The
certificate is valid during a period starting with the issue of the certificate
and ending (without prejudice to the power to issue a further certificate) on a
date specified in the certificate.
(4) The
Attorney General –
(a) may
withdraw a certificate at any time; and
(b) must
withdraw a certificate –
(i) on deciding that
it is not more appropriate for the person to be dealt with for the civilian
offence,
(ii) on
deciding not to commence any proceedings for that offence, or
(iii) on the
conclusion of the proceedings for that offence.
(5) During
the period of validity of a certificate a service court or service authority
may not take any step that would prejudice or obstruct the investigation and
prosecution of the civilian offence.
(6) Without
prejudice to the generality of paragraph (5), and irrespective of whether
the person is in service custody, the steps that may not be taken
include –
(a) obstructing
access to the person by the police;
(b) obstructing
the production of the person to a civilian court dealing with his or her
prosecution for the civilian offence;
(c) removing
the person from Jersey; or
(d) dealing
with the forces offence in such a way that the person becomes protected by Article 4
from prosecution for the civilian offence.
(7) The
Attorney General must, in considering under paragraph (2) whether to issue
a certificate and whether it is more appropriate for a person to be dealt with
for a civilian offence, have particular regard to –
(a) whether
the offence was solely against the property of the Crown or against national
security;
(b) whether
the offence was solely against the person or property of a person who was
subject to service law at the time of the offence;
(c) whether
the offence arose out of an act in the performance of official duty;
(d) if
the person suspected of the offence is not subject to service law, whether that
person is ordinarily resident in the United Kingdom; and
(e) whether
a service authority has indicated that it considers it to be of particular
importance that, before the person is dealt with for the civilian offence, the
person should –
(i) be dealt with for
the forces offence, or
(ii) take
part in active service, within the meaning of section 8 of the Armed Forces Act.
(8) A
written statement by a service authority, stating that an act was in the
performance of official duty, is to be taken as sufficient evidence of the fact
so stated for the purpose of paragraph (7)(c), unless the Attorney General
is satisfied to the contrary.
(9) For
the purpose of paragraph (1)(a), the person remains suspected of the act
after being charged for the civilian or forces offence constituted by the act,
and accordingly nothing in paragraph (1)(a) prevents the Attorney General
from issuing a certificate after such a charge but before the conclusion of any
proceedings on such a charge.
6 Detention
pending decision on overlapping jurisdiction
(1) In
this Article “relevant suspect” means a person –
(a) who is
in police detention within the meaning of Article 2 of the Police
Procedures Law;
(b) who is
suspected of a civilian offence, but who has not yet been charged with that
offence; and
(c) in
respect of whom there are reasonable grounds for believing that he or she may
be a person subject to forces powers.
(2) To
the extent that grounds are required under the Police Procedures Law for police
detention before charge, there are to be taken to be such grounds in relation
to a relevant suspect at any time when the conditions in both of paragraphs (4)
and (5) are met.
(3) The
grounds provided by paragraph (2) are in addition to any other grounds for
police detention that may apply in respect of a relevant suspect.
(4) The
first condition is that there are reasonable grounds for believing that
enquiries are being conducted diligently and expeditiously into
whether –
(a) the
relevant suspect is a person subject to forces powers;
(b) if
so, whether a service authority wishes to take any action over any forces
offence constituted by the act on suspicion of which the relevant suspect was
detained by the police;
(c) if
so, whether and for what reasons that authority wishes to request the delivery
of the relevant suspect into service custody for the purpose of that action;
and
(d) if
so, whether the Attorney General wishes to accede to that request.
(5) The
second condition is that there are reasonable grounds for believing that the
relevant suspect’s detention is necessary –
(a) to
enable those enquiries to be completed; or
(b) to
ensure that a decision can be made, and carried out, as to whether the person is
delivered into service custody.
Part 3
civilian
offences and police powers related to desertion, absence without leave and malingering
7 Interpretation
of Part 3
In this Part –
“absence without
leave” and “desertion” in relation to a person have the meanings
they have under the forces law applicable to that person, and it is irrelevant
whether the service from which that person is absent is in Jersey or elsewhere;
“unlawful absentee”
means a service person who –
(a) has
deserted; or
(b) is
absent without leave.
