Sex Offenders
(Jersey) Law 2010
A LAW to require the notification of
information to the police by persons who have committed certain sexual offences
or sexually aggravated offences, to provide for the imposition of restraining
orders on sexual offenders, to provide for the imposition of orders on certain
people to protect children, to provide for the imposition of travel orders on
certain people to protect children outside Jersey, to provide for the
establishment of arrangements to deal with sexual offenders, and for incidental
and connected purposes.
Commencement [see endnotes]
part
1
interpretation
1 Interpretation
(1) In this Law, unless the
context requires otherwise –
“authorized officer” means –
(a) a
police officer; or
(b) a
States’ employee within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005,
authorized for the purposes of this Law by the Chief Police Officer;
“Chief Police Officer” means the Chief Officer of the
States of Jersey Police Force;
“child” means a person who has not attained the age
of 18 years;
“home address”, in relation to a person who is subject
to the notification requirements of this Law, means –
(a) the
address of the person’s sole or main residence in Jersey; or
(b) where
the person has no such residence, the address or location of a place in Jersey
where the person can be found and, if there is more than one such place, such
one of those places as the person may select,
and may, in either case, be a vehicle or vessel;
“Magistrate’s Court” includes the Youth Court;
“Minister” means the Minister for Justice and Home Affairs;
“relevant offence” means –
(a) a
sexual offence to which this Law applies; or
(b) an
act by a person ordinarily resident in Jersey done outside Jersey that is an
offence in Jersey by virtue of Article 40 of the Sexual Offences (Jersey)
Law 2018;
“sexual activity” means an activity that a reasonable
person would, in all the circumstances but regardless of any person’s
purpose, consider to be sexual;
“sexual harm” means physical harm, psychological harm or
both caused by sexual activity;
“sexual offence to which this Law applies” means an
offence to which this Law applies by virtue of Article 2;
“youth detention” has the same meaning as it does in
Article 1 of the Criminal Justice (Young
Offenders) (Jersey) Law 2014.[1]
(2) For the purposes of
this Law a person is to be taken to have been convicted of an offence if the
person –
(a) was
found guilty of committing the offence;
(b) was
found not guilty of committing the offence solely by reason of the
person’s mental disorder within the meaning given by Article 1 of
the Mental Health (Jersey)
Law 2016; or
(c) was
found incapable, under Part 8 of that Law, of
participating in proceedings but a court has determined that the person did the
act alleged,
and “conviction” and “convicted” are to be
construed accordingly. [2]
(3) A reference in this Law
to an offence includes a reference –
(a) to an
attempt, conspiracy or incitement to commit the
offence; and
(b) to
aiding and abetting, counselling or procuring the
commission of the offence.
(4) [3]
(5) The
States may amend this Article by Regulations.
2 Sexual
offences to which this Law applies[4]
(1) This
Law applies to –
(a) an
offence under any of the following provisions of the Sexual Offences (Jersey) Law 2018 –
(i) Part 2
(non-consensual offences),
(ii) Part 3
(offences by adults against children aged 12 or younger),
(iii) Part 4
(offences by adults against children aged 13 to 15),
(iv) Part 5
(other offences against children aged 15 or younger), other than Article 13
(unlawful sexual act between children),
(v) Article 18 (abuse
of trust by a sexual act against a person aged 16 or 17),
(vi) Article 28
(carrying out female genital mutilation),
(vii) Article 35
(exposure),
(viii) Article 36
(voyeurism),
(ix) Article 38
(administering a substance with intent to commit a sexual offence);
(b) the
customary law offences of indecent assault and indecent exposure;
(c) an
offence –
(i) under
Article 38(2)(a) or (b) (having or procuring unlawful sexual intercourse
with a mental patient) of the Mental Health (Jersey) Law 1969, or
(ii) under
any of Articles 74 to 76 (sexual offences: prohibited acts, relationship
of care, coercion) of the Mental Health (Jersey) Law 2016;
(d) an
offence under Article 2 (taking, possessing or
distributing indecent photographs, etc. of children) of the Protection of Children (Jersey) Law 1994;
(e) an
offence under Article 61 of the Customs and Excise (Jersey) Law 1999 in so far as the offence relates to goods prohibited to be imported
under Article 2 of the Customs and Excise (Import and Export Control) (Jersey)
Order 2006 that are indecent
photographs of persons who are or appear to be aged under 16 years;
(f) an
offence under Article 11(14) (breach of child protection order, interim
child protection order or prescribed order) of this Law; and
(g) an
offence, committed before the date of the commencement of the Sexual Offences (Jersey) Law 2018, but for which the person is convicted on or after that date, that
would, if the person had been convicted before that date, have been an offence
to which this Law applied under this Article before its amendment by that Law.
(2) The
States may amend this Article by Regulations.
part 2
notification
3 Persons
who are subject to notification requirements of this Law
(1) A person who, in
Jersey, is convicted of a relevant offence becomes subject to the notification
requirements of this Law upon conviction.
(2) A person who, in a
prescribed jurisdiction, is subject to prescribed notification requirements and
who enters Jersey –
(a) becomes
subject to the notification requirements of this Law upon entering Jersey; and
(b) remains
subject to those requirements during the continuance of the prescribed
notification requirements.
(3) In paragraph (2) –
“prescribed notification requirements” means
notification requirements imposed under the law of a prescribed jurisdiction,
being notification requirements of a type prescribed by the Minister by Order that
are substantially the same as the notification requirements under this Law;
“prescribed jurisdiction” means a jurisdiction in the
British Islands, other than Jersey, prescribed by the Minister by Order.
(4) If, when sentencing or
otherwise dealing with a person in respect of an offence, a court certifies
that the offence was sexually aggravated, the offender thereupon becomes
subject to the notification requirements of this Law.
