Criminal Justice
(Suspension of Prison Sentences) (Jersey) Law 2003
A LAW to enable a court to order, in specified cases,
that an offender shall not be imprisoned in accordance with a sentence of
imprisonment it has passed unless the offender is convicted of another offence,
committed during a specified period, for which the offender may be imprisoned;
and for related purposes.
Commencement [see endnotes]
1 Interpretation
(1) In this Law –
“operational period”, in respect of a suspended
sentence, means the period specified in respect of the suspended sentence in
accordance with Article 2(1)(a) or, if a period is substituted for that
period by an order made under Article 3(4)(c), the substituted period;
“sentence of imprisonment” does not include imprisonment –
(a) in
default of payment of a sum; or
(b) for a
failure to do or abstain from doing anything required to be done or to be left
undone;
“supervision order” means an order made under Article 6(1);
“suspended sentence” means a sentence to which a
suspension order relates;
“suspension order”, in respect of a sentence of
imprisonment, means an order made in respect of that sentence in accordance
with Article 2(1).
(2) If on an appeal a court
passes a suspended sentence the court that imposed the original sentence shall
for the purposes of this Law be taken to have passed the suspended sentence.
(3) For the purpose of this
Law consecutive terms of imprisonment and terms of imprisonment which are
wholly or partly concurrent shall be treated as a single term of imprisonment.
2 Power
to suspend sentence of imprisonment
(1) Except as provided by paragraph (5),
a court that has sentenced an offender to a term of imprisonment of not more
than 2 years may order that the offender shall not be imprisoned in accordance
with that sentence unless –
(a) during
a period specified in the order, being not less than one year and not more than
2 years, the offender commits in Jersey a further offence punishable by
imprisonment; and
(b) the
court that convicts the offender for that offence makes an order under Article 3
that the offender shall be imprisoned, either for the original term or for a
lesser term.
(2) A court shall not make
a suspension order unless it is satisfied that if it did not have the power to
do so a sentence of imprisonment would still be an appropriate sentence.
(3) If a court makes a
suspension order it shall not –
(a) make
a probation order in respect of the offender; or
(b) impose
a term of imprisonment in respect of another offence of which the offender is
convicted by or before the court or for which the offender is dealt with by the
court unless the suspension order also applies in respect of that term of
imprisonment,
but the court is not otherwise prohibited from imposing on the
offender any other penalty, sanction or obligation it has the power to impose
by virtue of the offence or offences committed by the offender.
(4) On passing a suspended
sentence the court shall explain to the offender in ordinary language the
offender’s liability under Article 3 if during the operational
period the offender commits an offence punishable by imprisonment.
(5) A court has no power to
make a suspension order in respect of –
(a) youth
detention within the meaning of Article 1(1) of the Criminal Justice (Young
Offenders) (Jersey) Law 2014; or
(b) a
sentence of imprisonment that is to take effect during or after an existing
term of imprisonment in respect of which no suspension order has been made.[1]
(6) The fact that a
suspension order has been made in respect of a sentence of imprisonment has no
effect on any right of appeal the offender may have in respect of that
sentence.
(7) If a court imposes
consecutive terms of imprisonment or terms of imprisonment that are wholly or
partly concurrent and the total term of imprisonment is more than 2 years the
court has no power under this Article to make a suspension order in respect of
any of those terms of imprisonment.
3 Conviction
of further offence punishable by imprisonment
(1) This Article applies
where –
(a) a
court has passed a suspended sentence in respect of an offender;
(b) a
court has not made an order under paragraph (2) or (4)(a) in respect of
that sentence; and
(c) the
offender has been convicted of a further offence punishable by imprisonment
committed during the operational period in respect of the suspended sentence.
(2) Except as provided by paragraph (3)
and Article 4, the court that convicted the offender of the further
offence shall order that the offender shall be imprisoned in accordance with
the original sentence with the term of imprisonment unaltered.
(3) The court shall not
make an order under paragraph (2) if it is satisfied that it would be
unjust to do so having regard to any circumstances that have arisen since the
suspended sentence was passed, including the facts of the further offence.
(4) If by virtue of paragraph (3)
a court does not make an order under paragraph (2) it shall state its
reasons for not doing so and shall order –
(a) that
the offender shall be imprisoned in accordance with the original sentence but
with the substitution of a lesser term of imprisonment for the original term;
(b) that
the offender shall continue not to be imprisoned; or
(c) that
the operational period in respect of the suspended sentence shall be varied by
substituting for the original period a period ending not later than 2 years
after the date of the variation.
(5) When a court makes an
order under paragraph (2) or (4)(a), it shall state in that order whether
imprisonment in accordance with the original sentence is to start immediately
or on the expiration of another term of imprisonment passed on the offender by
that or another court.