8 Offences
related to desertion, absence without leave and malingering
(1) In
this Article –
“injury” includes
any disease and any impairment of a person’s physical or mental condition;
“relevant civilian”
means a person who –
(a) is
not subject to forces powers; and
(b) is in
Jersey, or is elsewhere but is resident in Jersey.
(2) A
relevant civilian commits an offence if, knowing that another person is a
service person or knowing the circumstances by virtue of which that other
person is a service person, the relevant civilian –
(a) intentionally
causes the service person to be absent without leave;
(b) aids,
abets, counsels or procures the service person to commit an offence under
forces law of –
(i) desertion, or
(ii) absence
without leave;
(c) knowing
or believing the service person to have committed such an offence,
intentionally impedes the service person’s apprehension or prosecution;
(d) intending
to cause the service person to avoid service or any particular duty or kind of
duty –
(i) causes,
aggravates or prolongs an injury to the service person, or
(ii) pretends
to any person (including the service person) that the service person has an
injury; or
(e) knowing
or believing that the service person intends to avoid service or any particular
duty or kind of duty, aids, abets, counsels or procures the service person
to –
(i) cause, aggravate
or prolong an injury to the service person, or
(ii) pretend
to any other person that the service person has an injury.
(3) A
relevant civilian who commits an offence under paragraph (2) is liable to
imprisonment for a term of 2 years and to a fine.
9 Arrest
of deserter or absentee without leave
(1) A
police officer may, in compliance with a request (whether specific or general)
of a service authority to do so, arrest without warrant a person reasonably
suspected of being an unlawful absentee.
(2) The
Magistrate may issue a warrant, addressed to a police officer, for the arrest
of a person if satisfied by evidence given under oath or affirmation
that –
(a) that
person is or is reasonably suspected of being an unlawful absentee who is
present in Jersey; and
(b) a
service authority has made a request (whether specific or general) for the
arrest of that person by a police officer.
(3) A
person arrested under this Article must as soon as practicable be transferred
to service custody.
10 Deserter
or absentee without leave surrendering to civilian police
(1) This
Article applies if a person surrenders to a police officer as being an unlawful
absentee.
(2) If
the surrender occurs at a place which is not a police station, the police officer
must, subject to paragraph (8), detain the person and take the person, or
secure that the person is taken, to –
(a) a
designated police station; or
(b) a
police station other than a designated police station, if to do so would have
been lawful under Article 28 of the Police Procedures Law if the person
had been arrested by the police officer for an offence.
(3) Paragraph (4)
applies to the custody officer at the police station –
(a) at
which the surrender occurs; or
(b) to
which the person is brought under paragraph (2).
(4) The
custody officer must, subject to paragraph (8), detain the person for as
long as is necessary for the custody officer to –
(a) consider
the case and take action under paragraph (5); or
(b) arrange
for the person to be brought, as soon as practicable, before the Magistrate for
the case to be considered and action taken under paragraph (5).
(5) The
custody officer or the Magistrate, after considering the case under paragraph (4)(a)
or (b) respectively, must –
(a) if it
appears that the person is not an unlawful absentee, order that the person
should no longer be detained under this Article (without prejudice to whether
he or she is to continue to be detained on any other basis); or
(b) if it
appears that the person is an unlawful absentee –
(i) arrange for the
person to be transferred to service custody, and, if necessary, continue the
person’s detention pending that transfer,
(ii) if
the person is also in custody for some other cause, notify a service authority,
of the force from which the person appears to be absent, that it may make
representations to the Attorney General as to whether the person should be
transferred to service custody, or
(iii) if
the person is not also in custody for some other cause, release the person
subject to a condition that he or she reports, at or by such time as may be
specified in the condition, to such place or person as may be so specified for
the purpose of enabling him or her to be taken into service custody.
(6) If
a person who is released under paragraph (5)(b)(iii) fails to comply with
the condition subject to which the person was released, the Magistrate may
issue a warrant for his or her arrest.
(7) A
person arrested under a warrant issued under paragraph (6) must as soon as
practicable be transferred to service custody.
(8) A
police officer or custody officer detaining a person under paragraph (2)
or (4) must –
(a) ensure
that prompt and reasonable efforts are made to seek evidence from a service
authority as to whether the person is an unlawful absentee; and
(b) cease
to detain the person under that paragraph if satisfied, on information from a
service authority, that the person is not an unlawful absentee.