(5) A court must not
certify that an offence was sexually aggravated unless it is satisfied, on the
information available to it –
(a) that
the offence was sexually motivated; or
(b) that
at, before or after the time of committing the offence the offender’s
actions included a sexual element directly connected with the commission of the
offence,
and the court is also satisfied that the offender poses a risk of
sexual harm to the public or any particular person or
persons.
(6) A person in respect of
whom a court makes an order under Article 10 (a restraining order) who was
not a person subject to the notification requirements of this Law immediately
before the making of the order becomes subject to the notification requirements
of this Law upon the order being made.
(7) A person in respect of
whom a court makes an order under Article 13(2) (in respect of a sexual
offence committed before the commencement of the Article) or 15(2) (in respect
of an offence committed outside Jersey) becomes subject to the notification
requirements of this Law upon the order being made.
(8) A person in respect of
whom the Royal Court certifies an offence under Article 14(1)
or 16(1) becomes subject to the notification requirements of this Law upon
the certification.
(9) A person ceases to be (or as the case may be, does not become) subject to the
notification requirements of this Law –
(a) if the
conviction or, as the case may be, the relevant order or action of the court is
quashed or reversed on appeal;
(b) in
accordance with an order made under Article 4 or 5; or
(c) where
the person is a person to whom paragraph (6) applies, when the order made
under Article 10 (as renewed from time to time) ceases to have effect.
4 Court
may exempt person from notification requirements
(1) This Article
applies –
(a) where
a person has been convicted of an offence under Article 11 (unlawful
sexual intercourse with, sexual penetration of or sexual touching of an older
child) of the Sexual Offences (Jersey)
Law 2018; and at the time of the offence the convicted person had not
attained the age of 20 years; or
(b) where
a person has been convicted of the customary law offence of indecent exposure or
of an offence under Article 35 (exposure) of the Sexual Offences (Jersey) Law 2018.[5]
(2) A court may, when
sentencing or otherwise dealing with the person, order that the person shall
not become subject to the notification requirements of this Law.
(3) The States may by
Regulations amend paragraph (1) to alter the cases to which this Article
applies, or paragraph (2) to alter the discretion given to the court.[6]
5 Application period
(1) Except as provided by
paragraph (2), a court that convicts a person of a relevant offence must,
unless it intends to make an order under Article 4 (certain exceptions),
before sentencing the person specify a period that must expire before an
application under paragraph (5) may be made.
(2) Where the
Magistrate’s Court convicts a person of a relevant offence and remands
the person to the Royal Court for sentence, the Royal Court must, unless it
intends to make an order under Article 4, before sentencing the person
specify a period that must expire before an application under paragraph (5)
may be made.
(3) Where a
court –
(a) certifies
under Article 3(4), 14(1) or 16(1) that an offence was sexually aggravated;
(b) makes
an order under Article 13(2) (in respect of an offence committed before
the commencement of the Article); or
(c) makes
an order under Article 15(2) or 15(3) (in respect of an offence committed
outside Jersey),
the court must, at that time, specify a period that must expire
before an application under paragraph (5) may be made.
(4) Unless the court is
satisfied that there is a reason why a shorter period would be appropriate, the
period specified under paragraph (1), (2) or (3) must be a period of at
least 5 years, being a period that the court is satisfied takes into
account the risk of sexual harm to the public, or to any particular person or
persons, that the person subject to the notification requirements of this Law poses
by virtue of the likelihood of re-offending.[7]
(5) The court may, on
application, make an order in respect of a person (not being a person to whom Article 3(2)
applies, but being a person who is subject to the notification requirements of
this Law), at any time after the expiration of the period specified in respect
of the person under paragraph (1), (2), (3) or (7), being an order to the
effect that the person should no longer be subject to those requirements.[8]
(5A) An application under paragraph (5)
may be made by the person concerned or by the Attorney General.[9]
(6) The court must not make
the order applied for under paragraph (5) unless it is satisfied that the
risk of sexual harm to the public, or to any particular
person or persons, that the person subject to the notification
requirements of this Law poses by virtue of the likelihood of re-offending does
not justify the person’s being subject to those requirements. [10]
(7) If the court refuses to
make the order applied for under paragraph (5) it must make an order
specifying a further period before another application may be applied for under
that paragraph.
6 The
notification requirements
(1) This Article applies to
a person who becomes subject to the notification requirements of this Law.
(2) The person must notify
an authorized officer of –
(a) each
name the person uses; and
(b) the
person’s home address.
(3) The notification must
be given –
(a) in
the case of a person to whom Article 3(1) applies, on the day of the conviction;
(b) in
the case of a person to whom Article 3(2) applies, before the end of the
day following the day the person enters Jersey;
(c) in
the case of a person to whom Article 3(4) applies, on the day on which the
court certifies that the offence was a sexually aggravated offence;
(d) in
the case of a person to whom Article 3(6) applies, on the day on which the
court makes the order under Article 10;
(e) in
the case of a person to whom Article 3(7) applies, on the day on which the
court makes the order under Article 13(2) or 15(2);
(f) in
the case of a person to whom Article 3(8) applies, on the day on which the
court certifies an offence under Article 14(1) or 16(1) to have been
sexually aggravated;
(g) in
the case of a person to whom paragraph (10) applies –
(i) if
an authorized officer attends, to receive the notification, the place where the
person is detained or is in hospital, at the time the authorized officer so
attends, or
(ii) if
an authorized officer does not so attend, on the day the person ceases to be
detained or leaves hospital,
and on each anniversary of that day.
(4) The person must also
notify an authorized officer if the person uses a name that has not been notified
to an authorized officer under this Article.
(5) The notification must
be given within 24 hours of the person’s first use of the name.
(6) The person must also
notify an authorized officer of any change in the person’s home address.
(7) The notification must
be given –
(a) if
the person has prior knowledge of the change, at least 24 hours before the
change, if this is possible; or
(b) in
any other case, as soon as reasonably practicable but, in any event, within the
24 hours after the change.
