Jersey Law 2/1981
PRISON (AMENDMENT No. 2) (JERSEY) LAW, 1981.
____________
A LAW to amend further the
Prison (Jersey) Law, 1957, to provide for the establishment and administration
of institutions for young offenders, for the supervision of such persons after
release and for connected purposes, and to make additional provisions in
relation to the administration of the prison, sanctioned by Order of Her
Majesty in Council of the
18th day of march, 1981.
_____________
(Registered on
the 21st day of April, 1981).
____________
STATES OF
JERSEY.
____________
The 18th day of December, 1979.
____________
THE
STATES, subject to the sanction of Her Most Excellent Majesty in Council
have adopted the following Law: -
ARTICLE
1
In the long title to the Prison (Jersey) Law, 1957, as amended, (hereinafter referred to as “the
Law”) after the word “Prison” there shall be inserted the
following words –
“, to provide for the establishment and administration of
institutions for young offenders,”.
ARTICLE
2
For paragraph (1) of Article 1 of the Law there shall be
substituted the following paragraph –
“(1) In
this Law, unless the context otherwise requires, ‘the prison’ means
the States of Jersey Prison at La Moye, in the parish
of St. Brelade, and any new prison which may
hereafter be built.”
ARTICLE
3
In Article 4 of the Law –
(a) in paragraph (1) the words “not later
than the eleventh day of April in” shall be deleted;
(b) in paragraph (2) –
(i) in
sub-paragraph (b) all the words after
“prison” shall be deleted;
(ii) in
sub-paragraph (c) all the words after
“inflicted” in the second place where it appears shall be deleted.
ARTICLE
4
(1) For
paragraphs (3) and (4) of Article 7 of the Law there shall be substituted the
following paragraphs –
“(3) The
Prison Board shall determine the ranks of officers appointed under this
Article, the number of officers to be employed in each rank and, after
consultation with the Establishment Committee, the appropriate scale of pay for
each rank, and the purpose and amount of any allowances.
(4) The
Prison Board may by Order make provision in relation to officers appointed
under this Article respecting –
(a) holidays and leave of absence, including leave
of absence by reason of sickness;
(b) discipline and conduct in connexion
with their official employment;
(c) retirement from office and the payment of
pensions and gratuities;
(d) such other matters as may be considered
necessary relating to their conditions of service:
Provided that, before making an Order respecting any of the matters
dealt with in sub-paragraphs (a), (c) and (d) of this paragraph, the Board shall consult the Establishment
Committee.”
(2) Orders
made under paragraph (3) of Article 7 of the Law before the coming into force
of this Law shall, except for provisions prescribing ranks of officers and the
number of officers employed therein, pay and allowances, remain in force until
revoked by Orders made under paragraph (4) of that Article as substituted by
paragraph (1) of this Article.
ARTICLE
5
In paragraph (2) of Article 10 of the Law after the words
“officer of the prison” there shall be inserted the following words
–
“and while he is being taken to or from any place to which he
is required or authorized by or under this Law to be taken, or is kept in
custody in pursuance of any such requirement or authorization.”
ARTICLE
6
In Article 11 of the Law –
(a) in paragraphs (1), (3) and (4) for the words
“Medical Officer of Health” in each place where they appear, there
shall be substituted the words “the medical officer of the prison”;
(b) in paragraph (5) for the word
“shall” there shall be substituted the word “may”.
ARTICLE
7
In Article 12 of the Law for the words “the men” there
shall be substituted the words “male prisoners” and for the words
“the women” there shall be substituted the words “female
prisoners”.
ARTICLE
8
In paragraph (2) of Article 18 of the Law for the words “a
Sunday, Christmas Day or Good Friday” there shall be substituted the
following words –
“a Saturday, a Sunday, Christmas Day, Good Friday, or any day
appointed to be observed as a public holiday under Article 2 of the Public
Holidays and Bank Holidays (Jersey) Law, 1951, as amended,”.
ARTICLE
9
(1) In
Article 23 of the Law for the word “twenty” there shall be
substituted the words “one hundred”.
(2) In
Article 24 of the Law for the word “ten” there shall be substituted
the words “one hundred”.
ARTICLE
10
After Article 25 of the Law there shall be inserted the following
Articles –
“ARTICLE 25A
POWER TO PROVIDE YOUNG OFFENDERS’
CENTRE, AND ATTENDANCE CENTRES.
