Jersey Law 6/1994
CRIMINAL JUSTICE
(YOUNG OFFENDERS) (JERSEY) LAW 1994
____________
1.
Interpretation
2.
Age of criminal responsibility
3.
Custodial sentences for young offenders
4.
Sentences of youth detention for offenders
less than twenty-one years old
5.
Custody where life sentence fixed by law and sentences
for serious offence
6.
Detention in a young offender institution for
default
7.
Matters affecting a court’s power to
pass a sentence of youth detention
8.
Attendance at an attendance centre
9.
Power to order parent or guardian to pay
fine, etc.
10.
Supervision of young offenders after release
from youth detention
11.
Establishment and constitution of Youth Court
12.
Jurisdiction of Youth Court
13.
Procedure in Youth Court
14.
Miscellaneous provisions as to powers of
Youth Court
15.
Appeals from Youth Court
16.
Remand of persons under school leaving age to
remand centres
17.
Power of prison governor to transfer young
offenders in certain circumstances
18.
Attendance at court of parents of person aged
under eighteen brought before court
19.
Determination of age
20.
Offences committed by persons aged under
fourteen
21.
Saving with regard to court proceedings
involving children
22.
Amendments and transitional provisions
23.
Short title and commencement
A LAW to re-enact provisions relating to,
and to provide new methods of dealing with, offenders under the age of
twenty-one, sanctioned by Order of Her Majesty in Council of the
15th day of march 1994
____________
(Registered on the
22nd day of April 1994)
____________
STATES OF JERSEY
____________
The 12th day of October 1993
____________
THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
PART I
PRELIMINARY
ARTICLE 1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“attendance
centre” means an attendance centre
provided by the Prison Board under Article 25A of the Prison (Jersey) Law 1957;
“attendance
centre order” means an order made under
paragraph (1) of Article 8;
“compensation
order” includes an order made under paragraph (1) of Article 2 of the
Criminal Justice (Compensation Orders) (Jersey) Law 1994;
“guardian”
includes a person who, in the opinion of the court hearing the case in which a
person under the age of twenty is concerned, has for the time being charge of
or control over that person;
“the
Juvenile Appeal Court” and the Juvenile Court” mean the Courts
established under Article 38 and 41A, respectively, of the Children (Jersey)
Law 1969;
“the
Magistrate” means the “Juge d’Instruction” appointed under the “Lois
(1864 à 1969) concernant
la charge de Juge d’Instruction” and includes a person
exercising those functions;
“place of
safety” has the same meaning as in Article 1 of the Children (Jersey) Law
1969;
“the
prison” has the same meaning as in Article 1 of the Prison (Jersey) Law
1957;
“the
Probation Law” means the “Loi (1937) sur l’atténuation
des peines et sur la mise en liberté
surveillée”;
“probation
officer” means a “délégué”
appointed under Article 7 of the Probation Law;
“probation
order” means an order made under the Probation Law;
“young
offender institution” means a young offender institution provided by the
Prison Board under Article 25A of the Prison (Jersey) Law 1957;
“the Youth
Court” means the Court established by Article 11; and
“youth
detention” means a sentence of detention in a young offender institution
imposed by virtue of paragraph (1) of Article 4.
(2) A
reference in this Law to a Part, Article or Schedule by number only, and
without further identification, is a reference to the Part, Article or Schedule
of that number in this Law.
(3) A
reference in an Article or other division of this Law to a paragraph or
sub-paragraph by number only and without further identification, is a reference
to the paragraph or sub-paragraph of that number in the Article or other
division in which that reference occurs.
(4) Where
this Law refers to an enactment, the reference is to that enactment as amended
from time to time, and includes a reference to that enactment as extended or
applied by or under any other enactment, including any other provision of that
enactment.
PART II
YOUNG OFFENDERS
ARTICLE 2
Age
of criminal responsibility
It shall be
conclusively presumed that no person under the age of ten can be guilty of an
offence.
ARTICLE 3
Custodial
sentences for young offenders
(1) No
court shall pass a sentence of imprisonment on a person under the age of
twenty-one.
(2) No
court shall pass a sentence of borstal training.
ARTICLE 4
Sentences of youth detention for offenders less than
twenty-one years old
(1) Subject
to Article 5 and to the following provisions of this Article, where a person
who is aged not less than fifteen but under twenty-one is convicted of an
offence which is, in the case of a person aged twenty-one or over, punishable
with imprisonment, the court may pass a sentence of detention in a young
offender institution.