(8) There is to be
disregarded when determining the period mentioned in paragraph (5) or (7)
any time during which the person –
(a) is in
custody on remand;
(b) is
serving a sentence of imprisonment or youth detention;
(c) is in
hospital; or
(d) is
outside Jersey.
(9) The court before which
a person has been convicted of a relevant offence may order that the person be
detained following the conviction until notification under paragraph (2)
has been given to an authorized officer.
(10) Despite sub-paragraphs (a)
to (f) of paragraph (3), if a person to whom this Article applies is, on a
day notification is required to be given under any of those
sub-paragraphs –
(a) in
custody on remand;
(b) serving
a sentence of imprisonment or youth detention; or
(c) in a
hospital,
the person must instead give notification under paragraph (3)(g).
(11) If a person, required to give
notification on an anniversary mentioned in paragraph (3), is on that
day –
(a) in
custody on remand;
(b) serving
a sentence of imprisonment or youth detention;
(c) in
hospital; or
(d) outside
Jersey,
the person must instead give notification on the day the person
ceases to be detained, leaves hospital or returns to Jersey, as the case may
be.
(12) Except as provided by
paragraph (3)(g)(i), a person must give
notification under this Article to an authorized officer by attendance at the
place designated by the Chief Police Officer.
(13) An authorized officer must
give a written acknowledgement of notification given under this Article.
(14) A person who –
(a) fails,
without reasonable excuse, to comply with paragraph (3), (4), (6) or (11);
or
(b) in
purported compliance with any of those paragraphs, provides information that
the person knows to be false or misleading,
is guilty of an offence and liable to imprisonment for a term of
5 years and to a fine.
7 Additional
requirements
(1) A person giving
notification under Article 6 must, if requested to do so by an authorized
officer, allow the officer to take the fingerprints and a photograph of the
person and a non-intimate sample.
(2) A fingerprint taken
under paragraph (1) may be used –
(a) to
verify the identity of the person giving the notification; and
(b) to
check the fingerprint against any other fingerprint to which the police have
access to investigate crime.
(3) A non-intimate sample
taken under paragraph (1) may be used –
(a) to
verify the identity of the person giving the notification; and
(b) to
check the DNA profile of the sample against any other DNA profile to which the
police have access to investigate crime.
(4) A person giving
notification under Article 6 must also, if requested to do so by an
authorized officer, provide documentary evidence of the person’s
identity.
(5) An authorized officer
may submit documentary evidence supplied under paragraph (4) to a
States’ employee for verification by the records of the administration of
the States in which the States’ employee is working.
(6) The States’
employee may supply an authorized officer with the verification requested.
(7) Except as provided by
paragraph (8), the supply of information under this Article is not to be
taken to breach any restriction on the disclosure of information (however
arising or imposed).
(8) This Article does not
authorize the doing of anything that contravenes the Data Protection (Jersey)
Law 2018.[11]
(9) This Article does not
affect a power to supply information, being a power that exists apart from this
Article.[12]
(10) A person who –
(a) fails,
without reasonable excuse, to comply with paragraph (1) or (4);
(b) in
purported compliance with paragraph (4), supplies documentary evidence the
person knows to be false or misleading; or
(c) hinders
or obstructs an authorized officer acting under paragraph (1) or (4),
is guilty of an offence and is liable to imprisonment for a term of
5 years and to a fine.
(11) Words and expressions used in
this Article and defined in –
(a) the Police Procedures and
Criminal Evidence (Jersey) Law 2003; or
(b) the Employment of States of
Jersey Employees (Jersey) Law 2005,
have the same meanings in this Article as they have in those Laws.
8 Notification
requirements: travel outside Jersey
(1) The Minister may, by
Order, make provision requiring persons who are subject to the notification
requirements of this Law and who leave Jersey –
(a) to
give in accordance with the Order, before they leave, a notification under
paragraph (2);
(b) if
they subsequently return to Jersey, to give in accordance with the Order a
notification under paragraph (3).
(2) A notification under
this paragraph must disclose –
(a) the
date on which the person will leave Jersey;
(b) the place
(or, if there is more than one, the first place) to which the person will
travel and the person’s point of arrival (determined in accordance with
the Order) in the country where the place is situated;
(c) any
other information prescribed by the Order that the person holds about the
person’s departure from Jersey or the person’s movements while
outside Jersey.
(3) A notification under
this paragraph must disclose such information as the Order prescribes, and such
information may include the following –
(a) the
place, or places, to which the person travelled while outside Jersey;
(b) any
other information prescribed by the Order that the person holds about the
person’s movements while outside Jersey or about the person’s
return to Jersey.[13]
(4) An Order under paragraph (1)
may make different provision for different categories of persons.
(5) A person who –
(a) fails,
without reasonable excuse, to give notification in accordance with an Order
under paragraph (1) when required to do so by the Order; or
(b) in
purported compliance with an Order under paragraph (1), provides
information that the person knows to be false or misleading,
is guilty of an offence and is liable to imprisonment for a term of
5 years and to a fine.[14]
9 Powers
to search
(1) Paragraph (2)
applies if it appears to the Bailiff or a Jurat on information on oath that
there is reasonable cause to believe that –
(a) the
home address of a person who is subject to the notification requirements of
this Law is not the home address last notified by the person under Article 6;
and
(b) apart
from searching premises, there are no other practical means of establishing the
person’s home address.
(2) The Bailiff or Jurat
may issue a warrant authorizing a police officer –
(a) to
enter the premises specified in the warrant; and
(b) to
search the premises to ascertain the home address of the person who is subject
to the notification requirements of this Law.
(3) Paragraph (4)
applies if it appears to the Bailiff or a Jurat on information on oath that
there is reasonable cause to suspect that there is at the home address of a
person who is subject to the notification requirements of this Law a person who
is at risk of harm from that person.
(4) The Bailiff or Jurat
may issue a warrant authorizing a police officer –
(a) to
enter the premises specified in the warrant, being the home address of the
person who is subject to the notification requirements of this Law; and
(b) to
search those premises to ascertain if there is on the premises a person who is
at risk of harm from the person who is subject to the notification requirements
of this Law.