(1) The
Prison Board may provide –
(a) a young offenders’ centre,
that is to say, a place at which male persons of not less than fourteen, but
under twenty-one, years of age, who are ordered to be detained there in
pursuance of Article 19 of the Children (Jersey) Law, 1969, as amended, may be
kept for short periods under discipline suitable to persons of their age and
description;
(b) attendance centres,
that is to say, places at which male persons of not less than ten, but under
twenty-one, years of age may be ordered to attend in pursuance of Article 23 of
the Children (Jersey) Law, 1969, as amended, and there be given appropriate
occupation or instruction under supervision.
(2) For
the purpose of sub-paragraph (b) of
paragraph (1) of this Article, the Prison Board may make arrangements with any
other Committee of the States for the use of premises administered by that
Committee.
ARTICLE
25B
APPLICATION OF LAW TO YOUNG OFFENDERS’ CENTRE
(1) With
the exception of paragraphs (2) to (6) of Article 19, the preceding provisions
of this Law shall, subject to such adaptations and modifications as the Prison
Board may by Rules prescribe, apply to the young offenders’ centre provided under Article 25A of this Law and to
persons detained therein as they apply to the prison and to prisoners.
(2) References
in the preceding provisons of this Law to
imprisonment shall, so far as those provisions apply to the young
offenders’ centre provided under Article 25A of
this Law be construed as including detention in such a centre.
ARTICLE
25C
SUPERVISION AFTER RELEASE FROM YOUNG OFFENDERS’ CENTRE
(1) A
person detained in the young offenders’ centre
in pursuance of an order under Article 19 of the Children (Jersey) Law, 1969,
as amended, shall, after his release and until the expiration of twelve months
from the date of his release, be under the supervision of such person as may be
specified in a notice to be given him by the Prison Board on his release and
shall, while under that supervision, comply with such requirements as may be so
specified:
Provided that the Prison Board may at any time modify or cancel any
of those requirements, or order that a person who is under supervision as
aforesaid shall cease to be under supervision.
(2) If
before the expiration of the said period of twelve months the Prison Board is
satisfied that a person under supervision under paragraph (1) of this Article
has failed to comply with any requirement for the time being specified in the
notice given to him under that paragraph, the Prison Board may order him to be
recalled to the young offenders’ centre; and
thereupon he shall be liable to be detained in the young offenders’ centre until the expiration of a period equivalent to that
part of his term which was unexpired on the date of
his release from the young offenders’ centre,
or until the expiration of the period of fourteen days from the date of his
being taken into custody under the order, whichever is the later, and, if at
large, shall be deemed to be unlawfully at large:
Provided that –
(a) a person shall not be recalled more than once
under this paragraph by virtue of the same order under Article 19 of the
Children (Jersey) Law, 1969, as amended; and
(b) an order under this paragraph shall, at the
expiration of the said period of twelve months, cease to have effect unless the
person to whom it relates is then in custody thereunder.
(3) The
Prison Board may at any time release a person who is detained in the young
offenders’ centre under paragraph (2) of this
Article.
ARTICLE
25D
TRANSFERS FROM YOUNG OFFENDERS’ CENTRE TO PRISON
If a person detained in the young offenders’ centre is reported to the Prison Board by the Board of
Visitors to be incorrigible, or to be exercising a bad influence on the other
persons detained in the centre, the Prison Board may
substitute for the unexpired part of the term for
which that person is then liable to be detained in the young offenders’ centre such term of imprisonment as it may determine, not
exceeding the said unexpired part, and for the
purposes of this Law that person shall be treated as if he had been sentenced
to imprisonment for that term.”
ARTICLE
11
(1) In
the heading to Article 26 of the Law after the word “prison” there
shall be inserted the words “and other institutions” and, in
paragraph (1) of that Article, after the word “prison”, there shall
be inserted the words “the young offenders’ centre,
and attendance centres respectively”.
(2) For
paragraphs (5), (6) and (7) of Article 26 of the Law there shall be substituted
the following paragraphs –
“(5) Rules
made under this Article may provide for the temporary release of persons
detained in the prison or the young offenders’ centre,
not being persons committed in custody for trial before the Royal Court or
committed to be sentenced or otherwise dealt with by that Court or remanded in
custody by any court.
(6) The
Subordinate Legislation (Jersey) Law, 1960 shall apply to Rules made under this
Article.”
ARTICLE
12
This Law may be cited as the Prison (Amendment No. 2) (Jersey) Law,
1981.
R.S. GRAY,
Deputy Greffier of the States.