Criminal Justice
(Life Sentences) (Jersey) Law 2014
A LAW to make provision for a minimum
period of imprisonment to be ordered by a court when a person is sentenced to
life imprisonment and for review of such a person’s detention and release
from prison on licence
Commencement [see endnotes]
PART 1
Interpretation
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“child” means a person who has not attained the age of 18 years;
“discretionary life sentence” means a sentence of life
imprisonment which is not a mandatory life sentence;
“licence”, in relation to the release of a life prisoner
from prison, shall be construed in accordance with Article 18;
“life prisoner” means a person serving in Jersey a
sentence in respect of which an order for a minimum period of imprisonment has
been made;
“mandatory life sentence” means a sentence of life
imprisonment which is fixed by law as described in paragraph (2);
“minimum period of imprisonment” means the period
specified by a court in an order under Article 10 or Article 14;
“Minister” means the Minister
for Justice and Home Affairs;
“murder which is aggravated by sexual orientation or
disability” shall be construed in accordance with Article 3;
“murder which is racially or religiously aggravated” shall
be construed in accordance with Article 2;
“prison” includes any form of custody or detention in
which a person is lawfully placed under a sentence of life imprisonment;
“starting point”, in relation to an offender, means a
period calculated under Article 5, 6, 7 or 8, as the case may be, in
relation to the offender.[1]
(2) In this Law, a sentence
of life imprisonment is taken to be fixed by law if a court that finds a person
guilty of the offence to which the sentence relates must, by law, impose that
sentence.
(3) In this Law, a
reference to a sentence of life imprisonment includes a sentence of custody for
life or detention during His Majesty’s pleasure.[2]
2 Meaning
of “racially or religiously aggravated murder”
(1) For the purposes of
this Law, a murder is racially or religiously aggravated if –
(a) at
the time of, or immediately before or after, committing the murder the offender
demonstrates towards the victim of the offence hostility based on the
victim’s membership of (or presumed membership of), or association with,
a racial or religious group; or
(b) the
offence is motivated wholly or partly by hostility –
(i) towards
members of a racial or religious group based on their membership of that group,
or
(ii) towards
persons who associate with a racial or religious group.
(2) For the purposes of paragraph (1)(a)
or (b), it is immaterial whether or not the offender’s hostility is also
based, to any extent, on –
(a) the
fact or presumption that any person or group of persons belongs to any racial
or religious group; or
(b) any other
factor not mentioned in that paragraph.
(3) In this Article –
“presumed” means presumed by the offender;
“racial group” means a group of persons that may be
defined by reference to race, colour, nationality (including citizenship) or
ethnic or national origins;
“religious group” means a group of persons defined by
reference to religious belief or lack of religious belief.
3 Meaning
of “murder aggravated by sexual orientation or disability”
(1) For the purposes of
this Law, a murder is aggravated by sexual orientation or disability
if –
(a) at
the time of, or immediately before or after, committing the murder, the
offender demonstrates towards the victim of the offence hostility based
on –
(i) the
sexual orientation (or presumed sexual orientation) of the victim, or
(ii) a
disability (or presumed disability) of the victim; or
(b) the
offence is motivated wholly or partly –
(i) by
hostility towards persons who are of a particular sexual orientation, or
(ii) by
hostility towards persons who have a disability or a particular disability.
(2) In this
Article –
“disability” means any physical or mental impairment;
“presumed” means presumed by the offender;
“sexual orientation” of a person includes whether the
person engages in prostitution.
PART 2
minimum periods of imprisonment for mandatory
life sentences
4 Starting
points
A court which sentences an offender to a mandatory life sentence
shall fix, in accordance with Articles 5, 6, 7 or 8, as the case may be,
the appropriate starting point in relation to the offender for the purposes of
Article 10.
5 Starting
point for exceptionally serious cases
(1) The appropriate
starting point in relation to an offender who is given a mandatory life
sentence shall be the whole of the offender’s life if –
(a) the
offender was 21 years of age or older when he or she committed the offence
or offences to which the starting point relates; and
(b) the
court considers that the offender’s offence, or the combination of the
offender’s offence and other offences of the offender that are associated
with the offence, is exceptionally serious.