(9) In
this Article “custody officer”, “designated police
station” and “police station” have the meanings that they
have in the Police Procedures Law.
Part 4
Other civilian provisions
11 Arrest
by police of person specified in judge advocate warrant
(1) In this
Article –
“judge advocate warrant” means a warrant issued under
section 313 of the Armed Forces Act;
“relevant overseas officer” means the officer of a UK
police force, or of a British overseas territory police force, within the
meaning of that section, to whom a judge advocate warrant is addressed;
“wanted person” means the person for whose arrest a
judge advocate warrant is issued.
(2) The Magistrate may, on
the application of a police officer, issue a warrant for the arrest of a wanted
person if –
(a) the
police officer or the relevant overseas officer produces or repeats the evidence
given under oath or affirmation on which the judge advocate warrant was issued;
and
(b) the
Magistrate has reasonable grounds for believing –
(i) that the wanted
person is in Jersey, and
(ii) that
there are reasonable grounds for the execution of the warrant in Jersey.
(3) A warrant issued under
this Article –
(a) must
specify –
(i) the name of the
wanted person, and
(ii) the
offence recorded in the judge advocate warrant as the offence that the wanted
person is alleged to have committed; and
(b) may
be executed by any police officer who is in possession of the warrant, or of a
copy of that warrant or the judge advocate warrant.
(4) A person arrested under
a warrant issued under this Article –
(a) must
be shown, on being arrested, the warrant or copy mentioned in paragraph (3)(b);
and
(b) must,
as soon as practicable, be transferred –
(i) to the custody of
the relevant overseas officer, or
(ii) to
service custody.
12 Arrest
by police of person unlawfully at large from service detention
A person who has been sentenced to service detention, within the
meaning of the forces law applicable to that person, and who is unlawfully at
large under that forces law –
(a) may be arrested without
a warrant by a police officer; and
(b) may be taken to the
place in which the person is required in accordance with that forces law to be
detained.
13 Offence
of obstructing person subject to service law in course of duty
(1) A
person (“the first person”) commits an offence if –
(a) the
first person intentionally obstructs another person (“the other
person”);
(b) the
other person is subject to service law and is acting in the course of his or
her duty; and
(c) the
first person either –
(i) knows the
circumstances by virtue of which the other person is subject to service law, or
(ii) has
reasonable cause to believe that those circumstances exist.
(2) A
person guilty of an offence under this Article is liable to imprisonment for a
term of 1 year and to a fine of level 3 on the standard scale.
14 Offences
relating to false information
(1) A
person, other than a service person, commits an offence if he or she knowingly
provides information that is false or misleading in a material particular in
connection with a procedure prescribed by forces law for enlistment or
attestation by that person or another person.
(2) A
person, other than a service person, commits an offence if he or she knowingly
provides information that is false or misleading in a material particular in
connection with an application or claim, by that person or another person,
under regulations made under any provision of Part VIII of the Reserve
Forces Act 1996 of the United Kingdom.
(3) A
person guilty of an offence under this Article is liable to imprisonment for a
term of 1 year and to a fine of level 3 on the standard scale.
15 Detention
in prison
A person in service custody may be detained in a prison, within the
meaning of the Prison (Jersey)
Law 1957, if –
(a) the service authority
with custody of the person requests the use of the prison;
(b) the governor of the
prison, at his or her discretion, consents to the request; and
(c) the detention is
pending the person’s removal from Jersey for the purposes of the
investigation of, or proceedings in respect of, a suspected forces offence.
16 Evidence
in civilian courts
(1) In
proceedings for an offence before a civilian court under Article 8, 13
or 14, a relevant document is admissible to the same extent as it would be
admissible, under any enactment of the United Kingdom forming part of forces
law, in a court in England other than a service court, in proceedings for an
offence under such an enactment.
(2) In
this Article “relevant document” means a document, including a
record or certificate, that purports to be issued by or on behalf of a service
authority.
