Criminal Justice
(Young Offenders) (Placement Panel) (Jersey) Regulations 2016
1 Interpretation
In these Regulations –
“decision” of the Panel includes a determination for the
purposes of the Criminal Justice (Young
Offenders) (Jersey) Law 2014;
“department” means a department of the States for which
a Minister is responsible;
“member” means a member of the Panel appointed under
Regulation 2;
“States’ employee” has the same meaning as in the Employment of States of
Jersey Employees (Jersey) Law 2005.
2 Membership of the Panel
(1) The Panel shall
comprise no fewer than 5 and no more than 10 members.
(2) The Minister
shall –
(a) appoint
each of the members;
(b) appoint
one of the members to be Chair of the Panel;
(c) appoint
2 of the members each to be Vice-Chair, such appointment to be made after
consultation with the Chair.
(3) Each member of the
Panel shall be a person described in any of sub-paragraphs (a) to (d)
below –
(a) a
probation officer;
(b) a
States’ employee employed in a department relating to education;
(c) a
States’ employee employed in a department relating to health and social
services;
(d) a
person (including a States’ employee), other than a person falling within
a description in another sub-paragraph, who works or has worked for, or who is
or was otherwise involved with, an organization which provides services or
support to children or young people or both, regardless of whether the
provision of such services or support is through charity, voluntary or paid
work.
(4) When appointing members
of the Panel, the Minister shall use his or her reasonable endeavours to ensure
that, as far as possible, each description in sub-paragraphs (a) to (d) of
paragraph (3) applies to one or more members.
(5) The Minister shall not
appoint as Chair or Vice-Chair a member of the Panel who is
employed –
(a) to
work in the administration or management of secure accommodation;
(b) to
work in a department relating to health and social services and who has
responsibilities relating specifically to the social welfare of persons under
the age of 18 (other than a person employed in the part of the department
responsible for mental health services only);
(c) to
work as a prison officer within the meaning of the Prison (Jersey)
Law 1957 or to work otherwise in the administration or management of a
prison or young offender institution within the meaning of that Law.
3 Term
of appointment
(1) Each member of the
Panel shall be appointed for a term of 3 years.
(2) A member of the Panel
may be reappointed for a further term of 3 years regardless of whether the
re-appointment follows a first or subsequent term of appointment.
(3) The Minister may terminate
a member’s term of appointment before the expiry of the 3 year term
at the request of the member or if the Minister otherwise so decides, subject
to paragraph (4).
(4) Except in the case of
the Chair of the Panel, the Minister shall not terminate the appointment of a
member unless the Chair of the Panel recommends the termination.
4 Proceedings
of the Panel
(1) Except as otherwise
provided in this Regulation, the Panel shall determine –
(a) when
and where it meets; and
(b) its
procedure at its meetings.
(2) The Panel may hold
meetings in which members participate but are not physically present in the
same place and, for the purpose of this Regulation, all members participating
in such a meeting shall be deemed to be present at the meeting.
(3) The quorum for a
meeting of the Panel shall be 3 members.
(4) The Chair of the Panel
shall preside at the meeting or, if the Chair is not present, one of the
Vice-Chairs shall preside or such other member, subject to paragraph (5),
as the other members may elect in the absence of both Vice-Chairs.
(5) A member cannot be
elected under paragraph (4) if the member could not be appointed as Chair
or Vice-Chair under Regulation 2(5).
(6) A decision of the Panel
shall be by unanimous vote or by a majority of members present at the meeting
at which the decision is voted upon.
(7) In the event that no
decision is reached by a majority of members present at a meeting in relation
to any particular matter, the person presiding at the meeting shall have a
second or casting vote.
(8) The person presiding at
the meeting shall ensure that a written record is made of –
(a) any
decision taken by the Panel at the meeting; and
(b) which
members were present at the meeting.
(9) Each written record of
a meeting shall be sent to the Minister and retained by him or her.
5 Expenses
The Minister shall pay any reasonable out of pocket expenses
incurred by a member of the Panel in the course of carrying out his or her
functions as a member.
6 Appeals
against decisions of the Panel
(1) In this
Regulation –
(a) “child
or young person” refers to a child or young person who is the subject of
a decision by the Panel;
(b) “Minister”
means the Minister for Children and Families;
(c) “person
with parental responsibility” shall be construed in accordance with the Children (Jersey)
Law 2002.[1]
(2) A person aggrieved by a
decision of the Panel may, within 21 days of the date of the decision,
appeal to the Minister on the ground that the decision is not in the best
interests of the child or young person.
(3) In paragraph (2)
“person” refers to a child or young person or a person with
parental responsibility for such a child or young person.
(4) The Minister may allow
a longer period for making an appeal than that referred to in paragraph (2)
if he or she is satisfied that it is desirable in the interests of justice to
do so.
(5) On hearing the appeal,
the Minister shall, with reasons –
(a) confirm
the Panel’s decision; or
(b) direct
the Panel to reconsider its decision if he or she considers that the decision
was not in the best interests of the child or young person.
(6) The Minister may, at
any time, direct the Panel to reconsider any decision it makes if he or she considers
that the decision was not in the best interests of the child or young person.
7 Citation
These Regulations may be cited as the Criminal Justice (Young
Offenders) (Placement Panel) (Jersey) Regulations 2016.