(2) Without limiting the
generality of paragraph (1), cases that would normally be regarded as
exceptionally serious include the following –
(a) murder
of 2 or more persons, where each murder involves any of the
following –
(i) a
substantial degree of premeditation or planning,
(ii) the
abduction of the victim,
(iii) sexual
or sadistic conduct;
(b) murder
of a child, if the murder involves the abduction of the child or sadistic or
sexual motivation;
(c) murder
for the purposes of advancing a political, religious or ideological cause;
(d) murder
by an offender previously convicted of murder.
6 Starting
point for particularly serious cases
(1) The appropriate
starting point in relation to an offender who is given a mandatory life
sentence shall be the period of 30 years if –
(a) the
court does not consider that the offender’s case falls within Article 5(1);
(b) the
offender was 18 years of age or older when he or she committed the
offence or offences to which the starting point relates; and
(c) the
court considers that the offender’s offence, or the combination of the
offender’s offence and other offences of the offender that are associated
with the offence, is particularly serious.
(2) Without limiting the
generality of paragraph (1), cases that would normally be regarded as
particularly serious include the following –
(a) murder
of a police officer, or prison officer, in the course of the officer’s
duty;
(b) murder
involving the use of a firearm or explosives;
(c) murder
for gain (such as murder in the course of a robbery or burglary, or for payment
or in the expectation of gain as a result of death);
(d) murder
done with the intention of obstructing or interfering with the course of
justice;
(e) murder
involving sexual or sadistic conduct;
(f) murder
of 2 or more persons;
(g) murder
which is racially or religiously aggravated;
(h) murder
which is aggravated by sexual orientation or disability.
7 Starting
point for other cases where offence committed whilst offender was an adult
The appropriate starting point in relation to an offender who is given
a mandatory life sentence shall be the period of 15 years if –
(a) the court does not
consider that the offender’s case falls within Article 5(1) or 6(1);
and
(b) the offender was 18 years
of age or older when he or she committed the offence or offences to which the
starting point relates.
8 Starting
point for other cases where offence committed while offender was a child
The appropriate starting point in relation to an offender who is given
a mandatory life sentence shall be the period of 12 years if the offender
had not attained the age of 18 years when he or she committed the
offence or offences to which the starting point relates.
9 Aggravating
and mitigating factors
(1) After having fixed a
starting point in relation to an offender, the court shall take into account
any aggravating or mitigating factors, to the extent that it has not allowed
for those factors in fixing the starting point.
(2) Aggravating factors
that may be relevant to the offence of murder include the following –
(a) the
factors mentioned in Articles 5(2) and 6(2);
(b) a
significant degree of planning or premeditation;
(c) that
the victim was particularly vulnerable because of age or disability;
(d) mental
or physical suffering inflicted on the victim before death;
(e) the
abuse of a position of trust;
(f) the
use of duress or threats against another person to facilitate the commission of
the offence;
(g) that
the victim was providing a public service or performing a public duty;
(h) concealment,
destruction or dismemberment of the body.
(3) Mitigating factors that
may be relevant to the offence of murder include the following –
(a) an
intention to cause serious bodily harm rather than to kill;
(b) lack
of premeditation;
(c) that
the offender suffered from any mental disorder or mental disability which,
although not within Article 3(1) of the Homicide (Jersey)
Law 1986, lowered the degree of culpability of the offender;
(d) that
the offender was provoked (for example by prolonged stress) in a way not
amounting to the defence of provocation;
(e) that
the offender acted to any extent in self-defence;
(f) a
belief by the offender that the murder was an act of mercy;
(g) the
age of the offender.
10 Court
to order minimum period of imprisonment
The court shall, after having –
(a) fixed under Article 4
a starting point in relation to an offender; and
(b) considered under Article 9
aggravating or mitigating factors in relation to the offender,
order in relation to the offender a minimum period of imprisonment
in respect of the offence or offences.
11 Determination
of duration of minimum period of imprisonment
(1) The court may, under Article 10,
order a minimum period of imprisonment of any length, including a period that
is the whole of the offender’s life, irrespective of the starting point
fixed by the court.