(2) A
court shall not pass a sentence of youth detention unless it considers that no
other method of dealing with him is appropriate because it appears to the court
that –
(a) he has a history of
failure to respond to non-custodial penalties and is unable or unwilling to
respond to them; or
(b) only a custodial
sentence would be adequate to protect the public from serious harm from him; or
(c) the offence or the
totality of the offending is so serious that a non custodial sentence cannot be
justified;
and the court
shall state in open court its reasons for imposing a sentence of youth
detention and shall explain to the person that on his release he may be subject
to a period of supervision in accordance with Article 10.
(3) Subject
to paragraph (5), the maximum term of a sentence of youth detention that a
court may impose is the same as the maximum term of imprisonment (including a
maximum term of imprisonment for life) which a court could impose on a person
aged twenty-one or over for the same offence.
(4) A
court may pass consecutive sentences of youth detention in the same way as
consecutive sentences of imprisonment; and where an offender serving a sentence
of youth detention is aged twenty-one or over and is convicted of one or more
further offences for which he is liable to imprisonment, the court may pass one
or more sentences of imprisonment to run consecutively to the sentence of youth
detention.
(5) Notwithstanding
paragraphs (3) and (4), but subject to Article 5, a court shall not pass on any
one occasion a sentence or sentences on an offender aged less than seventeen
the effect of which would be that he would on that occasion be sentenced to a
term of youth detention exceeding twelve months and so much of any such term
for which an offender is sentenced as exceeds twelve months shall be treated as
remitted.
ARTICLE 5
Custody where life sentence fixed by law and
sentences for serious offence
(1) Subject
to paragraph (2), where a person under twenty-one is convicted of murder or any
other offence for which the sentence is fixed by law as imprisonment for life,
the court shall sentence him to custody for life.
(2) Where
it appears to a court that a person convicted of an offence referred to in
paragraph (1) was at the time the offence was committed under the age of
eighteen the court shall instead sentence him to be detained during Her
Majesty’s pleasure.
(3) A
person sentenced under paragraph (2) shall be detained in a place and under
conditions which the Secretary of State may direct, and pending those
directions shall be detained as the Royal Court shall direct.
(4) Where
a person under seventeen years of age is convicted of any offence punishable in
the case of a person aged twenty-one or over with imprisonment for fourteen
years or more, not being an offence for which the sentence is fixed by law, and
the court is of the opinion that none of the other methods in which the case
may legally be dealt with is suitable, the court may sentence the offender to
be detained for such period, not exceeding the maximum term of imprisonment
with which the offender is punishable in the case of a person aged twenty-one
or over, as may be specified in the sentence and, where such a sentence has
been passed, the person so sentenced shall be detained in such place and under
such conditions as the Secretary of State may direct.
ARTICLE 6
Detention in a young offender institution for
default
(1) Where
in the case of a person aged twenty-one or over a court could –
(a) fix a term of
imprisonment in the event of default of payment of a fine, a compensation order
or a sum due under a recognisance;
(b) commit the person to
prison as the result of such default;
(c) commit the person to
prison for contempt of court or any kindred offence,
the court may, in
the case of a person aged not less than seventeen but under twenty-one, fix a
term of youth detention or, as the case may be, commit him to be detained in a
young offender institution, for a term not exceeding the term of imprisonment.
(2) A
court shall not commit a person under paragraph (1) unless it is of the opinion
that no other method of dealing with him is appropriate, and the court’s
reasons for its opinion shall be stated in open court.
(3) Articles
4 and 5 of the Criminal Justice (Jersey) Law 1957 (powers of courts in relation to
fines and forfeited recognizances) and Articles 3 and
5 of the Criminal Justice (Compensation Orders) (Jersey) Law 1994 shall apply as if references to
imprisonment were references to youth detention under this Article, and
references in those Articles to the prison or the governor of the prison shall
be construed accordingly.
