Sex Offenders
(Jersey) Law 2010
A LAW to require the notification of
information to the police by persons who have committed certain sexual offences
or sexually aggravated offences, to provide for the imposition of restraining
orders on sexual offenders, to provide for the imposition of orders on certain
people to protect children, to provide for the imposition of travel orders on
certain people to protect children outside Jersey, to provide for the
establishment of arrangements to deal with sexual offenders, and for incidental
and connected purposes.
Adopted by the
States 8th October 2009
Sanctioned by
Order of Her Majesty in Council 21st July 2010
Registered by the
Royal Court 13th
August 2010
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
part 1
interpretation
1 Interpretation
(1) In
this Law, unless the context requires otherwise –
“authorized officer”
means –
(a) a
police officer; or
(b) a
States’ employee within the meaning of the Employment of States of Jersey
Employees (Jersey) Law 2005[1],
authorized for the purposes of this Law by the Chief Police Officer;
“Chief Police Officer” means the Chief Officer of the States of Jersey Police
Force;
“child” means a
person who has not attained the age of 18 years;
“home address”, in
relation to a person who is subject to the notification requirements of this
Law, means –
(a) the
address of the person’s sole or main residence in Jersey; or
(b) where
the person has no such residence, the address or location of a place in Jersey
where the person can be found and, if there is more than one such place, such
one of those places as the person may select,
and may, in either case, be a vehicle or vessel;
“Magistrate’s Court” includes the Youth Court;
“Minister” means the Minister for Home Affairs;
“relevant offence”
means –
(a) a
sexual offence to which this Law applies; or
(b) an
act by a person ordinarily resident in Jersey done outside Jersey that is an
offence in Jersey by virtue of Article 17;
“sexual activity” means an activity that a reasonable
person would, in all the circumstances but regardless of any person’s
purpose, consider to be sexual;
“sexual harm” means
physical harm, psychological harm or both caused by sexual activity;
“sexual offence to which this Law applies” means an
offence to which this Law applies by virtue of Article 2;
“youth detention”
means a sentence of detention in a young offender institution imposed by virtue
of Article 4(1) of the Criminal Justice (Young Offenders) (Jersey)
Law 1994[2].
(2) For
the purposes of this Law a person is to be taken to have been convicted of an
offence if the person –
(a) was
found guilty of committing the offence;
(b) was
found not guilty of committing the offence solely by reason of the
person’s insanity or infirmity of mind; or
(c) was
found to be unfit to be tried for the offence but a court has determined that
the person did the act alleged,
and “conviction” and “convicted” are to be
construed accordingly.
(3) A
reference in this Law to an offence includes a reference –
(a) to an attempt, conspiracy or incitement to
commit the offence; and
(b) to aiding and abetting, counselling or
procuring the commission of the offence.
(4) An act punishable under the law in force in
a jurisdiction outside Jersey constitutes an offence under that law for the
purposes of this Law however it is described by the law of the jurisdiction.
(5) The States may amend this Article by
Regulations.
2 Sexual
offences to which this Law applies
(1) This
Law applies to –
(a) the customary law offences of rape, incest,
indecent assault, and indecent exposure;
(b) except as provided by paragraph (2),
the customary law offences of gross indecency;
(c) except as provided by the Sexual Offences
(Jersey) Law 2007[3] and paragraph (3), the customary law offences of the crime of sodomie;
(d) an offence under Article 1.1 (procuring
a woman by threats), 1.2 (procuring a woman by false pretences), 1.3
(administering drugs for the purposes of unlawful sexual intercourse); Article 2
(sexual intercourse with a girl aged under 13 years), Article 4.1
(sexual intercourse with a girl aged over 13 years but under
16 years), 4.2 (sexual intercourse with a mentally deranged or retarded
person) or Article 5 (permitting girls aged under 16 years to
frequent premises for unlawful sexual intercourse) of the Loi
(1895) modifiant le droit criminel[4];
(e) an offence under Articles 2 (meeting a child following sexual
grooming, etc.), 3 (abuse of position of trust:
sexual activity with a child), 4 (abuse of position of trust:
causing or inciting a child to engage in sexual activity), 5 (abuse of position of trust: sexual activity in the presence of a child) or 6 (abuse of position of trust: causing a child to watch a sexual
act) of the Sexual Offences (Jersey) Law 2007;
(f) an offence under Article 38(2)(a)
or (b) (having or procuring unlawful sexual intercourse with a mental patient)
of the Mental Health (Jersey) Law 1969[5];
(g) an offence under Article 2 (taking,
possessing or distributing indecent photographs, etc. of children) of the Protection of Children (Jersey) Law 1994[6];
(h) an offence under Article 61 of the Customs and Excise (Jersey) Law 1999[7] in so far as the offence relates to goods prohibited to be imported
under paragraph 2 of the Customs and Excise (Import and Export Control)
(Jersey) Order 2006[8] that are indecent photographs of persons who are or appear to be aged under
16 years; and
(i) an offence under Article 11(14)
(breach of child protection order, interim child protection order or prescribed
order) of this Law.
