CRIMINAL
JUSTICE (COMMUNITY SERVICE ORDERS) (JERSEY)
LAW 2001
____________
A LAW to enable certain offenders to be ordered
to perform community service, and for connected purposes, sanctioned by Order
of Her Majesty in Council of the
14th
day of FEBRUARY 2001
____________
(Registered
on the 2nd day of March 2001)
____________
STATES
OF JERSEY
____________
The 7th day of November 2000
____________
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law -
ARTICLE 1
Interpretation
(1) In this Law, unless the context otherwise requires -
“community service
order” shall be construed in accordance with Article 4;
“compensation order”
has the same meaning as in the Criminal Justice (Compensation Orders) (Jersey) Law 1994;
“designated person”
means a person designated pursuant to Article 10;
“offender” means a
person in respect of whom a community service order is or may be made;
“probation officer”
means a “délégué” appointed under Article 7(2) of the Loi (1937) sur
l’atténuation des peines et sur la mise en liberté surveillée and “Chief Probation Officer”
means the senior probation officer so appointed;
“probation
order” means an order under the Loi (1937) sur l’atténuation des peines et sur
la mise en liberté surveillée
made on the conditions described in Article 3 thereof;
“relevant
officer” means, in relation to a community service order, the person so
assigned pursuant to Article 3(7);
“Young Offenders Law”
means the Criminal Justice (Young Offenders) (Jersey)
Law 1994;
“Youth Court” has the
same meaning as in the Young Offenders Law;4
“youth detention” has
the same meaning as in the Young Offenders Law.
4
(2) A reference in this Law to an Article by
number only, and without further identification, is a reference to the Article
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) Unless the context otherwise requires, a
reference in this Law to an enactment is a reference to that enactment as
amended from time to time and includes a reference to that enactment as
extended or applied under another enactment, including another provision of
this Law.
ARTICLE 2
Power
to make community service order
(1) An order requiring a person to do community
service may be made only under and in accordance with this Law.
(2) Subject to this Law, a court may make a
community service order in respect of a person aged fifteen years or more who
is found guilty of an offence punishable with imprisonment, other than murder
or any other offence for which the sentence is fixed by law as imprisonment for
life.
(3) A community service order may be made only
where the court is considering passing a sentence of imprisonment or youth
detention.
ARTICLE 3
Making
of community service order
(1) A court considering making a community
service order shall obtain from a probation officer or a designated person and
consider a written or verbal report upon -
(a) the offender and his circumstances;
(b) the suitability and willingness of the offender to perform
community service; and
(c) the availability of community service.
(2) Before making a community service order,
the court shall be satisfied -
(a) that a probation officer or a designated person has explained to
the offender in plain language -
(i) the purpose and effect of the order and,
in particular, the obligations described in Article 5,
(ii) the power of the court under Article 6 to
review the order on the application of either the offender or the relevant
officer, and
(iii) the consequences which may follow under
Article 7, if he fails to comply with any of his obligations under the order,
or under Article 8, if he is convicted of a further offence while the order is
in force;
and
(b) that the offender has understood the explanation.
(3) A court shall not make a community service
order in respect of an offender unless -
(a) the court is satisfied that provision can be made for the
offender under the arrangements for persons to perform work under such orders;
and
(b) the court is satisfied, after considering the report described
in paragraph (1), that the offender is a suitable person and willing to perform
work under such an order.
(4) Where a community service order is made, it
shall be made instead of passing a sentence of imprisonment or youth detention.
(5) When making a community service order, the
court shall -
(a) state in the order the sentence of imprisonment or youth
detention which it was considering passing; and
(b) provide the offender and the Chief Probation Officer with a copy
of the order.
(6) Paragraph (4) shall not prevent a court
which makes a community service order from making any other order (other than
the imposition of a fine) which may be made on the conviction of the offender.
(7) Where a community service order is made,
the Chief Probation Officer shall assign a probation officer or a designated
person to be the relevant officer in relation to it.
ARTICLE 4
Community
service order
(1) A community service order requires the
person in respect of whom it is made to perform unpaid work in accordance with
this Law.
(2) The number of hours which a person may be
required to work under a community service order shall be specified in the order
and shall be in the aggregate not less than 40 and not more than -
(a) where the order is made by the Magistrate’s Court or the Youth
Court, 120 ; and
(b) where the order is made by the Royal Court, 240.