(4) Notwithstanding
anything in Article 5 of the Criminal Justice (Jersey) Law 19579 or Article 5 of the Criminal
Justice (Compensation Orders) (Jersey) Law 199410, where a court has made an order
under either Article 4 of the first mentioned of those Laws or, as the case may
be, Article 3 of the latter of those Laws, in respect of a person under the age
of twenty-one and that person is in default of that order, the officer
responsible for the recovery of the fine or the sum due under the recognisance shall bring the person before the court which
made the order and the court, after making such enquiry into the reasons for
the default as appears to it to be requisite may, either –
(a) order that the person
shall forthwith serve the term of youth detention which had been fixed, or
(b) make such other order
with respect to him as appears to be just.
ARTICLE 7
Matters affecting a court’s power to pass a
sentence of youth detention
(1) For
the purpose of determining whether there is an appropriate method of dealing
with an offender other than by passing a sentence of youth detention the court
shall obtain and consider information about the circumstances and shall take
into account information before the court which is relevant to his character
and physical and mental condition, and in particular the court shall, unless it
considers it unnecessary to do so in a particular case, obtain a report on him
from a probation officer.
(2) If
the Youth Court or the Police Court imposes a sentence of youth detention
without having obtained a report from a probation officer it shall state in
open court the reasons why it considered the report unnecessary.
ARTICLE 8
Attendance at an attendance centre
(1) Where
a court could –
(a) in the case of a person
aged twenty-one or over pass a sentence of imprisonment or make an order committing
him to prison for default; or
(b) deal with a person
under Article 5 of the Probation Law for failure to comply with a requirement
of a probation order,
the court may, in
the case of a person who is under the age of twenty-one, and where it has been
notified by the Prison Board that an attendance centre
is available for persons of his class or description, order him to attend a
specified attendance centre for a specified number of
hours.
(2) An
attendance centre order shall not be made in respect
of a person previously sentenced to imprisonment, borstal
training, youth detention or youth custody unless the court considers that
there are special circumstances, whether related to the offence or the
offender, which warrant the making of an order in his case.
(3) The
aggregate number of hours for which an attendance centre
order may require a person to attend at an attendance centre
shall not exceed thirty-six and shall not be less than twelve unless he is
under the age of fourteen and the court considers that, having regard to his
age or other circumstances, twelve hours would be excessive.
(4) A
court may make an attendance centre order in respect
of an offender before a previous attendance centre
order in respect of him has ceased to have effect, and may determine the number
of hours to be specified in the order without regard –
(a) to the number of hours
specified in the previous order; or
(b) to the fact that that
order is still in effect.
(5) The
times at which an offender is required to attend at an attendance centre shall avoid interference, so far as practicable,
with his school or working hours, and the first such time shall be specified in
the order (being a time at which the centre is available
for the attendance of the offender in accordance with the notification of the
Prison Board) and the subsequent times shall be fixed by the person in charge
of the centre, having regard to the offender’s
circumstances, but the offender shall not be required to attend at an
attendance centre on more than one occasion on one
day, or for more than two hours on one occasion.
(6) The
court which made an attendance centre order may, on
the application of the offender or of the person in charge of the attendance centre specified in the order, either discharge it or vary
the day or hour specified therein for the offender’s first attendance,
and where the application is made by the person in charge of the attendance centre the court may deal with it in the absence of the
offender.
(7) A
copy of an order made under paragraph (1) or (6) shall be given by the Judicial
Greffier to the person in charge of the attendance centre specified therein and to the offender.
(8) Where
a person has been ordered to attend an attendance centre
in default of payment of a fine or a compensation order –
(a) on payment of the whole
sum to a person authorised to receive it the order
shall cease to have effect;
(b) on payment of part of
the sum, the total number of hours for which an offender is required to attend
the centre shall be reduced pro rata to the amount paid.
(9) Where
an attendance centre order has been made and it
appears on information to the Bailiff or to the Magistrate that the offender
–
(a) has failed without
reasonable excuse to attend at the centre in
accordance with the order; or
(b) while attending the centre has committed a breach of rules made under the
Prison (Jersey) Law 1957, which cannot be adequately dealt
with under those rules,
the Bailiff or
the Magistrate may require that the offender be taken before the court by which
the order was made or may, if the information is in writing and on oath, order
his arrest with a view to being brought before that court.
(10) If
the court is satisfied as to the matters set out in sub-paragraph (a) or (b) of
paragraph (9) it may revoke the attendance centre
order and deal with the offender in any manner in which he could have been
dealt with by the court if the order had not been made.