(2) Notwithstanding paragraph (1),
the court shall only order a minimum period of imprisonment that is the whole
of the offender’s life if the offender was 21 years of age or older
when he or she committed the offence or offences to which the order relates.
(3) In determining the
length of a minimum period of imprisonment in relation to an offender, the
court may take into account any period that, before the offender was sentenced
for the offence or offences to which the minimum period of imprisonment
relates, he or she spent on remand in relation to the offence or offences.
12 When
court shall order minimum period of imprisonment to be for whole of
offender’s life
(1) The court shall, under Article 10,
order a minimum period of imprisonment that is the whole of an offender’s
life if –
(a) the
offender was 21 years of age or older when he or she committed the offence
or offences to which the order relates; and
(b) the
court is satisfied that such a period is justified because of the seriousness
of the offence or the seriousness of the combination of the offence and other
offences associated with the offence.
(2) In determining whether
to make an order under Article 10 of a minimum period of imprisonment that
is the whole of an offender’s life, the court shall have regard to the
principles set out in Articles 5, 6, 7, 8 and 9.
13 Court
must give reasons for order made
After making an order under Article 10 the court shall state in
open court, in ordinary language, its reasons for making the order.
part 3
minimum periods of imprisonment for
discretionary life sentences
14 Court
to order minimum period of imprisonment
A court which sentences an offender to a discretionary life sentence
shall order, in relation to that offender, a minimum period of imprisonment in
respect of that offence or offences.
15 Determination
of minimum period of imprisonment
(1) The court may, under
Article 14, order a minimum period of imprisonment of any length,
including a period that is the whole of the offender’s life.
(2) Notwithstanding
paragraph (1), the court shall only order a minimum period of imprisonment
that is the whole of the offender’s life if –
(a) the
offender was 21 years of age or older when he or she committed the offence
or offences to which the order relates; and
(b) the
court is satisfied that such a period is justified because of the seriousness
of the offence or the seriousness of the combination of the offence and other
offences associated with the offence.
(3) In determining the
length of a minimum period of imprisonment in relation to an offender, the
court may take into account such matters as it thinks fit, including any of the
following –
(a) the
seriousness of the offence;
(b) the
seriousness of the combination of the offence and other offences associated
with the offence; and
(c) any
period that, before the offender was sentenced for the offence to which the
minimum period of imprisonment relates, the offender spent on remand in
relation to the offence.
16 Court
must give reasons for order made
After making an order under Article 14 the court shall state,
in open court, in ordinary language, its reasons for making the order.
part 4
release on licence
17 Panel
(1) For the purposes of
this Part, there shall be a Panel comprising the Bailiff and 2 Jurats
appointed by the Bailiff.
(2) Subject to paragraph (3),
the Panel shall determine its own procedures for the purposes of exercising its
functions under this Part.
(3) A decision is binding
on the Panel if it is agreed by the Bailiff and at least one other member of
the Panel.
18 General
provisions relating to licences
(1) Where a life prisoner
is released from prison on licence under this Part, the licence shall, unless
previously revoked under paragraph (4), remain in force until his or her
death.
(2) A life prisoner subject
to a licence shall be under the supervision of such person as may be specified
in the licence and shall comply with such conditions as may be specified in the
licence by the Panel.
(3) The Panel may modify or
cancel any condition in the licence at any time.
(4) If so
directed by the Panel in the case of any life prisoner who has been released
from prison on licence under this Part, the Minister shall revoke the licence
and recall the life prisoner to prison.
(5) A life prisoner
recalled to prison under paragraph (4) –
(a) on
his or her return to prison, shall be informed of the reasons for his or her
recall and of his or her right to make representations; and
(b) may
make representations in writing with respect to his or her recall.
(6) If, after consideration
of the representations made under paragraph (5), the Panel directs the
immediate release from prison on licence of the life prisoner, the Minister
shall release the prisoner on licence immediately.