(5) Paragraph (6)
applies if it appears to the Bailiff or a Jurat on information on oath that
there is reasonable cause to believe that –
(a) the appointed
officer (as defined by Article 28(1)), on behalf of the Chief Police
Officer, is required to carry out a function under Article 28(5)(a) in
respect of a person to whom that paragraph applies; and
(b) apart
from searching premises the person occupies or frequents, there are no other
practical means of carrying out the function.
(6) The Bailiff or Jurat
may issue a warrant authorizing a police officer –
(a) to
enter the premises specified in the warrant; and
(b) to
search the premises to ascertain the extent to which the person poses or
continues to pose a risk of sexual harm to the public or any particular
person or persons.
(7) A person who
intentionally obstructs or hinders a police officer in the execution of a
warrant under this Article is guilty of an offence and is liable to
imprisonment for a term of one year and to a fine of level 3 on the
standard scale.[15]
part 3
Court orders
10 Restraining
orders
(1) This Article applies in
respect of a person (the “offender”) who –
(a) has
been convicted, before or after the commencement of this Article, of a relevant
offence;
(b) outside
Jersey, has been convicted, before or after the commencement of this Article,
of an offence that would, if the offence had been committed in Jersey, have
constituted a sexual offence to which this Law applies;
(c) has
been convicted of an offence that a court has certified, under Article 3(4),
was sexually aggravated;
(d) has
been convicted of an offence that a court has certified, under Article 14(1)
or 16(1) was sexually aggravated;
(e) outside
Jersey, has been convicted of an offence, before or after the commencement of
this Article, that a court has certified under paragraph (2) was sexually
aggravated; or
(f) in
Jersey or elsewhere, has been convicted of an offence, before or after the
commencement of this Article, that a court has certified under paragraph (3).
(2) A court may for the
purpose of paragraph (1)(e), on the application of the Attorney General,
certify that the offence was sexually aggravated if the court is
satisfied –
(a) that
the offence was sexually motivated; or
(b) that
at, before or after the time of committing the offence the offender’s
actions included a sexual element directly connected with the commission of the
offence.
(3) A court may for the
purpose of paragraph (1)(f), on the application of the Attorney General,
certify that the offence involved the use or the threat of the use of violence
against a person or property.
(4) Where –
(a) this
Article applies to a person; and
(b) a
court is satisfied on the balance of probabilities, on the application of the
Attorney General, that the person poses a threat of serious sexual harm to the
public or any particular person or persons,
the court may make such an order in respect of the offender as it is
satisfied is necessary to protect the public or any particular
person or persons from serious sexual harm from the offender.
(5) Pending the court
deciding on whether or not to make an order under
paragraph (4), it may make an interim order, not inconsistent with this
Article.
(6) An application under
this Article may be made –
(a) in
the case of an application under paragraph (4), to the Magistrate’s
Court upon conviction or sentencing by that court in respect of the offence
mentioned in paragraph (1)(a) or (c); or
(b) in
any other case, to the Royal Court.
(7) An order under
paragraph (4) or an interim order under paragraph (5) may provide for
either or both of the following –
(a) it
may prohibit the offender from doing anything described in the order;
(b) it
may require the offender to do anything described in the order.
(8) An Order under
paragraph (4) or an interim order under paragraph (5) may, in particular, prohibit the offender from undertaking any
work or other activity that may require or be likely to allow the offender to
come into contact or be associated with –
(a) a
specific child or children in general; or
(b) a
specific person who may be vulnerable to sexual exploitation or any description
of persons the court considers may be vulnerable to sexual exploitation by the
offender.
(9) An order under
paragraph (4) or an interim order under paragraph (5) shall have
effect during the period specified in it or, if that period is subsequently
amended, during the amended period.
(10) Unless the court is satisfied
that there is a reason why a shorter period would be appropriate, the first
period mentioned in paragraph (9) in respect of an order made under paragraph (4)
must be a period of at least 5 years.[16]
(11) A court may amend an order
under paragraph (4) or an interim order under paragraph (5) on the
application of the Attorney General or the offender.
(12) An amendment of an order may, in particular, extend or shorten the period specified in
the order.
(13) If the offender, without
reasonable excuse –
(a) does
anything that the offender is prohibited from doing by an order under this
Article; or
(b) fails
to do anything that the offender is required to do by an order under this
Article,
the offender is guilty of an offence and is liable to imprisonment
for a term of 5 years and to a fine.
(14) If,
in Jersey, a person, without reasonable excuse –
(a) does
anything that the person is prohibited from doing in a prescribed jurisdiction
by a prescribed order made by a court in that jurisdiction; or
(b) fails
to do anything the offender is required to do in a prescribed jurisdiction by a
prescribed order made by a court in that jurisdiction,
the person is guilty of an
offence and is liable to imprisonment for a term of 5 years and to a fine.
(15) In
paragraph (14) –
“prescribed
order” means an order of a type prescribed by the Minister by Order –
(a) that
can be made by a court in a prescribed jurisdiction in the same or
substantially the same circumstances; and
(b) that
has the same or substantially the same effect,
as an order made by a court
under this Article;
“prescribed
jurisdiction” means a jurisdiction in the British Islands, other than
Jersey prescribed by the Minister by Order.
(16) In
paragraph (4) “protect the public or any particular person or
persons from serious sexual harm from the offender” means to protect the
public in Jersey or the particular person or persons
from serious physical or psychological harm caused by the offender committing
one or more relevant offences.
11 Child
protection orders
(1) The Attorney General
may apply to the Royal Court for an order (a “child protection
order”) in respect of a person aged 15 or over (“the
defendant”) –
(a) who
resides in Jersey; or
(b) who
the Attorney General believes is in, or is intending to come to Jersey.