(3) Where a court makes community service
orders in respect of two or more offences, it may direct that the number of
hours of work specified in each order shall be concurrent with or additional to
those specified in any other of those orders, but so that the aggregate number
of hours which are not concurrent shall not exceed the maximum described in
paragraph (2).
(4) The States may by Regulations amend
paragraph (2)(a) and (b) so as to substitute the maximum number of hours for
the time being specified in those provisions.
ARTICLE 5
Obligations
of offender subject to community service order
(1) An offender in respect of whom a community service order is in
force shall -
(a) keep in touch with the relevant officer in accordance with such
instructions as he may from time to time be given by that officer and notify
the officer of any change of address; and
(b) perform, to the satisfaction of the relevant officer and for the
number of hours specified in the order, such work at such times as he may be
instructed by the relevant officer.
(2) Subject to Article 6(1), the work required
to be performed under a community service order shall be performed during the
period of 12 months beginning with the date of the order.
(3) Notwithstanding paragraph (2), a community
service order shall remain in force until the offender has worked under it for
the number of hours specified in it or until it is revoked.
(4) The instructions to be given by the
relevant officer under paragraph (1) shall, as far as practicable, be such as
to avoid any conflict with the offender’s religious beliefs and any
interference with the times, if any, at which he normally works or attends a
school or other educational establishment.
(5) While the community service order is in
force, the offender shall not leave the Island
without the prior written permission of the Chief Probation Officer.
(6) The power to make rules of court under the Royal Court (Jersey) Law 1948 shall include a power to make
rules for the purposes of this Law regulating the arrangements to be made for
persons subject to community service orders to perform work and the performance
of such work.
(7) Rules made pursuant to paragraph (6) may,
without prejudice to the generality of that paragraph, regulate the functions
of relevant officers.
(8) Rules made pursuant to paragraph (6) may in
particular make provision -
(a) limiting the number of hours of work to be done by a person on
any one day;
(b) as to the reckoning of hours worked and the keeping of work
records; and
(c) for the payment of travelling and other expenses in connection
with the performance of work.
ARTICLE 6
Variation
or revocation of community service order due to change in circumstances
(1) Where a community service order is in force
in respect of any offender and, on the application of the offender or the
relevant officer, it appears to the court which made the order that it would be
in the interests of justice to do so having regard to circumstances which have
arisen since the order was made the court may -
(a) extend the period described in Article 5(2);
(b) revoke the order; or
(c) revoke the order and deal with the offender for the offence in
respect of which the order was made, in any manner in which it could deal with
him if he had just been convicted by the court of the offence.
(2) Where a court proposes to exercise its
powers under paragraph (1) otherwise than on the application of the offender,
the offender shall be brought before the court by -
(a) in the case of an order made by the Royal Court, the Attorney General; or
(b) in the case of an order made by the Magistrate’s Court or Youth
Court, the Connétable who presented the offender before the court for the
offence.
(3) Where, in the case described in paragraph
(2), the offender does not appear before the court, the court may order his
arrest.
ARTICLE 7
Breach
of community service order
(1) If, at any time while a community service
order is in force, it appears on written information to, in the case of an
offender sentenced by the Royal Court, the Attorney General or, in the case of
an offender sentenced by the Magistrate’s Court or Youth Court, the Connétable
who presented the offender before the court for the offence, that the offender
has failed to comply with any obligation under Article 5, the Attorney General
may or the Connétable shall, as the case may be, present the offender before
the court which made the order.
(2) The Attorney General or Connétable may, if
he considers it necessary to ensure the offender’s appearance in court for the
purposes of this Article, request the Bailiff or the Magistrate, as the case
may be, to issue a warrant for the arrest of the offender.
(3)
Where the offender appears or is brought before the Magistrate’s Court or Youth
Court, that court may commit him to the Royal Court to determine whether there
has been the failure described in paragraph (4) and, if there has, to deal with
him in accordance with that paragraph.
(4) If it is proved to the satisfaction of the
court before which the offender appears or is brought or to which he is
committed that he has failed to comply with any obligation under Article 5, the
court may -
(a) continue the order, with or without variation and with or
without the imposition of a fine; or
(b) revoke the order and deal with the offence in respect of which
the order was made, in any manner in which he could have been dealt with for
that offence by the court which made the order.