(2) The customary law offences of gross
indecency is not an offence to which this Law applies if –
(a) it is committed between consenting persons
who have attained the age of 16 years; and
(b) it is committed in the presence of no other
persons or in the presence of persons all of whom have attained the age of
16 years.
(3) Where an act of sodomie
constitutes the crime of sodomie and –
(a) the act is committed between consenting
persons who have attained the age of 16 years; and
(b) the act takes place in public or in a
lavatory to which the public have, or are permitted to have, access, whether on
payment or otherwise,
the offence is not an
offence to which this Law applies if the act of sodomie
takes place in the presence of no other persons or in the presence of persons
all of whom have attained the age of 16 years.
(4) The States may amend this Article by
Regulations.
part
2
notification
3 Persons
who are subject to notification requirements of this Law
(1) A
person who, in Jersey, is convicted of a relevant offence becomes subject to
the notification requirements of this Law upon conviction.
(2) A
person who, in a prescribed jurisdiction, is subject to prescribed notification
requirements and who enters Jersey –
(a) becomes
subject to the notification requirements of this Law upon entering Jersey; and
(b) remains
subject to those requirements during the continuance of the prescribed
notification requirements.
(3) In
paragraph (2) –
“prescribed notification requirements” means
notification requirements imposed under the law of a prescribed jurisdiction,
being notification requirements of a type prescribed by the Minister by Order
that are substantially the same as the notification requirements under this Law;
“prescribed jurisdiction” means a jurisdiction in the
British Islands, other than Jersey, prescribed by the Minister by Order.
(4) If,
when sentencing or otherwise dealing with a person in respect of an offence, a
court certifies that the offence was sexually aggravated, the offender
thereupon becomes subject to the notification requirements of this Law.
(5) A
court must not certify that an offence was sexually aggravated unless it is
satisfied, on the information available to it –
(a) that
the offence was sexually motivated; or
(b) that
at, before or after the time of committing the offence the offender’s
actions included a sexual element directly connected with the commission of the
offence,
and the court is also satisfied that the offender poses a risk of
sexual harm to the public or any particular person or persons.
(6) A
person in respect of whom a court makes an order under Article 10 (a
restraining order) who was not a person subject to the notification
requirements of this Law immediately before the making of the order becomes
subject to the notification requirements of this Law upon the order being made.
(7) A
person in respect of whom a court makes an order under Article 13(2) (in
respect of a sexual offence committed before the commencement of the Article)
or 15(2) (in respect of an offence committed outside Jersey) becomes subject to
the notification requirements of this Law upon the order being made.
(8) A
person in respect of whom the Royal Court certifies an offence under
Article 14(1) or 16(1) becomes subject to the notification requirements of
this Law upon the certification.
(9) A
person ceases to be (or as the case may be, does not become) subject to the
notification requirements of this Law –
(a) if
the conviction or, as the case may be, the relevant order or action of the
court is quashed or reversed on appeal;
(b) in
accordance with an order made under Article 4 or 5; or
(c) where
the person is a person to whom paragraph (6) applies, when the order made
under Article 10 (as renewed from time to time) ceases to have effect.
4 Court
may exempt person from notification requirements
(1) This
Article applies –
(a) where
a person has been convicted of an offence under Article 4.1 of the Loi
(1895) modifiant le droit criminel (sexual intercourse
with a girl aged over 13 years but under 16 years);and at the time of
the offence the convicted person had not attained the age of 20 years; or
(b) where
a person has been convicted of the customary law offence of indecent exposure,
gross indecency or the crime of sodomie.