(2) The application may be
made if it appears to the Attorney General that –
(a) the
defendant has, whether before or after the commencement of this Article, done
an act mentioned in paragraph (3); and
(b) as a result of the act, there is reasonable cause to believe
that it is necessary for a child protection order to be made.
(3) The acts referred to in
paragraph (2) are –
(a) engaging
in sexual activity involving a child or in the presence of a child;
(b) causing
or inciting a child to watch a person engaging in sexual activity or to look at
a moving or still image that is sexual;
(c) giving
a child anything that relates to sexual activity or contains a reference to
such activity;
(d) communicating
with a child, where any part of the communication is sexual.
(4) On the application, the
Court may make the order if it is satisfied on the balance of probabilities
that –
(a) the
defendant has, whether before or after the commencement of this Article, done
an act mentioned in paragraph (3); and
(b) it is
necessary to make the order, to protect children generally or any child from
harm from the defendant.
(5) A child protection
order –
(a) prohibits
the defendant from doing anything described in the order;
(b) has
effect for a fixed period (not less than 2 years) specified in the order
or until further order.
(6) The only prohibitions
that may be imposed are those necessary to protect children generally or any
child from harm from the defendant.
(7) The Attorney General or
the defendant may apply to the Royal Court for an order varying, renewing or discharging a child protection order.
(8) On the application the
Court may make any order, varying, renewing or
discharging the child protection order, that the Court considers appropriate.
(9) A child protection
order may be renewed, or varied so as to impose
additional prohibitions on the defendant, only if it is necessary to do so to
protect children generally or any child from harm from the defendant (and any
renewed or varied order may contain only such prohibitions as are necessary for
this purpose).
(10) If an application for a child
protection order has not been determined the Attorney General may apply to the
Royal Court for an interim child protection order.
(11) The Court may, if it
considers it just to do so, make an interim child protection order, prohibiting
the defendant from doing anything described in the order.
(12) Such an order –
(a) has
effect only for a fixed period, specified in the order;
(b) ceases
to have effect, if it has not already done so, on the determination of the main
application.
(13) The Attorney General or the
defendant may apply to the Court for the interim order to be varied, renewed or discharged.
(14) A person commits an offence
if, without reasonable excuse, the person does anything which he or she is
prohibited from doing by –
(a) a
child protection order;
(b) an
interim child protection order; or
(c) a
prescribed order made by a court in a prescribed jurisdiction,
and is liable to imprisonment for a term of 5 years and a fine.
(15) In paragraph (14) –
“prescribed
order” means an order of a type prescribed by the Minister by Order –
(a) that
can be made by a court in a prescribed jurisdiction in the same or
substantially the same circumstances as a child protection order; and
(b) that
has the same or substantially the same effect as a child protection order;
“prescribed
jurisdiction” means a jurisdiction in the British Islands, other than
Jersey, prescribed by the Minister by Order.
(16) In
this Article –
“to protect children
generally or any child from harm from the defendant” means to protect
children generally or any child from physical or psychological harm, caused by
the defendant doing an act mentioned in paragraph (3);
“child” means a person
who has not attained the age of 16 years;
“image” means an
image produced by any means, whether of a real or imaginary subject.
(17) For
the purposes of this Article, a communication is sexual if –
(a) any
part of it relates to sexual activity; or
(b) a
reasonable person would, in all the circumstances but regardless of any
person’s purpose, consider that any part of the communication is sexual.
(18) For
the purposes of this Article, an image is sexual if –
(a) any
part of it relates to sexual activity; or
(b) a
reasonable person would, in all the circumstances but regardless of any
person’s purpose, consider that any part of the image is sexual.
12 Travel
orders
(1) The
Attorney General may apply to the Royal Court for an order (a “travel
order”) in respect of a person who is subject to the notification
requirements of this Law (“the notifier”).
(2) On
the application, the Court may make a travel order if it is satisfied on the
balance of probabilities that the notifier’s acts and behaviour makes it
necessary to make such an order for the purpose of protecting children
generally or any child from serious sexual harm from the notifier outside
Jersey.
(3) A
travel order has effect for a fixed period of not more than 6 months,
specified in the order.
(4) The
order prohibits the notifier from doing whichever of the following is specified
in the order –
(a) travelling
to any place outside Jersey named or described in the order;
(b) travelling
to any place outside Jersey other than a place named or described in the order;
or
(c) travelling
to any place outside Jersey.
(5) The
only prohibitions that may be included in the order are those necessary for the
purpose of protecting children generally or any child from serious sexual harm
from the notifier outside Jersey.
(6) The
Attorney General or the notifier may apply to the Royal Court for an order
varying, renewing or discharging a travel order.
(7) Subject
to paragraph (8), on the application, the Court may make any order
varying, renewing or discharging the travel order,
that it considers appropriate.
(8) A
travel order may be renewed or varied so as to impose
additional prohibitions on the notifier, only if it is necessary to do so for
the purpose of protecting children generally or any child from serious sexual
harm from the notifier outside Jersey (and any renewed or varied order may
impose only such prohibitions as are necessary for this purpose).
(9) A
person commits an offence if, without reasonable excuse, the person does
anything which he or she is prohibited from doing by a travel order and is
liable to imprisonment for a term of 5 years and to a fine.
(10) A
person is not in breach of a travel order if, while the person is on a vessel
or aircraft, the journey of the vessel or aircraft takes it outside Jersey so
long as the vessel or aircraft does not, in the course of
the journey, land at any place outside Jersey.
(11) In
this Article –
“children” means
persons who have not attained the age of 16 years;
“protecting children
generally or any child from serious sexual harm from the notifier outside
Jersey” means protecting children generally or any particular child from
serious physical or psychological harm caused by the notifier doing, outside
Jersey, anything that would constitute a sexual offence to which this Law
applies if done in Jersey;
“acts and behaviour”
include acts and behaviour occurring before the commencement of this Article.
part 4
other convictions
13 Convictions
for sexual offences before the commencement of this Article
(1) This
Article applies to a person who, before the commencement of this Article, had
been convicted –
(a) in
Jersey of a sexual offence to which this Law applies; or
(b) outside
Jersey, of an offence which, if committed in Jersey, would have been such an
offence.