ARTICLE 8
Powers
on further conviction
(1) Subject to paragraph (3), where an offender
in respect of whom a community service order is in force is convicted of a
further offence by or before any court, he may be dealt with by that court in
respect of the community service order in accordance with paragraph (5).
(2) Where an offender in respect of whom a
community service order made by the Magistrate’s Court or Youth Court is in
force is convicted by that court of a further offence and committed to the
Royal Court to receive sentence, he may also be committed to the Royal Court to
be dealt with by the Royal Court in respect of the community service order in
accordance with paragraph (5).
(3) Where an offender in respect of whom a
community service order made by the Royal Court is in force is convicted of a
further offence by the Magistrate’s Court or Youth Court, that court shall
commit him to the Royal Court to be dealt with by the Royal Court in respect of
the community service order in accordance with paragraph (5).
(4) The Magistrate’s Court or Youth Court, when
committing an offender to the Royal Court under paragraph (3), may also commit
him to the Royal Court to receive sentence for the further offence,
notwithstanding that it is not of the opinion that there should be imposed for
the further offence a penalty or penalties in excess of those which it is
empowered to impose.
(5) The court before which the offender appears
or is brought or to which he is committed may -
(a) revoke the order;
(b) continue the order with or without variation and with or without
the imposition of a fine; or
(c) revoke the order and deal with the offence in respect of which
the order was made -
(i) in the case of the Magistrate’s Court or
Youth Court, in any manner in which the offender could have been dealt with by
that court for that offence, or
(ii) in the case of the Royal Court, in any manner in which the
offender could have been dealt with for that offence by the court which made
the order.
ARTICLE 9
Supplemental
provisions
(1) An order under Article 6(3) or a warrant
issued under Article 7(2) may be executed by a member of the States of Jersey
Police Force, a member of the Honorary Police or the Viscount, and the person
executing a warrant shall, as soon as is reasonably practicable, bring the
offender before the court by which the order was made or for which the warrant
was issued.
(2) The variations which may be made under
Article 7(4)(a) or Article 8(5)(b) include, subject to Article 4(2), an
increase or decrease in the number of hours for which the offender is required
to work.
(3) A fine imposed under Article 7(4)(a) or
Article 8(5)(b) shall be deemed for the purpose of any enactment, to be a sum
adjudged to be paid on a conviction.
(4) In dealing with an offence under Article
6(1)(c), Article 7(4)(b) or Article 8(5)(c), a court shall take into
account the sentence stated in the community service order pursuant to Article
3(5).
(5) In the case of an offender subject to both a community service
order and a probation order in respect of an offence, a court, when exercising
its powers under Article 6(1), Article 7(4) or Article 8(5) in relation to the
community service order, may also exercise the powers conferred by Article 5(3)
of the Loi (1937) sur l’atténuation des peines et sur la mise en liberté
surveillée in relation to the probation
order.
(6) A community service order made by the Court
of Appeal or by the Superior Number of the Royal Court on any appeal shall have
the like effect and be enforced in the like manner as if it had been made by
the court from which the appeal lies and any reference in this Law to the court
which made the order shall be construed accordingly.
ARTICLE 10
Designated
persons
The
Chief Probation Officer may designate such persons, other than probation
officers, as he thinks are fit to prepare reports, give explanations and act as
relevant officers for the purposes of this Law.
