Sex Offenders
(Amendment) (Jersey) Law 2012
A LAW to amend the Sex Offenders
(Jersey) Law 2010
Adopted by the
States 9th June 2011
Sanctioned by
Order of Her Majesty in Council 30th May 2012
Registered by the
Royal Court 15th
June 2012
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, the “principal Law” means the Sex Offenders
(Jersey) Law 2010[1].
2 Article 2
amended
For Article 2(1)(c) of the principal Law the following sub-paragraph
shall be substituted –
“(c) except as provided by the
Sexual Offences (Jersey) Law 2007[2] and paragraph (3), the crime of sodomie;”.
3 Article 5
amended
For Article 5(4), (5) and (6) of the principal Law the
following paragraphs shall be substituted –
“(4) Unless the court is satisfied
that there is a reason why a shorter period would be appropriate, the period
specified under paragraph (1), (2) or (3) must be a period of at least
5 years, being a period that the court is satisfied takes into account the
risk of sexual harm to the public, or to any particular person or persons, that
the person subject to the notification requirements of this Law poses by virtue
of the likelihood of re-offending.
(5) The court may, on application, make an order
in respect of a person (not being a person to whom Article 3(2) applies,
but being a person who is subject to the notification requirements of this Law),
at any time after the expiration of the period specified in respect of the
person under paragraph (1), (2), (3) or (7), being an order to the effect that
the person should no longer be subject to those requirements.
(5A) An application under paragraph (5) may be made by
the person concerned or by the Attorney General.
(6) The court must not make the order applied
for under paragraph (5) unless it is satisfied that the risk of sexual
harm to the public, or to any particular person or persons, that the person
subject to the notification requirements of this Law poses by virtue of the
likelihood of re-offending does not justify the person’s being subject to
those requirements.”.
4 Article 7
amended
For Article 7(9) of the principal Law the following paragraph
shall be substituted –
“(9) This Article does not affect
a power to supply information, being a power that exists apart from this
Article.”.
5 Article 8
amended
In Article 8 of the principal Law –
(a) for
paragraph (3) the following paragraph shall be substituted –
“(3) A notification under this
paragraph must disclose such information as the Order prescribes, and such
information may include the following –
(a) the place, or places, to which the person
travelled while outside Jersey;
(b) any other information prescribed by the
Order that the person holds about the person’s movements while outside
Jersey or about the person’s return to Jersey.”;
(b) for
paragraph (5) the following paragraph shall be substituted –
(a) fails, without reasonable excuse, to give
notification in accordance with an Order under paragraph (1) when required
to do so by the Order; or
(b) in purported compliance with an Order under paragraph (1),
provides information that the person knows to be false or misleading,
is guilty of an offence and
is liable to imprisonment for a term of 5 years and to a fine.”.
6 Article 9
amended
For Article 9(7) of the principal Law the following paragraph
shall be substituted –
“(7) A person who intentionally
obstructs or hinders a police officer in the execution of a warrant under this
Article is guilty of an offence and is liable to imprisonment for a term of one
year and to a fine of level 4 on the standard scale.”.
7 Article 10
amended
For Article 10(10) of the principal Law the following paragraph
shall be substituted –
“(10) Unless the court is satisfied that there
is a reason why a shorter period would be appropriate, the first period
mentioned in paragraph (9) in respect of an order made under paragraph (4)
must be a period of at least 5 years.”.
8 Article 27
amended
For Article 27(5) of the principal Law the following paragraph
shall be substituted –
“(5) This Article does not affect
a power to supply information, being a power that exists apart from this
Article.”.
9 Article 28
amended
In Article 28(1) of the principal Law, in the definition of
“interested parties”, for the word “outwith” the word
“outside” shall be substituted.
10 Citation
and commencement
This Law may be cited as the Sex Offenders (Amendment) (Jersey) Law 2012
and shall come into force 7 days after it is registered.
a.h. harris
Deputy Greffier of the States