(2) The
Royal Court may, on the application of the Attorney General, order that the
person shall become subject to the notification requirements of this Law.
14 Convictions
for sexually aggravated offences before the commencement of this Article
(1) If,
on an application by the Attorney General, the Royal Court certifies that an
offence, whether committed in Jersey or outside Jersey, before the commencement
of this Article was sexually aggravated, the offender becomes subject to the
notification requirements of this Law.
(2) The
Royal Court must not certify that the offence was sexually aggravated unless it
is satisfied, on the information available to it –
(a) that
the offence was sexually motivated; or
(b) that
at, before or after the time of committing the offence the offender’s
actions included a sexual element directly connected with the commission of the
offence,
and the Court is also
satisfied that the offender poses a risk of sexual harm to the public or any particular person or persons.
15 Convictions
for sexual offences outside Jersey
(1) This
Article applies to a person who, outside Jersey, has been convicted of an
offence which, if committed in Jersey, would have constituted a sexual offence
to which this Law applies.
(2) Where
the person is not a person to whom Article 3(2) applies (a person subject
to prescribed notification requirements), the Royal Court may, on the
application of the Attorney General, order that the person shall become subject
to the notification requirements of this Law.
(3) Where
the person is a person to whom Article 3(2) applies, the Royal Court may,
on the application of the Attorney General, order that the person shall
continue to be subject to the notification requirements of this Law despite the
expiration of the prescribed notification requirements mentioned in that
Article.
16 Convictions
for sexually aggravated offences outside Jersey
(1) If,
on an application by the Attorney General, the Royal Court certifies that an
offence committed outside Jersey was sexually aggravated, the offender becomes
subject to the notification requirements of this Law.
(2) The
Royal Court must not certify that the offence was sexually aggravated unless it
is satisfied, on the information available to it –
(a) that
the offence was sexually motivated; or
(b) that
at, before or after the time of committing the offence the offender’s
actions included a sexual element directly connected with the commission of the
offence,
and the Court is also
satisfied that the offender poses a risk of sexual harm to the public or any particular person or persons.
17 [17]
part 5
appeals
18 Appeals –
general provisions
(1) An appeal under this
Part shall be by way of a review.
(2) On an appeal under this
Part, the court by which the appeal is heard –
(a) may
make any order it considers necessary to give effect to its determination of
the appeal; and
(b) may
also make any incidental or consequential order as appears to it to be just.[18]
(3) Paragraph (4)
applies where –
(a) a
person (“the appellant”) has a right of appeal against sentence
which, under the proviso to Article 24(1) of the Court of Appeal (Jersey)
Law 1961, lies to the Superior Number of the Royal Court; and
(b) the
appellant also has a right of appeal under this Part against an order
(including the terms of an order) or decision of the Royal Court made at the
same time as, or in connection with, that sentence.[19]
(4) Where this paragraph
applies –
(a) the
appeal under this Part shall lie to the Superior Number of the Royal Court (and
may be heard by the Superior Number concurrently with the appeal against
sentence); and
(b) references
in this Part to the Court of Appeal shall be construed as references to the
Superior Number.[20]
19 Appeals – certifications by court
(1) This
Article applies where a court has certified or has refused to
certify –
(a) under
Article 3(4), 10(2), 14(1) or 16(1), that an offence was sexually
aggravated; or
(b) under
Article 10(3), that an offence involved the use or the threat of the use
of violence against a person or property.
(2) Where
a court has certified the offence, the offender may appeal against the
certification –
(a) if
the certification was by the Magistrate’s Court, to the Royal Court; or
(b) if
the certification was by the Royal Court, to the Court of Appeal.
(3) Where
a court has refused to certify the offence, the Attorney General may appeal
against the refusal –
(a) if
the refusal was by the Magistrate’s Court, to the Royal Court; or
(b) if
the refusal was by the Royal Court, to the Court of Appeal.
(4) The
Attorney General or the offender may appeal to the Court of Appeal against a
decision of the Royal Court made on an appeal to it under paragraph (2)(a)
or (3)(a).
20 Appeals –
length of notification period
(1) This
Article applies where a court specifies, under Article 5(1), (2), (3)
or (7), a period that must expire before a person (“the
notifier”) may make an application under Article 5(5).
(2) The
Attorney General or the notifier may appeal against the length of that
period –
(a) if
the period was specified by the Magistrate’s Court, to the Royal Court;
or
(b) if
the period was specified by the Royal Court, to the Court of Appeal.
(3) The
Attorney General or the notifier may appeal to the Court of Appeal against a
decision of the Royal Court made on an appeal to it under paragraph (2)(a).
21 Appeals –
orders
(1) This
Article applies where a court decides to make or not to make an
order –
(a) under
Article 5(5) (that a person should no longer be subject to the
notification requirements of this Law); or
(b) under
Article 13(2) (that a person be made subject to the notification
requirements of this Law in respect of an offence committed before the
commencement of the Article).
(2) The
Attorney General or the person may appeal against the decision –
(a) if
the decision was made by the Magistrate’s Court, to the Royal Court; or
(b) if
the decision was made by the Royal Court, to the Court of Appeal.
(3) The
Attorney General or the person may appeal to the Court of Appeal against a
decision of the Royal Court made on an appeal to it under paragraph (2)(a).
22 Appeals –
restraining orders
(1) This
Article applies where a court –
(a) has
made an order in respect of a person under Article 10(4), 10(5) or 10(11);
or
(b) has
refused to make such an order.
(2) Where
such an order has been made in respect of a person, the person may appeal, if
the order was made by the Magistrate’s Court, to the Royal Court or, if
it was made by the Royal Court, to the Court of Appeal against –
(a) the
making of the order;
(b) the
terms of the order; or
(c) in
respect of an order under Article 10(11), a refusal to make the order.