(2) A
court may, when sentencing or otherwise dealing with the person, order that the
person shall not become subject to the notification requirements of this Law.
5 Application period
(1) Except
as provided by paragraph (2), a court that convicts a person of a relevant
offence must, unless it intends to make an order under Article 4 (certain
exceptions), before sentencing the person specify a period that must expire
before an application under paragraph (5) may be made.
(2) Where
the Magistrate’s Court convicts a person of a relevant offence and
remands the person to the Royal Court for sentence, the Royal Court must,
unless it intends to make an order under Article 4, before sentencing the
person specify a period that must expire before an application under
paragraph (5) may be made.
(3) Where
a court –
(a) certifies
under Article 3(4), 14(1) or 16(1) that an offence was sexually
aggravated;
(b) makes
an order under Article 13(2) (in respect of an offence committed before
the commencement of the Article); or
(c) makes
an order under Article 15(2) or 15(3) (in respect of an offence committed
outside Jersey),
the court must, at that time, specify a period that must expire
before an application under paragraph (5) may be made.
(4) Unless
the court is satisfied that there is an exceptional 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 –
(a) the
likelihood of the person re-offending; and
(b) the
seriousness of the offence committed by the person.
(5) A
person (not being a person to whom Article 3(2) applies) who is subject to
the notification requirements of this Law may, at any time after the expiration
of the period specified in respect of the person under paragraph (1), (2),
(3) or (7), apply to the court for an order that he or she should no longer be
subject to those requirements.
(6) The
court must not make the order applied for under paragraph (5) unless it is
satisfied that the applicant no longer poses a risk of sexual harm to the
public or any particular person or persons.
(7) If
the court refuses to make the order applied for under paragraph (5) it
must make an order specifying a further period before another application may
be applied for under that paragraph.
6 The
notification requirements
(1) This
Article applies to a person who becomes subject to the notification
requirements of this Law.
(2) The
person must notify an authorized officer of –
(a) each
name the person uses; and
(b) the
person’s home address.
(3) The
notification must be given –
(a) in
the case of a person to whom Article 3(1) applies, on the day of the
conviction;
(b) in
the case of a person to whom Article 3(2) applies, before the end of the
day following the day the person enters Jersey;
(c) in
the case of a person to whom Article 3(4) applies, on the day on which the
court certifies that the offence was a sexually aggravated offence;
(d) in
the case of a person to whom Article 3(6) applies, on the day on which the
court makes the order under Article 10;
(e) in
the case of a person to whom Article 3(7) applies, on the day on which the
court makes the order under Article 13(2) or 15(2);
(f) in
the case of a person to whom Article 3(8) applies, on the day on which the
court certifies an offence under Article 14(1) or 16(1) to have been
sexually aggravated;
(g) in
the case of a person to whom paragraph (10) applies –
(i) if an authorized
officer attends, to receive the notification, the place where the person is
detained or is in hospital, at the time the authorized officer so attends, or
(ii) if an authorized
officer does not so attend, on the day the person ceases to be detained or
leaves hospital,
and on each anniversary of that day.
(4) The
person must also notify an authorized officer if the person uses a name that
has not been notified to an authorized officer under this Article.
(5) The
notification must be given within 24 hours of the person’s first use
of the name.
(6) The
person must also notify an authorized officer of any change in the
person’s home address.
(7) The
notification must be given –
(a) if
the person has prior knowledge of the change, at least 24 hours before the
change, if this is possible; or
(b) in
any other case, as soon as reasonably practicable but, in any event, within the
24 hours after the change.
(8) There
is to be disregarded when determining the period mentioned in
paragraph (5) or (7) any time during which the person –
(a) is
in custody on remand;
(b) is
serving a sentence of imprisonment or youth detention;
(c) is
in hospital; or
(d) is
outside Jersey.
(9) The
court before which a person has been convicted of a relevant offence may order
that the person be detained following the conviction until notification under
paragraph (2) has been given to an authorized officer.
(10) Despite
sub-paragraphs (a) to (f) of paragraph (3), if a person to whom this
Article applies is, on a day notification is required to be given under any of
those sub-paragraphs –
(a) in
custody on remand;
(b) serving
a sentence of imprisonment or youth detention; or
(c) in
a hospital,
the person must instead give notification under
paragraph (3)(g).