ARTICLE 9
Power to order parent or guardian to pay fine, etc.
(1) Where
a person under the age of eighteen is charged with an offence for the
commission of which a fine or costs may be imposed, if the court is of the
opinion that the case would be best met by the imposition of a fine or costs,
whether with or without any other punishment, the court may, and shall if the
offender is under the age of fourteen, order that the fine or costs awarded be
paid by the parent or guardian of the offender instead of by the offender,
unless the court is satisfied –
(a) that the parent or
guardian cannot be found; or
(b) that it would be
unreasonable to make such an order having regard to the circumstances of the
case.
(2) In
the case of a person under the age of eighteen charged with an offence, the
court may order his parent or guardian to give security for his good behaviour.
(3) An
order under this Article may be made against a parent or guardian who, having
been required to attend, has failed to do so, but except in that case, no such
order shall be made without giving the parent or guardian an opportunity of
being heard.
(4) Sums
ordered to be paid by a parent or guardian, either under this Article or on
forfeiture of security for good behaviour, may be
recovered from him and shall be disposed of as if the order had been made on
the conviction of the parent or guardian of the offence with which the offender
was charged.
(5) A
parent or guardian may appeal against an order under this Article as if he had
been convicted of the offence with which the offender was charged.
ARTICLE 10
Supervision of young offenders after release from
youth detention
(1) Where
a person who has been sentenced to a term of youth detention of four months or
more is released from custody he shall on being so released be under the supervision
of a supervisor who shall be either a probation officer or an officer of the
Education Committee.
(2) The
period of supervision under paragraph (1) shall end with –
(a) the date on which the
person would have been released from custody if he had not been granted
remission under the Prison (Jersey) Law 1957; or
(b) his twenty-second
birthday,
whichever is
sooner, but in any event shall not extend more than twelve months from the date
of his release.
(3) While
a person is under supervision he shall comply with such written requirements as
the Prison Board, after consultation with that person’s supervisor, shall
notify to him.
(4) The
Prison Board may, after consulting with the person’s supervisor, at any
time modify or cancel any of the requirements notified in accordance with
paragraph (2) and shall give written notice to the person under supervision of
any such cancellation or modification.
(5) If
a person who is subject to supervision under this Article fails without
reasonable excuse to comply with any requirement or modified requirement
notified to him under paragraph (1) or (2) he shall be guilty of an offence and
liable to –
(a) a fine not exceeding
five hundred pounds; or
(b) an appropriate
custodial sentence for a period not exceeding thirty days.
(6) In
paragraph (5) “appropriate custodial sentence” means a sentence
–
(a) of imprisonment if the
offender has attained the age of twenty-one when he is sentenced; or
(b) youth detention if he
has not attained that age.
(7) A
person released from a custodial sentence passed under paragraph (5) shall not
be liable to a period of supervision in consequence of his conviction thereunder, but his conviction shall not affect any
liability to supervision to which he was previously subject, and that liability
shall accordingly continue until the end of the relevant period.
PART III
THE YOUTH COURT
ARTICLE 11
Establishment and constitution of Youth Court
(1) There
shall be a Youth Court which shall have and may exercise the jurisdiction
conferred upon it by this or any other enactment.
(2) The
First Schedule shall have effect in relation to the constitution and procedures
of the Youth Court.
(3) Where
in any enactment other than this Law there is a reference to the Juvenile Court
that reference shall be construed as a reference to the Youth Court.
(4) Subject
to the provisions of this Law, the provisions of any other enactment relating
to the practice and procedure in the Police Court shall apply to the practice
and procedure in the Youth Court.
ARTICLE 12
Jurisdiction of Youth Court
(1) The
Youth Court shall have the same powers as are vested in the Police Court and
shall have jurisdiction to hear charges against persons under the age of
eighteen, but, subject to paragraph (2) –
(a) a charge made jointly against
a person under the age of eighteen and a person who has attained the age of
eighteen shall be heard by the Police Court and not by the Youth Court;
(b) where a person under
the age of eighteen is charged with an offence, the charge may be heard by the
Police Court if a person who has attained the age of eighteen is charged at the
same time with aiding, abetting, causing, procuring, allowing or permitting
that offence;
(c) where, in the course of
proceedings before the Police Court, it appears that the person to whom the
proceedings relate is under the age of eighteen, nothing in this paragraph
shall be construed as preventing the Police Court, if it thinks fit so to do,
from continuing with the hearing and determination of those proceedings.
