Jersey Law 3/1986
HOMICIDE (JERSEY) LAW, 1986
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A LAW to
amend the law relating to homicide and for connected purposes, sanctioned by
Order of Her Majesty in Council of the
26th day of MARCH, 1986.
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(Registered on the
25th day of April, 1986).
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STATES OF JERSEY
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The 20th day of
November, 1984.
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THE STATES, subject to the sanction of Her Most Excellent
Majesty in Council, have adopted the following Law –
ARTICLE 1
Abolition of capital
punishment in the case of persons convicted of murder
(1) Notwithstanding any
enactment or rule of law to the contrary, on and after the date of the coming
into force of this Law, no person shall suffer death for murder and a person
convicted of murder shall be sentenced to imprisonment for life.
(2) On sentencing any
person convicted of murder to imprisonment for life, the Court may at the same
time declare the period which it recommends as the minimum period which in its
view should elapse before that person is released from prison on licence.
ARTICLE 2
Provision for the
trial of murder and manslaughter where the cause of death happens in the
Bailiwick and the death happens outside the Bailiwick
Where
any person being criminally stricken, poisoned, or otherwise hurt in any place
in the Bailiwick, shall die of such stroke, poisoning, or hurt upon the sea, or
at any place out of the Bailiwick, every offence committed in respect of any
such case, whether the same shall amount to the offence of murder or of
manslaughter, may be dealt with, inquired of, determined, and the offender
tried and sentenced in the Bailiwick.
ARTICLE 3
Persons suffering from
diminished responsibility
(1) Where a person kills or
is a party to the killing of another, he shall not be convicted of murder if he
was suffering from such abnormality of mind (whether arising from a condition
of arrested or retarded development of mind or any inherent causes or induced
by disease or injury) as substantially impaired his mental responsibility for
his acts and omissions in doing or being a party to the killing.
(2) On a charge of murder,
it shall be for the defence to prove that the person charged is by virtue of
this Article not liable to be convicted of murder.
(3) A person who but for
this Article would be liable, whether as principal or as accessory, to be
convicted of murder shall be liable instead to be convicted of manslaughter.
(4) The fact that one party
to a killing is by virtue of this Article not liable to be convicted of murder
shall not affect the question whether the killing amounted to murder in the
case of any other party to it.
ARTICLE 4
Provocation
Where
on a charge of murder there is evidence on which the jury can find that the
person charged was provoked (whether by things done or by things said or by
both together) to lose his self-control, the question whether the provocation
was enough to make a reasonable man do as he did shall be left to be determined
by the jury; and in determining that question the jury shall take into account
everything both done and said according to the effect which, in their opinion,
it would have on a reasonable man.
ARTICLE 5
Short title and repeal
(1) This Law may be cited
as the Homicide (Jersey) Law, 1986.
(2) The enactments
mentioned in the first column of the Schedule to this Law are hereby repealed
to the extent mentioned in the second column.
E.J.M. POTTER
Greffier of the States
SCHEDULE
(Article 6)
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First column
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Second
column
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Loi (1864) réglant la
procédure criminelle
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Articles 25 and 53
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|
Loi (1907) au sujet de la peine
de mort
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The whole Law
|
|
Criminal Justice (Jersey) Law,
1957, as amended
|
Article 6
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|
Prison (Jersey) Law, 1957, as
amended
|
Article 9
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|
Children (Jersey) Law, 1969, as amended
|
Article 12
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