Criminal Justice
(Miscellaneous Provisions) (No. 3) (Jersey)
Law 2012
A LAW to amend the Loi (1895)
modifiant le droit criminel, the Protection of Children (Jersey) Law 1994,
the Criminal Justice (Evidence and Procedure) (Jersey) Law 1998 and the Police
Procedures and Criminal Evidence (Jersey) Law 2003; and for other purposes
Adopted by the
States 17th January 2012
Sanctioned by
Order of Her Majesty in Council 14th March 2012
Registered by the
Royal Court 23rd
March 2012
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Amendment
of Loi (1895) modifiant le droit criminel
(1) The
second paragraph of Article 2 of the Loi (1895) modifiant le droit criminel[1] is repealed.
(2) Article 3
of that Law is repealed.
(3) The
repeal of Article 3 of that Law by paragraph (2) shall not have
effect in relation to any trial that began before that paragraph came into
force.
2 Amendment
of Protection of Children (Jersey) Law 1994
After Article 2 of the Protection of Children (Jersey) Law 1994[2] the following Article shall
be inserted –
In proceedings under this Law
relating to any indecent photograph of a child a person is to be taken as
having been a child at any material time if it appears from the evidence as a
whole that he or she was then under the age of 16 years.”.
3 Amendment
of Criminal Justice (Evidence and Procedure) (Jersey) Law 1998
(1) In
the long title to the Criminal Justice (Evidence and Procedure) (Jersey) Law 1998[3] for the words “and for
connected purposes” the words “and for other purposes” shall
be substituted.
(2) In
Part 6 of that Law before Article 15 the following
Articles shall be inserted –
“14A Evidence
through television links
(1) A witness other than the accused may, with
the leave of the court, give evidence through a live television link in any
proceedings for an offence, or in any proceedings on an appeal arising from
such proceedings, if the witness is outside Jersey.
(2) A statement made on oath by a witness
outside Jersey and given in evidence through a link by virtue of this Article
shall be treated for the purposes of the law relating to perjury as having been
made in the proceedings in which it is given in evidence.
14B Abolition
of requirement for warning about uncorroborated evidence
(1) Any requirement that the Bailiff, in a trial
before the Royal Court for an offence, give, merely for the reason set out in paragraph (2),
a warning to the jury or the Jurats about convicting the accused on the
uncorroborated evidence of a person is hereby abrogated.
(2) The reason is that the person
is –
(a) an alleged accomplice of the accused;
(b) a child; or
(c) in a case where the offence charged is a sexual
offence, the person in respect of whom the accused is alleged to have committed
the offence.
(3) Any requirement that –
(a) is applicable at the trial of a person
before the Magistrate; and
(b) corresponds to the requirement mentioned in paragraph (1),
is hereby abrogated.
(4) An abrogation by paragraph (1) or (3)
shall not have effect in relation to –
(a) any trial before the Royal Court or the
Magistrate; or
(b) any proceedings before the Magistrate under Article 19
of the Loi (1864) réglant la procédure criminelle[4],
being a trial or proceedings
that began before this Article came into force.”.
4 Amendment
of Police Procedures and Criminal Evidence (Jersey) Law 2003
Article 98 of the Police Procedures and Criminal Evidence
(Jersey) Law 2003[5] is repealed.
5 Citation
and commencement
(1) This
Law may be cited as the Criminal Justice (Miscellaneous Provisions) (No. 3)
(Jersey) Law 2012.
(2) This
Law shall come into force on the seventh day after registration.
l.-m. hart
Assistant Greffier of the States