19 Duty
to release on licence certain life prisoners
(1) In this Part, a
reference to the relevant part of a life prisoner’s sentence is a
reference to the part of the sentence specified in an order under Article 10 or 14 made in respect of the life prisoner
for a minimum period of imprisonment.
(2) If a life prisoner is
serving 2 or more sentences in respect of which there is an order for a minimum
period of imprisonment, this Article does not apply to him or her unless he or
she has served the relevant part of each such sentence.
(3) As soon as –
(a) a
life prisoner has served the relevant part of his or her sentence; and
(b) the
Panel has directed the life prisoner’s release from prison following a
referral of the life prisoner’s case by the Minister,
the Minister must release the life prisoner from prison on licence.
(4) A life prisoner may
require the Minister to refer his or her case to the Panel at any
time –
(a) after
he or she has served the relevant part of his or her sentence; and
(b) where
there has been a previous referral by the Minister under this Article, after
the end of the period of 2 years beginning with the disposal of that
referral.
(5) The Panel shall not
give a direction under paragraph (3) unless the Panel is satisfied that it
is no longer necessary for the protection of the public that the life prisoner
should be confined in prison.
(6) In determining for the
purposes of this Article whether a life prisoner has served the relevant part
of his or her sentence, no account shall be taken of any time the prisoner is
unlawfully at large within the meaning of Article 30 of the Prison (Jersey) Law 1957.
20 Power
to release on licence other life prisoners
(1) The Panel may, at any
time, following a referral by the Minister, direct the Minister to release from
prison on licence a life prisoner in respect of whom there is an order for a
minimum sentence of more than 25 years (including a minimum sentence for
life) if –
(a) the
life prisoner has served 25 years or more of his or her sentence; and
(b) the
Panel is satisfied that it is no longer necessary that the life prisoner should
be confined in prison for each of following the purposes –
(i) retribution
and deterrence to others,
(ii) rehabilitation
of the prisoner, and
(iii) protection
of the public.
(2) A life prisoner may
require the Minister to refer his or her case to the Panel at any
time –
(a) after
he or she has served 25 years of his or her sentence; and
(b) where
there has been a previous referral by the Minister under this Article, after
the end of the period of 2 years beginning with the disposal of that
referral.
(3) In determining for the
purposes of this Article whether a life prisoner has served 25 years or
more of his or her sentence, no account shall be taken of any time the prisoner
is unlawfully at large within the meaning of Article 30 of the Prison (Jersey) Law 1957.
21 Power
to release on licence life prisoners on compassionate grounds
(1) The Panel may, at any
time, release a life prisoner from prison on licence on compassionate grounds
if it is satisfied that exceptional circumstances exist which justify the
prisoner’s release on compassionate grounds.
(2) Before releasing a
prisoner under paragraph (1), the Panel shall consult the Minister, unless
the circumstances are such to render such consultation impracticable.
PART 5
miscellaneous and closing provisions
22 Law
not to restrict application of certain other laws
Nothing in this Law restricts the application of any law relating to
previous convictions.
23 Transitional
provision – application to offences committed before this Law comes into force
Nothing is to be taken to prevent or limit the application of this
Law to a person who commits an offence before 24th October 2014 or to a person
who, having been charged with an offence (regardless of the plea entered), has
not been sentenced before that date.
24 Saving
provision
Notwithstanding the repeal of the Criminal Justice (Mandatory Minimum
Periods of Actual Imprisonment) (Jersey) Law 2005, Article 19 of that
Law in relation to applications for orders shall be treated as if it continued
in force in respect of persons sentenced before that Law came into force and
references to the powers of the Royal Court under that Law shall be construed
as referring to the equivalent powers under this Law.
25 Regulations
(1) The
States may, by Regulations –
(a) make
such transitional provisions and savings as it considers necessary or
expedient, or amend any enactment, in consequence of any provision of this Law;
or
(b) amend
any provision of this Law.
(2) Any
Regulations under this Law may contain such transitional, consequential,
incidental or supplementary provisions as appear to the States to be necessary
or expedient for the purposes of the Regulations.
26 Citation
This Law may be cited as the Criminal Justice (Life Sentences)
(Jersey) Law 2014.