17 Limits
on enforcement in civilian courts in matters relating to service
(1) In
this Article –
“His Majesty’s
forces” does not include the forces of a country, other than the United
Kingdom, that is a member of the Commonwealth;
“relevant pay or
pension” means any pay, pension, benefit, bounty, grant or allowance
payable to a person in respect of that person’s, or any other
person’s, service in His Majesty’s forces.[2]
(2) No
proceedings, whether under customary law or under any enactment, may be
entertained by a civilian court with regard to –
(a) any
relevant pay or pension, other than by way of proceedings mentioned in
paragraph (5);
(b) the
terms of a person’s service in His Majesty’s forces; or
(c) a
person’s discharge from such service.[3]
(3) Each
of the following is void –
(a) an
assignment of any relevant pay or pension;
(b) a
charge on any relevant pay or pension;
(c) an
agreement to assign or charge any relevant pay or pension.
(4) No
order may be made, whether under customary law or under any enactment, by a
civilian court the effect of which would be –
(a) to
prevent a person from receiving any relevant pay or pension; and
(b) to
direct payment of it to another person.
(5) Nothing
in paragraph (3) or (4) –
(a) applies
to the making or variation of an order for the arrest of wages; or
(b) prejudices
any enactment providing for the payment of a sum to the Viscount or to a
liquidator for distribution among creditors.
(6) An
item is not subject to arrest or distraint in any proceedings in a civilian
court, whether under customary law or under any enactment, if the item is a
weapon or other instrument, or an item of clothing or other equipment,
that –
(a) belongs
to a member of any of His Majesty’s forces; and
(b) is
used by that person in the course of his or her service in that force.[4]
Part 5
Miscellaneous and closing
18 Powers
to make amendments to this and
other enactments
(1) The
States may by Regulations amend this Law to make such provision as appears to
the States to be necessary or expedient in consequence of an amendment, made
after the coming into force of this Law, of a provision of an enactment
described in paragraph (2).
(2) The
enactments to which paragraph (1) applies are –
(a) forces
law;
(b) the Visiting
Forces Act 1952 of the United Kingdom, or any enactment under that Act; or
(c) the International
Headquarters and Defence Organisations Act 1964 of the United Kingdom, or
any enactment under that Act.
(3) The
States may by Regulations amend any enactment described in paragraph (4) to
make such provision as they consider necessary or expedient for, or in
connection with, the arrest, detention, release or transfer to service custody
of persons who are, or who are reasonably believed to be –
(a) persons
subject to forces powers;
(b) persons
falling within Article 3(3); or
(c) persons
otherwise liable to arrest or detention under any of Articles 9, 10, 11,
12 or 14.
(4) The
enactments to which paragraph (3) applies are –
(a) the Police
Procedures Law;
(b) the Prison (Jersey) Law 1957;
(c) the Repatriation of Prisoners (Jersey) Law 2012;
(d) any
enactment under any Law mentioned in sub-paragraphs (a) to (c); and
(e) any
other enactment making provision in relation to bail.
(5) The
States may by Regulations amend any of Articles 6, 9, 10 and 15 to make
such provision as they consider necessary or expedient in consequence of the commencement,
after the adoption of this Law by the States, of any enactment –
(a) making
provision in relation to bail; or
(b) amending
an enactment described in any of paragraphs (4)(a) to (4)(d).
(6) The
States may by Regulations amend any enactment described in paragraph (7) to
make such provision as they consider necessary or expedient to make provision
for, or in connection with, the use of vehicles and roads by persons subject to
forces powers, persons falling within Article 3(3), and the forces of which
those persons are members.
(7) The
enactments to which paragraph (6) applies are –
(a) the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948;
(b) the Motor Vehicle Registration (Jersey) Law 1993;
(c) the Motor Vehicles (International Circulation) (Jersey) Law 1953;
(d) any
enactment under any Law mentioned in sub-paragraphs (a) to (c);
(e) the Road Traffic (Jersey) Law 1956;
(f) the
Motor Vehicles (Construction and Use) (Jersey) Order 1998; and
(g) the Motor Vehicles (Driving Licences) (Jersey) Order 2003.
(8) The
States may by Regulations amend any enactment, whether or not falling within
any of the preceding paragraphs, to make such provision as they consider
necessary or expedient in consequence of the coming into force of this Law.
(9) Regulations
under this Article may contain such transitional, consequential, incidental or
supplementary provision as appears to the States to be necessary or expedient
for the purposes of the Regulations.
19 Citation
This Law may be cited as the Armed
Forces (Offences and Jurisdiction) (Jersey) Law 2017.