(2) Notwithstanding
the fact that the Police Court has heard a case involving a person under the
age of eighteen, where that person is convicted of an offence and is on the
date of conviction still under that age, the Court may remand him in custody or
on bail for sentence by the Youth Court.
(3) For
the avoidance of doubt, it is declared that, in respect of a person under the
age of eighteen, the Youth Court shall have and may exercise the same power to
commit for trial by the Royal Court as is vested in the Police Court by
paragraph (2) of Article 4 of the Police Court (Miscellaneous Provisions)
(Jersey) Law 1949.
ARTICLE 13
Procedure in Youth Court
(1) The
Youth Court shall sit as often as may be necessary for the purpose of
exercising the jurisdiction conferred on it by or under this Law or any other
enactment and, unless there are no cases before the Court, it shall sit on at
least one occasion in each week.
(2) No
person shall be present at a sitting of the Youth Court except –
(a) members and officers of
the court;
(b) parties to the case
before the court, their advocates and solicitors, and witnesses and other
persons directly concerned in that case;
(c) bona fide representatives of newspapers, news agencies or sound or
television broadcasting companies;
(d) such other persons as
the court may specially authorise to be present.
ARTICLE 14
Miscellaneous provisions as to powers of Youth Court
(1) The
Youth Court sitting for the purpose of hearing a charge against, or an
application relating to, a person who is believed to be under the age of
eighteen may, if it thinks fit to do so, proceed with the hearing and
determination of the charge or application, notwithstanding that it is
discovered that the person in question is not under that age.
(2) The
attainment of the age of eighteen by a person in respect of whom a probation
order is in force, or a person in whose case an order for conditional discharge
has been made, shall not deprive the Youth Court of jurisdiction to enforce his
attendance and deal with the requirements of the probation order, or the
commission of a further offence, or to amend or discharge the probation order.
ARTICLE 15
Appeals from Youth Court
(1) There
shall be a Youth Appeal Court consisting of the Bailiff and three members of
the panel appointed under paragraph 1 of the First Schedule who were not
members of the Youth Court from which the appeal is being heard.
(2) A
person convicted by the Youth Court may appeal to the Youth Appeal Court and
the provisions of Part IV of the Police Court (Miscellaneous Provisions)
(Jersey) Law 1949, shall apply mutatis mutandis to any such appeal.
PART IV
MISCELLANEOUS
ARTICLE 16
Remand of persons under school leaving age to remand
centres
(1) A
person who is under the maximum age at which, by virtue of Article 20 of the
“Loi (1912) sur l’instruction primaire”, he ceases to be required
to attend school (in this Article referred to as the “school leaving
age”) who may lawfully be remanded in custody may be so remanded to a
remand centre established under the Children (Jersey)
Law 1969 and a person who is over school
leaving age but under the age of twenty-one who may lawfully be remanded in
custody may be so remanded to a young offender institution.
(2) The
order in pursuance of which a person under the school leaving age is committed
to custody in a remand centre shall be delivered with
that person to the person in charge of the centre and
shall be a sufficient authority for his detention in the centre
in accordance with the terms thereof.
(3) A
person under school leaving age while so detained and while being conveyed to
and from a remand centre shall be deemed to be in
lawful custody.
(4) A
person who –
(a) knowingly assists or
induces a person under school leaving age to escape from a remand centre;
(b) without lawful
authority takes a person under school leaving age away from a remand centre; or
(c) knowingly harbours or conceals a person under school leaving age who
has so escaped or been taken away, or prevents him from returning,
shall be guilty
of an offence and liable to a fine, or to imprisonment for a term not exceeding
six months, or to both.
ARTICLE 17
Power of prison governor to transfer young offenders
in certain circumstances
(1) Without
prejudice to any other power vested in the governor of the prison, he may
instruct that a person under twenty-one who is remanded in custody to a young
offender institution or serving a sentence of youth detention may be
transferred –
(a) to a prison medical
facility or to a hospital for medical treatment;
(b) to the prison, either
for a fixed term or for the remaining part of his sentence or the period of his
remand, if the governor is of the opinion that, by reason of that
person’s behaviour whilst detained it is not in
his interests or the interests of other persons there detained to continue to
detain him in the young offender institution; or
(c) to the prison, either
for a fixed term or for the remaining part of his sentence, or for the period
of his remand, if the governor is of the opinion that no suitable facilities
exist in the young offender institution for the detention of that person.