ARTICLE 11
Amendments to other enactments
(1) The Loi (1937) sur l’atténuation des peines et sur la mise en
liberté surveillée shall be amended -
(a) in Article 2 by adding, after paragraph (1)
the following paragraph -
“(2) Nonobstant l’alinéa (1) de cet Article, en
cas d’une condamnation par la Cour en vertu de l’Article 2 de la Loi intitulée
‘Criminal Justice (Community Service Orders) (Jersey) Law 2001’, la Cour pourra
prononcer aussi la mise en liberté surveillée de l’inculpé en vertu dudit
alinéa et de l’Article 3 de la présente Loi.”; and
(b) in
Article 5 -
(i) in
paragraph (1), by substituting for the words beginning “il en informera” to the
end of the paragraph the words “il en informera par écrit (donnant en même
temps par écrit ses raisons pour tel ré-examen) le Procureur-Général de la
Reine, en cas d’un inculpé dont la mise en liberté surveillée à été prononcé
par la Cour Royale, ou le Connétable, en cas d’un inculpé dont la mise en
liberté surveillée à été prononcée par une autre cour, et le Procureur-Général
de la Reine pourra ou le Connétable devra, selon le cas, présenter ledit
inculpé devant la cour qui a prononcée sa mise en liberté surveillée afin qu’il
soit statué sur les faits consignés dans ladite information.”,
(ii) by inserting after paragraph (3) the
following paragraph -
“(3A)
En cas d’un inculpé prévu à l’alinéa (2) de l’Article 2 de la présente Loi,
lorsque la Cour exerce ses pouvoirs en vertu de l’alinéa (3) de cet Article,
elle pourra aussi exercer ses pouvoirs en vertu de l’alinéa (1) de l’Article 6
ou de l’alinéa (4) de l’Article 7 ou de l’alinéa (5) de l’Article 8 de la Loi
intitulée ‘Criminal Justice (Community Service Orders (Jersey) Law 2001’, selon
le cas.”, and
(iii) in
paragraph (5), by substituting for the words beginning “de la Paroisse” to the
end of the paragraph the words “qui a présenté l’inculpé devant la Cour pour le
crime, délit, infraction ou contravention”.
(2) The
Magistrate’s Court (Miscellaneous Provisions) (Jersey)
Law 1949 shall be amended -
(a) in Article 13, by inserting after the
definition of “appeal aid certificate” the following definition -
“ ‘community service order’ means an
order made under the Criminal Justice (Community Service Orders) (Jersey) Law 2001;”;
(b) in Article 14 -
(i) in paragraph (2), by inserting after the
words “probation order” the words “or community service order”, and
(ii) in paragraph (3), by inserting after
sub-paragraph (a) the following sub-paragraph -
“(aa)
a community service order;”.
(3) The Court of Appeal (Jersey)
Law 1961 shall be amended -
(a) in Article 24, in the proviso to paragraph (c),
by substituting for the words beginning “was convicted and sentenced” and
ending “the sentence passed on his conviction,” the words -
“was -
(i) convicted and sentenced by the Inferior
Number of the Royal Court,
or
(ii) sentenced by that court in pursuance of
powers conferred by any enactment mentioned in Article 24A,
and his appeal is
solely against sentence,”;
(b) by substituting for Article 24A the following Article -
“ARTICLE 24A
Right
of appeal in cases where there has not been a conviction on indictment
(1) Where,
in pursuance of paragraph (1) of Article 1 of the Criminal Justice
(Probation Orders) (Jersey) Law 1986 or paragraph (3) of Article 7 of the
Criminal Justice (Community Service Orders) (Jersey) Law 2001, a person has
been dealt with by the Royal Court, he may appeal under this Part of this Law
to the Court of Appeal notwithstanding that he is not a person convicted on
indictment by the Royal Court.
(2) Where, in pursuance of any of the
provisions mentioned in paragraph (1) or Article 8(2) or (4) of the Criminal
Justice (Community Service Orders) (Jersey) Law 2001, a person has been
sentenced by the Royal Court, he may appeal against the sentence under this
Part of this Law to the Court of Appeal notwithstanding that he is not a person
convicted on indictment.”.
(4) The Criminal Justice (Young Offenders) (Jersey)
Law 1994 shall be amended -
(a) in Article 1(1), by inserting after the
definition “attendance centre order” the following definition -
“
‘community service order’ means an order made under the Criminal Justice
(Community Service Orders) (Jersey) Law 2001;”
and
(b) in Article 14(2), by inserting after the words
“probation order”, in each place where they appear, the words “or community
service order”.
ARTICLE 12
Regulations
(1) The States may by Regulations make
provision for the transfer of community service orders to other places in the British Islands and for the receipt of community
service orders transferred from other places in the British Islands.
(2) Regulations made under paragraph (1) may make such
consequential, incidental, transitional and supplementary provision as the
States consider appropriate.
ARTICLE 13
Citation
and commencement
This Law may be cited as the
Criminal Justice (Community Service Orders) (Jersey)
Law 2001 and shall come into force on such day as the States may by Act
appoint.
C.M.
NEWCOMBE
Greffier of the
States.