(11) If a
person, required to give notification on an anniversary mentioned in
paragraph (3), is on that day –
(a) in
custody on remand;
(b) serving
a sentence of imprisonment or youth detention;
(c) in
hospital; or
(d) outside
Jersey,
the person must instead give notification on the day the person
ceases to be detained, leaves hospital or returns to Jersey, as the case may
be.
(12) Except
as provided by paragraph (3)(g)(i), a person must give notification under
this Article to an authorized officer by attendance at the place designated by
the Chief Police Officer.
(13) An
authorized officer must give a written acknowledgement of notification given
under this Article.
(14) A person
who –
(a) fails,
without reasonable excuse, to comply with paragraph (3), (4), (6) or (11);
or
(b) in
purported compliance with any of those paragraphs, provides information that
the person knows to be false or misleading,
is guilty of an offence and liable to imprisonment for a term of
5 years and to a fine.
7 Additional
requirements
(1) A
person giving notification under Article 6 must, if requested to do so by an
authorized officer, allow the officer to take the fingerprints and a photograph
of the person and a non-intimate sample.
(2) A
fingerprint taken under paragraph (1) may be used –
(a) to
verify the identity of the person giving the notification; and
(b) to
check the fingerprint against any other fingerprint to which the police have
access to investigate crime.
(3) A
non-intimate sample taken under paragraph (1) may be used –
(a) to
verify the identity of the person giving the notification; and
(b) to
check the DNA profile of the sample against any other DNA profile to which the
police have access to investigate crime.
(4) A
person giving notification under Article 6 must also, if requested to do
so by an authorized officer, provide documentary evidence of the person’s
identity.
(5) An
authorized officer may submit documentary evidence supplied under
paragraph (4) to a States’ employee for verification by the records
of the administration of the States in which the States’ employee is
working.
(6) The
States’ employee may supply an authorized officer with the verification
requested.
(7) Except
as provided by paragraph (8), the supply of information under this Article
is not to be taken to breach any restriction on the disclosure of information
(however arising or imposed).
(8) This
Article does not authorize the doing of anything that contravenes the Data
Protection (Jersey) Law 2005[9].
(9) This
Article does not affect a power to supply information that exists apart from
this Article.
(10) A person
who –
(a) fails,
without reasonable excuse, to comply with paragraph (1) or (4);
(b) in
purported compliance with paragraph (4), supplies documentary evidence the
person knows to be false or misleading; or
(c) hinders
or obstructs an authorized officer acting under paragraph (1) or (4),
is guilty of an offence and is liable to imprisonment for a term of
5 years and to a fine.
(11) Words
and expressions used in this Article and defined in –
(a) the
Police Procedures and Criminal Evidence
(Jersey) Law 2003[10]; or
(b) the Employment
of States of Jersey Employees (Jersey) Law 2005[11],
have the same meanings in this
Article as they have in those Laws.
8 Notification
requirements: travel outside Jersey
(1) The
Minister may, by Order, make provision requiring persons who are subject to the
notification requirements of this Law and who leave Jersey –
(a) to
give in accordance with the Order, before they leave, a notification under
paragraph (2);
(b) if
they subsequently return to Jersey, to give in accordance with the Order a
notification under paragraph (3).
(2) A
notification under this paragraph must disclose –
(a) the
date on which the person will leave Jersey;
(b) the
place (or, if there is more than one, the first place) to which the person will
travel and the person’s point of arrival (determined in accordance with
the Order) in the country where the place is situated;
(c) any
other information prescribed by the Order that the person holds about the person’s
departure from Jersey or the person’s movements while outside Jersey.
(3) A
notification under this paragraph must disclose any information prescribed by
the Order about the person’s return to Jersey.
(4) An
Order under paragraph (1) may make different provision for different
categories of persons.
(5) A
person who –
(a) fails,
without reasonable excuse, to comply with paragraph (2) or (3); or
(b) in
purported compliance with paragraph (1)(a) or (b), 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.
9 Powers
to search
(1) Paragraph (2)
applies if it appears to the Bailiff or a Jurat on information on oath that
there is reasonable cause to believe that –
(a) the
home address of a person who is subject to the notification requirements of
this Law is not the home address last notified by the person under
Article 6; and
(b) apart
from searching premises, there are no other practical means of establishing the
person’s home address.