(2) Where
a person is transferred from a young offender institution under this Article,
he shall be in lawful custody during the period of the transfer and the period
of transfer shall be treated for all purposes as a part of his sentence.
ARTICLE 18
Attendance at court of parents of person aged under
eighteen brought before court
(1) Where
a person under the age of eighteen is charged with an offence or is for any
other reason brought before a court, a person who is a parent or guardian of
his and who is resident in the Island shall, and if not so resident may, be
required to attend at the court before which the case is held or determined
during all the stages of the proceedings, unless the court is satisfied that it
would be unreasonable to require his attendance or that his attendance at any
stage of the proceedings is unnecessary.
(2) Where
a person under the age of eighteen is apprehended or taken to a place of
safety, such steps shall be taken as may be practicable to inform at least one
person whose attendance is, or may be, required under this Article of that fact
and of the place and time at which his attendance at the court is or may be
required.
ARTICLE 19
Determination of age
The age of a
person shall be deemed to be or to have been that which appears to the court,
after receiving any available evidence, to be or to have been his age at the
material time.
ARTICLE 20
Offences committed by persons aged under fourteen
In any
proceedings for an offence committed or alleged to have been committed by a
person of or over the age of twenty-one, any offence of which he was convicted
while under the age of fourteen shall be disregarded for the purposes of any
evidence relating to his previous convictions; and he shall not be asked, and
if asked shall not be required to answer, any question relating to such an
offence, notwithstanding that the question would otherwise be admissible under
Article 2 of the “Loi (1908) au sujet des témoins et
informateurs”.
ARTICLE 21
Saving with regard to court proceedings involving
children
Nothing in this
Law shall derogate from the provisions of Articles 36 and 37 and Part XIIA of
the Children (Jersey) Law 1969 (proceedings in court in relation
to children).
ARTICLE 22
Amendments and transitional provisions
(1) Article
1 of the Police Court (Miscellaneous Provisions) (Jersey) Law 1949 shall be amended –
(a) by re-numbering Article
1 as paragraph (1) of that Article;
(b) by substituting a
semi-colon for the full-stop at the end of paragraph (1) and by inserting
thereafter the following definition –
“
‘youth detention’ has the meaning given by paragraph (1) of Article
1 of the Criminal Justice (Young Offenders) (Jersey) Law 1994.”; and
(c) by inserting after
paragraph (1) the following paragraph –
“(2) In this Law a
reference to prison or to imprisonment or to liability to imprisonment,
includes in the case of a person who is under the age of twenty-one, a
reference to a young offender institution, or to a sentence of youth detention
or liability to that sentence.”.
(2) The
Criminal Justice (Jersey) Law 1957 shall be amended –
(a) in paragraph (2) of
Article 3 by inserting after the words “Borstal
training,” the words “youth detention,”; and
(b) in paragraph (1) of
Article 7 by inserting at the end of that paragraph the words “and
‘youth detention’ means a sentence of youth detention imposed under
Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994”.
(3) The
Children (Jersey) Law 1969, shall be amended as provided in the Second
Schedule.
(4) For
sub-paragraph (b) of paragraph (2) of Article 1 of the Criminal Justice
(Probation Orders) (Jersey) Law 1986 there shall be substituted the
following sub-paragraph –
“(b) in the case of a probationer to
whom Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994
applies, a sentence of youth detention.”.
(5) In
paragraph (5) of Article 7 of the Drug Trafficking Offences (Jersey) Law 1988 for the words “, detention
in a Young Offender’s Centre or borstal training” there shall be substituted the
words “or youth detention”.
(6) This
Law shall have effect subject to the transitional provisions set out in the
Third Schedule.
ARTICLE 23
Short title and commencement
This Law may be
cited as the Criminal Justice (Young Offenders) (Jersey) Law 1994, and shall
come into force on such day as the States may by Act appoint and different days
may be appointed for different purposes or provisions of this Law.
G.H.C. COPPOCK
Greffier of the States.
FIRST SCHEDULE
(Article 11)
Youth Court
1.-(1) Subject to paragraph 5, the Youth Court
shall be duly constituted if it consists of the Magistrate, who shall be the
chairman, and two other members, at least one of whom shall be a woman.