(3) The
Attorney General may appeal to the Royal Court against –
(a) a
decision of the Magistrate’s Court to refuse to make the order; or
(b) where
an order has been made by the Magistrate’s Court, the terms of the order.
(4) The
Attorney General may appeal to the Court of Appeal against –
(a) a
decision of the Royal Court to refuse to make the order; or
(b) where
an order has been made by the Royal Court, the terms of the order.
(5) The
Attorney General or the person may appeal to the Court of Appeal against a
decision of the Royal Court given on an appeal to it made under paragraph (2)
or (3).
23 Appeals –
child protection orders
(1) This
Article applies where the Royal Court –
(a) has
made an order in respect of a person under Article 11(4), 11(8), 11(10) or
11(13); or
(b) has
refused to make such an order.
(2) Where
such an order has been made in respect of a person, the person may appeal to
the Court of Appeal against –
(a) the
making of the order; or
(b) the
terms of the order including the period specified in the order.
(3) The
Attorney General may appeal to the Court of Appeal against –
(a) a
decision of the Royal Court to refuse to make the order; or
(b) where
an order has been made, the terms of the order including the period specified
in the order.
24 Appeals –
travel orders
(1) This
Article applies where the Royal Court –
(a) has
made an order in respect of a person under Article 12(2) or 12(7); or
(b) has
refused to make such an order.
(2) Where
such an order has been made in respect of a person, the person may appeal to
the Court of Appeal against –
(a) the
making of the order; or
(b) the
terms of the order including the period specified in the order.
(3) The
Attorney General may appeal to the Court of Appeal against –
(a) a
decision of the Royal Court to refuse to make the order; or
(b) where
an order has been made, the terms of the order including the period specified
in the order.
25 Appeals –
convictions before commencement of Article 13
(1) This
Article applies where the Royal Court –
(a) has
made an order in respect of a person under Article 13(2); or
(b) has
refused to make such an order.
(2) Where
such an order has been made in respect of a person, the person may appeal to
the Court of Appeal against the making of the order.
(3) The
Attorney General may appeal to the Court of Appeal against a decision of the
Royal Court to refuse to make the order.
26 Appeals –
convictions outside Jersey
(1) This
Article applies where the Royal Court –
(a) has
made an order in respect of a person under Article 15(2) or 15(3); or
(b) has
refused to make such an order.
(2) Where
such an order has been made against a person, the person may appeal to the
Court of Appeal against the making of the order.
(3) The
Attorney General may appeal to the Court of Appeal against a decision of the
Royal Court to refuse to make the order.
part 6
Role of chief police
officer
27 Supply
of information by Chief Police Officer
(1) This
Article applies to information –
(a) notified
to the police under Articles 6 and 8; or
(b) gained
in respect of a person by virtue of Article 7.
(2) The
Chief Police Officer may supply information to which this Article applies to a
person in Jersey or elsewhere who in the opinion of the Chief Officer needs the
information to prevent, detect, investigate or
prosecute an offence.
(3) Except
as provided by paragraph (4), the supply of information under this Article
is to be taken not to breach any restriction on the disclosure of information
(however arising or imposed).
(4) This
Article does not authorize the doing of anything that contravenes the Data Protection (Jersey) Law 2018.[21]
(5) This
Article does not affect a power to supply information, being a power that
exists apart from this Article.[22]
28 Management
arrangements to be established in respect of persons who pose a risk of sexual harm
(1) In
this Article –
“appointed
officer” means a police officer appointed by the Chief Police Officer for
the purposes of this Article;
“Chief Officers”
means the Chief Officers of the administrations of the States for which the
Ministers have responsibility and includes officers appointed by the Chief
Officers to act on their behalf under this Article;
“general
agreement” means the general agreement entered into under paragraph (2),
as for the time being in force;
“interested
parties” means relevant parties both within and outside the States,
including, in particular –
(a) the
Connétables;
(b) the
Comité des Chefs de Police;
(c) organizations that provide rented housing accommodation;
(d) organizations that provide accommodation for
the homeless;
(e) organizations that provide support for
children in need or at risk;
(f) organizations that provide support for
victims of sexual violence;
(g) organizations that provide support for
victims of domestic violence:
“Ministers”
means –
(a) the Minister
for Justice and Home Affairs;
(b) the Minister
for Housing;
(c) the
Minister for Health and Social Services;
(d) the Minister
for Education and Lifelong Learning; and
(e) the Minister for Sustainable Economic Development;
“office
holders” means –
(a) the
most senior délégué appointed under the Loi (1937) sur l’atténuation
des peines et sur la mise en liberté surveillée;
(b) the Governor
of the prison for the purposes of the Prison (Jersey) Law 1957;
(c) the
Agent of the Impôts appointed under the Customs and Excise (Jersey) Law 1999;
“person who poses a
risk of sexual harm” means –
(a) a
person who, before or after the commencement of this Article, has been
convicted of a relevant offence;
(b) a
person who, before or after the commencement of this Article has been
convicted, outside Jersey, of an offence that would, if the offence had been
committed in Jersey, have constituted a sexual offence to which this Law applies;
(c) a
person who, before or after the commencement of this Article, has been
convicted of an offence that the court has certified, under Article 3(4),
14(1) or 16(1) was sexually aggravated;
(d) a
person in respect of whom a restraining order under Article 10 is or has
been in force;
(e) a
person in respect of whom a child protection order under Article 11 is or
has been in force.[23]
(2) The
Ministers and the Chief Police Officer must liaise and, within 6 months of
the commencement of this Article, enter into an agreement that sets out the
general arrangements that they have agreed they must put into effect to provide
for the assessment and management of persons who pose a risk of sexual harm.
(3) Thereafter,
the Ministers and the Chief Police Officer must keep under review the
implementation and application of the arrangements set out in the general
agreement and amend that agreement as necessary or expedient.
