Jersey Law 7/1994
PRISON (AMENDMENT
No. 3) (JERSEY) LAW 1994
____________
A LAW to amend further the Prison (Jersey) Law 1957, 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 –
ARTICLE 1
For paragraph (1)
of Article 1 of the Prison (Jersey) Law 1957, as amended (hereinafter called “the
principal Law”), there shall be substituted the following paragraphs
–
“(1) In
this Law, unless the context otherwise requires –
‘attendance
centre’ means a centre
provided under sub-paragraph (b) of paragraph (1) of Article 25A of this Law;
‘attendance
centre order’ has the meaning given by
paragraph (1) of Article 1 of the Criminal Justice (Young Offenders) (Jersey)
Law 1994;
‘prison’
or ‘the prison’ means the States of Jersey Prison at La Moye and any other prison which may be built and any young
offender institution;
‘prisoner’
includes a person sentenced to youth detention;
‘young
offender institution’ means an institution provided under sub-paragraph
(a) of paragraph (1) of Article 25A of this Law; and
‘youth
detention’ has the meaning given by paragraph (1) of Article 1 of the
Criminal Justice (Young Offenders) (Jersey) Law 1994.
(1A) A reference in
this Law to a sum adjudged to be paid by a conviction includes a sum payable
under a compensation order made under paragraph (1) of Article 2 of the
Criminal Justice (Compensation Orders) (Jersey) Law 1994.
(1B) A reference
in this Law to an enactment, including an enactment of the United Kingdom, is a
reference to that enactment as amended from time to time, and includes a
reference to that enactment as applied or extended by or under any other
enactment, including any other provision of that enactment.”.
ARTICLE 2
Article 15 of the
principal Law shall be repealed.
ARTICLE 3
After paragraph
(2) of Article 21 of the principal Law there shall be inserted the
following paragraph –
“(3) Paragraph
(2) of this Article does not apply to a young offender institution established
under Article 25A of this Law.”.
ARTICLE 4
In Article 22B of
the principal Law for the words “a crime and
liable to imprisonment for a term not exceeding two years” there shall be
substituted the words “an offence and liable to a fine or to imprisonment
for a term not exceeding two years, or both”.
ARTICLE 5
In Article 23 of
the principal Law for the words from “liable
to” to the end of the Article there shall be substituted the words
“guilty of an offence and liable to a fine not exceeding five hundred
pounds or to imprisonment for a term not exceeding six months, or both”.
ARTICLE 6
In Article 24 of
the principal Law for the words “one
hundred” there shall be substituted the words “five hundred”.
ARTICLE 7
For Article 25A
of the principal Law9 there shall be substituted the
following Article –
“ARTICLE 25A
Power to provide young offender institutions and attendance centres
(1) The
Prison Board may provide –
(a) young offender
institutions where offenders aged not less than fifteen but under twenty-one,
sentenced to a term of youth detention may be detained in conditions suitable
to persons of their ages and descriptions;
(b) attendance centres where male persons aged not less than ten but under
twenty-one may be ordered to attend in pursuance of an attendance centre order, and there be given appropriate occupation or
instruction under supervision.
(2) For
the purposes 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 8
For Article 25B
of the principal Law there shall be substituted the
following Article –
“ARTICLE 25B
Transfer from young offender institution to Prison
Where an offender
has been sentenced to a term of youth detention and either –
(a) he has attained the age
of twenty-one; or
(b) he has been reported to
the Prison Board by the Board of Visitors as exercising a bad influence on the
other persons detained in the young offender institution, or as behaving in a
disruptive manner to the detriment of those other persons,
the Prison Board
may substitute for the unexpired part of the term of
his sentence a term of imprisonment not exceeding the unexpired
part, and for the purposes of this Law that person shall then be treated as
though he had been sentenced to imprisonment for that term.”.
ARTICLE 9
Articles 25C and
25D of the principal Law shall be repealed.
ARTICLE 10
The provisions of
the principal Law set out in the first column of the Schedule to this Law shall
be amended in the manner set out opposite thereto in the second column.
ARTICLE 11
This Law may be cited as the Prison (Amendment No. 3) (Jersey) Law
1994 and shall come into force on such day as the States may by Act appoint.
G.H.C. COPPOCK
Greffier of the States.
SCHEDULE
(Article 10)
Minor amendments
|
Provision
in principal Law
|
Amendment
|
|
Article
7(2)
|
Substitute “Medical Practitioners Registration (Jersey)
Law 1960”
for “‘Loi (1939) sur
l’exercise de la médicine
et la chirurgie dans cette Ile’”.
|
|
Article
18(2)
|
Delete
“, as amended,”.
|
|
Article
19(1)14
|
(a)
|
Insert “or youth detention” after “sentence of
imprisonment”; and
|
|
|
(b)
|
Insert “or a young offender institution” after
“from prison”.
|
|
Article
19(7)
|
(a)
|
Insert “or a young offender institution” after
“to prison”; and
|
|
|
(b)
|
Insert “or youth detention” after “imprisonment”
in both places where it occurs.
|
|
Article
22
|
Substitute “an offence” for “a crime”.
|
|
Article
22A16
|
Substitute “an offence” for “a crime”.
|
|
Article
22C(1)
|
Substitute “an offence” for “a crime”.
|
|
Article
22C(2)
|
Substitute “custody for life, youth custody, detention in
a detention centre or young offenders institution
or detention under any equivalent sentence passed by a court in the British
Islands outside the Island” for “borstal
training or detention in a detention centre”.
|
|
Article
26(1)
|
Delete “, the young offenders’ centre”.
|
|
Article
26(3)
|
for paragraph (3) substitute the following paragraph –
|
|
|
“(3) Rules made under this Article shall provide for the
treatment of prisoners awaiting transfer under section 26, 27 or 28 of the
Criminal Justice Act 1961 of the United Kingdom.”.
|
|
Article
26(4)20
|
(a)
|
Insert “or sentenced to youth detention” after
“a person imprisoned”; and
|
|
|
(b)
|
Substitute “a” for “him on his”.
|
|
Article
26(5)20
|
Delete “or the young offenders’ centre”.
|
|
Article
27(1) and (2)20
|
Substitute “youth detention” for “Borstal training”.
|
|
Article
27(3)20
|
Insert “or youth detention” after
“imprisonment”.
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