(2) The other members shall
be persons from a panel (hereinafter referred to as “the Youth Court
Panel”) appointed for the purpose by the Superior Number of the Royal
Court.
(3) Any appointment to the
panel of the Juvenile Court made by the Superior Number of the Royal Court
under the Second Schedule to the Children (Jersey) Law 1969, which is subsisting on the coming
into force of Article 11 of this Law shall continue to subsist as if it had
been an appointment to the Youth Court panel made under this Law but shall
expire on the date on which it would have expired if that Article had not come
into force.
2. Every
member of the Youth Court panel shall, on appointment, take an oath to
discharge the duties attached to that office well and faithfully.
3. No
person shall remain on the Youth Court panel for longer than ten years and a
member of the panel shall retire on his sixtieth birthday.
4. The
Superior Number of the Royal Court may make such appointments to, or deletions
from, the Youth Court panel as it considers necessary.
5.-(1) If a member of the Youth Court (other
than the chairman) before which any proceedings take place absents himself, he
shall cease to to act further in those proceedings
and the Court shall be duly constituted to continue those proceedings while it
consists of the chairman and the other remaining member.
(2) Where the trial of any
matter is adjourned after the defendant has been convicted and before he is
sentenced or otherwise dealt with, the Youth Court which deals with him need
not be composed of the same members as that which convicted him; but where
among the members of the Court which sentences or deals with an offender there
are any who were not sitting when he was convicted, the Court shall before
sentencing or otherwise dealing with him, make such inquiry into the facts and
circumstances of the case as will enable the members who were not sitting when
the offender was convicted to be fully acquainted with those facts and
circumstances.
(3) For the purpose of
dealing with a remand of a defendant or the adjournment of any matter or an
application for bail, the Youth Court may be duly constituted by the chairman
sitting alone.
6.-(1) The decision of the Youth Court on any
matter shall be by a majority of the members and shall be pronounced by the
chairman, or another member at the request of the chairman, and no other member
of the court shall make a separate pronouncement thereon.
(2) Where the chairman and
one other member only attend and remain present during the sitting of the
court, the decision of the court shall, in the event of disagreement between
the chairman and that other member, be the decision of the chairman and shall
be pronounced by the chairman.
(3) Where during or after
the hearing and before the determination of a matter before the Youth Court it
appears to the chairman that there is, or is likely to be, a difference of
opinion between the members, he shall cause the deliberations of the court on
that matter to be conducted in private, and may if he thinks fit adjourn the
case for that purpose.
SECOND SCHEDULE
(Article 22(3))
Amendments of
the Children (Jersey) Law 1969
1. Article
1(1) shall be amended by deleting the definitions of “attendance centre”, “borstal
institution”, “default”, “impose imprisonment”,
“the Juvenile Court”, “the prison”, “the
statutory restrictions on imprisonment of young offender”, “the
young offender centre” and “young
offender centre order”.
2. Paragraphs
(3) and (4) of Article 1 shall be deleted.
3. Articles
11 to 26 inclusive and 38 to 41A inclusive are repealed.
4. In
Article 42(1) for the words “is charged with any offence or is for any
other reason” there shall be substituted the words “is in connexion with any proceedings under this Law”.
THIRD SCHEDULE
(Article 22(6))
Transitional
provisions
1. Where,
before the commencement of Part II –
(a) a sentence of borstal training had been imposed and not completed at that
commencement, the unexpired portion of the sentence
shall thereafter be carried out as though the sentence had been one of twelve
months’ youth detention;
(b) a sentence of
imprisonment (including a sentence of imprisonment for default) on a person
under the age of twenty-one, or of detention in the young offender centre, had been imposed and likewise not completed, the unexpired portion of the sentence shall thereafter be
carried out as though the sentence had been one of the same period of youth
detention.
2. Nothing
in paragraph 1 shall derogate from the power of the Prison Board to substitute
a sentence of imprisonment for one of youth detention under Article 25B of the
Prison (Jersey) Law 1957, in the circumstances set out therein.
3. Where,
immediately before the commencement of Part III any proceedings are pending before
the Juvenile Court or the Juvenile Appeal Court, those proceedings shall be
dealt with or otherwise completed in all respects as if this Law had not been
enacted.