(4) The
Minister for Justice and Home Affairs must lay before the States, as soon as
practicable after they are made, the general agreement and any agreement
amending that agreement.[24]
(5) The
appointed officer, on behalf of the Chief Police Officer, and the Chief
Officers must implement the general agreement –
(a) by
establishing reasonable arrangements to assess and manage each person who poses
a risk of sexual harm;
(b) by
ensuring the fullest possible implementation and application of each such
arrangements; and
(c) by
keeping each such arrangement under review and updated as necessary or
expedient.
(6) In
doing so, the appointed officer and the Chief Officers –
(a) must
act in co-operation with the office holders; and
(b) may
seek the help and advice of interested parties.
(7) It
is the duty of office holders to co-operate in the establishment and
implementation of the arrangements established under paragraph (5)(a) to
the extent that such co-operation and implementation is compatible with the
exercise by the office holders of their functions under other enactments.
(8) Co-operation
under paragraph (6)(a) may include the exchange of information.
(9) Nothing
in paragraph (6) is to be taken as prohibiting the appointed officer and
the Chief Officers from seeking the view of the public or any particular person or persons.
(10) It
is the duty of the appointed officer to monitor the implementation of the
arrangements established under paragraph (5)(a) and to report his or her
findings to the Chief Police Officer.
(11) The
Chief Police Officer must, before the end of March in each year, present to the
Minister a report setting out, in general, non-specific terms, the actions that
have been taken in carrying out the functions mentioned in paragraph (5).
(12) The
Minister must, as soon as practical, lay the report before the States.
(13) The
report must contain, in particular –
(a) details
of the extent to which each of the Ministers has implemented or provided for
the implementation of the general agreement;
(b) a
summary of the arrangements that the appointed officer and the Chief Officers
have established under paragraph (5);
(c) details
of the extent to which those arrangements have been implemented.
(14) The
report must also contain such other information as the Minister may specify.
part 7
miscellaneous provisions
29 Rules
of Court
(1) The
Criminal Procedure Rules Committee may make Rules of Court necessary or
convenient to give effect to this Law.[25]
(2) The
power to make Rules of Court under –
(a) Article 112
of the Criminal Procedure (Jersey) Law 2018;
(b)
(c) Article 67
of the Children (Jersey) Law 2002; and
(d) Articles 19
and 40 of the Court of Appeal (Jersey) Law 1961,
shall, in each case, be
taken to include the power to make Rules of Court necessary or convenient to give effect to this
Law.[26]
(3) Rules
of Court, whether made under paragraph (1) or by virtue of paragraph (2)
may, in particular, make provision –
(a) with
respect to the procedure to be followed in any relevant proceedings (including
the manner in which any application is to be made or other proceedings
commenced);
(b) as to
the persons entitled to participate in any relevant proceedings, whether as
parties to the proceedings or by being given the opportunity to make
representations to the court;
(c) with
respect to the documents and information to be furnished, and notices to be
given, in connection with any relevant proceedings;
(d) with
respect to preliminary hearings;
(e) for
the service outside Jersey in such circumstances and in such manner as may be
prescribed, of any notice of proceedings in the court;
(f) enabling
the court, in such circumstances as may be prescribed, to proceed on any application
even though the respondent has not been given notice of the proceedings; and
(g) authorizing
the Judicial Greffier to discharge the functions of
the court with respect to such relevant proceedings as may be prescribed.
(4) Rules
of Court, whether made under paragraph (1) or by virtue of paragraph (2),
may provide that –
(a) a
person making an application to a court or an appeal under this Law must serve
prescribed documents on the Attorney General;
(b) a
court may sit in private in proceedings in which any powers under this Law may
be exercised by the court with respect to any child.
(5) A
person who publishes material that is intended, or likely, to
identify –
(a) a
child as being concerned in proceedings before a court either as being a child
against or in respect of whom the proceedings are taken or as being a witness
in those proceedings; or
(b) an
address or school as being that of a child involved in any such proceedings,
except in so far (if at all)
as the court hearing those proceedings, having regard to the interest of
justice and the welfare of the child concerned, directs, is guilty of an
offence and is liable to a fine of level 3 on the standard scale.
(6) In
proceedings for an offence under paragraph (5), it is a defence for the
accused to prove that he or she did not know, and had no reason to suspect,
that the published material was likely to identify the child.
(7) In
this Article –
“given” in
relation to a summons, means “served”;
“notice of
proceedings” means a summons or such other notice of proceedings as is required;
“relevant
proceedings” means an application made, or proceedings brought, under a
provision mentioned in paragraph (3) and a part of such proceedings;
“programme service”
has the same meaning as in section 201 of the Broadcasting Act 1990
(as extended to Jersey by the Broadcasting Act 1990 (Jersey) (No. 2)
Order 1991);
“prescribed”, in
respect of any Rules of Court, means prescribed by those Rules of Court;
“publish”
includes –
(a) include
within a programme service; or
(b) cause
to be published;
“material”
includes any picture or representation.
30 Convictions
outside Jersey
(1) Except
as provided by paragraph (2), a requirement or condition of this
Law –
(a) that
a person has been convicted of an offence outside Jersey; or
(b) that
a person has been convicted outside Jersey of an offence which, if committed in
Jersey, would have been a sexual offence to which this Law applies,
is to be taken to be met
unless, not later than Rules of Court may provide, the defendant serves on the
Attorney General a notice –
(c) stating
that, on the facts as alleged with respect to the act in question, the
requirement or condition is not in the person’s opinion met;
(d) showing
the person’s grounds for that opinion; and
(e) requiring
the Attorney General to prove that it is met.
(2) A
court, if it thinks fit, may permit the person to require the Attorney General
to prove that the requirement is met without service of a notice under paragraph (1).
part 8
Citation
32 Citation
This Law may be cited as the Sex Offenders (Jersey) Law 2010.