(6) Where the Royal Court
could be required to make an order under this Article any question as to
whether an offender has been convicted of an offence punishable by imprisonment
shall be determined by the Bailiff sitting alone.
(7) If a court makes an
order under this Article and it is not the court that passed the suspended
sentence it shall give details of the order it makes under this Article to the
court that passed the suspended sentence.
(8) For the purposes of any
enactment conferring rights of appeal in criminal cases an order made by a
court under this Article shall be treated as a sentence passed on the offender
by the court that passed the suspended sentence.
4 Power
of Magistrate’s Court under Article 3
(1) This Article applies
where –
(a) Article 3
applies and, but for this Article, the Magistrate’s Court would be
required to make an order under that Article; and
(b) the
relevant suspended sentence was passed by the Royal Court.
(2) Where this Article
applies the Magistrate’s Court may –
(a) commit
the offender (on bail or in custody) to the Royal Court for an order to be made
under Article 3 and for the offender to be sentenced for the subsequent
offence; or
(b) deal
with the offender in respect of the subsequent offence and make an order under Article 3(4)(b)
that the offender shall continue not to be imprisoned under the suspended
sentence.
(3) If the
Magistrate’s Court acts in accordance with paragraph (2)(a) the
Royal Court shall have –
(a) the
power to make an appropriate order under Article 3; and
(b) the
same power as the Magistrate’s Court to sentence the offender for the
subsequent offence.
(4) If the
Magistrate’s Court acts in accordance with paragraph (2)(b) it shall
give the Royal Court and the Attorney General details of the manner in which it
dealt with the offender for the subsequent offence.
5 Court
fails to make order under Article 3
(1) If the Royal Court is
satisfied that it or the Magistrate’s Court should have made an order
under Article 3 in respect of an offender but failed to do so it may order
that the offender be apprehended or warned to appear before the Royal Court
which may thereupon make an order under Article 3.
(2) If the
Magistrate’s Court passed the relevant suspended sentence it shall have
the same power under paragraph (1) as the Royal Court.
6 Court
may order supervision
(1) Where a court passes a
suspended sentence it may also make an order placing the offender under the
supervision of a supervising officer, being either a probation officer (as that
term is defined in the Loi (1937) sur
l’atténuation des peines et sur la mise en liberté
surveillée) or another person appointed by the court.
(2) A court does not
require the consent of the offender before making a supervision order.
(3) The court shall specify
in a supervision order the period during which the offender is to be subject to
supervision, being a period that does not exceed the operational period in
respect of the suspended sentence.
(4) The court shall –
(a) give
a copy of the supervision order to the offender and to the supervising officer;
and
(b) explain
to the offender in ordinary language the effect of the order.
(5) An offender in respect
of whom a supervision order is in force shall –
(a) keep
in touch with the supervising officer in accordance with instructions given to him
or her by the officer; and
(b) notify
the officer of any change of address.
(6) A supervision order
shall cease to have effect if before the end of the period specified in it –
(a) a
court makes an order under Article 3(2) or (4)(a); or
(b) the
order is discharged under paragraph (7) or replaced under paragraph (8).
(7) A court that has made a
supervision order may discharge it on the application of the supervising officer
or the offender.
(8) If a court makes an
order under Article 3(4)(a) or (b) it may also make a supervision order in
respect of the offender, which shall replace any supervision order already in
effect.
(9) If it appears to the
Magistrate’s Court that an offender in respect of whom a supervision
order is in effect has not complied with an obligation under paragraph (5)
it may order that the offender be apprehended or warned to appear before that
Court and may thereupon enquire into the matter and if satisfied that the
offender has failed to comply with the requirement may impose on him or her a
fine not exceeding level 3 on the standard scale and also impose a term of
imprisonment, not exceeding one month, to be served if the fine is not paid
within a specified period.
(10) For the purposes of any
enactment conferring rights of appeal in criminal cases a supervision order
made by a court under this Article shall be treated as a sentence passed on the
offender by that court.
7 Legislative
effect of suspended sentence
Unless a contrary intention appears a suspended sentence shall be
treated as a sentence of imprisonment for the purpose of all enactments.
8 Rules
of Court
(1) Provision may be made
by Rules of Court for any purpose for which it appears to be necessary or
expedient that provision should be made in connection with this Law.
(2) The power to make Rules
of Court under Article 13 of the Royal Court (Jersey) Law 1948 shall include a power to
make Rules for the purposes of this Article.
9 Citation
This Law may be cited as the Criminal Justice (Suspension of Prison
Sentences) (Jersey) Law 2003.