(2) The
Bailiff or Jurat may issue a warrant authorizing a police officer –
(a) to
enter the premises specified in the warrant; and
(b) to
search the premises to ascertain the home address of the person who is subject to
the notification requirements of this Law.
(3) Paragraph (4)
applies if it appears to the Bailiff or a Jurat on information on oath that
there is reasonable cause to suspect that there is at the home address of a
person who is subject to the notification requirements of this Law a person who
is at risk of harm from that person.
(4) The
Bailiff or Jurat may issue a warrant authorizing a police officer –
(a) to
enter the premises specified in the warrant, being the home address of the
person who is subject to the notification requirements of this Law; and
(b) to
search those premises to ascertain if there is on the premises a person who is
at risk of harm from the person who is subject to the notification requirements
of this Law.
(5) Paragraph (6)
applies if it appears to the Bailiff or a Jurat on information on oath that
there is reasonable cause to believe that –
(a) the
appointed officer (as defined by Article 28(1)), on behalf of the Chief
Police Officer, is required to carry out a function under Article 28(5)(a)
in respect of a person to whom that paragraph applies; and
(b) apart
from searching premises the person occupies or frequents, there are no other
practical means of carrying out the function.
(6) The
Bailiff or Jurat may issue a warrant authorizing a police officer –
(a) to
enter the premises specified in the warrant; and
(b) to
search the premises to ascertain the extent to which the person poses or
continues to pose a risk of sexual harm to the public or any particular person
or persons.
(7) A
person who intentionally obstructs or hinders a police officer in the exercise
of the officer’s powers or duty 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.
part 3
Court orders
10 Restraining
orders
(1) This
Article applies in respect of a person (the “offender”)
who –
(a) has
been convicted, before or after the commencement of this Article, of a relevant
offence;
(b) outside
Jersey, has been convicted, before or after the commencement of this Article,
of an offence that would, if the offence had been committed in Jersey, have
constituted a sexual offence to which this Law applies;
(c) has
been convicted of an offence that a court has certified, under
Article 3(4), was sexually aggravated;
(d) has
been convicted of an offence that a court has certified, under
Article 14(1) or 16(1) was sexually aggravated;
(e) outside
Jersey, has been convicted of an offence, before or after the commencement of
this Article, that a court has certified under paragraph (2) was sexually
aggravated; or
(f) in
Jersey or elsewhere, has been convicted of an offence, before or after the
commencement of this Article, that a court has certified under
paragraph (3).
(2) A
court may for the purpose of paragraph (1)(e), on the application of the
Attorney General, certify that the offence was sexually aggravated if the court
is satisfied –
(a) that
the offence was sexually motivated; or
(b) that
at, before or after the time of committing the offence the offender’s
actions included a sexual element directly connected with the commission of the
offence.
(3) A
court may for the purpose of paragraph (1)(f), on the application of the
Attorney General, certify that the offence involved the use or the threat of
the use of violence against a person or property.
(4) Where –
(a) this
Article applies to a person; and
(b) a
court is satisfied on the balance of probabilities, on the application of the
Attorney General, that the person poses a threat of serious sexual harm to the
public or any particular person or persons,
the court may make such an order in respect of the offender as it is
satisfied is necessary to protect the public or any particular person or
persons from serious sexual harm from the offender.
(5) Pending
the court deciding on whether or not to make an order under paragraph (4),
it may make an interim order, not inconsistent with this Article.
(6) An
application under this Article may be made –
(a) in
the case of an application under paragraph (4), to the Magistrate’s
Court upon conviction or sentencing by that court in respect of the offence
mentioned in paragraph (1)(a) or (c); or
(b) in
any other case, to the Royal Court.
(7) An
order under paragraph (4) or an interim order under paragraph (5) may
provide for either or both of the following –
(a) it
may prohibit the offender from doing anything described in the order;
(b) it
may require the offender to do anything described in the order.
(8) An
Order under paragraph (4) or an interim order under paragraph (5)
may, in particular, prohibit the offender from undertaking any work or other
activity that may require or be likely to allow the offender to come into
contact or be associated with –
(a) a
specific child or children in general; or
(b) a
specific person who may be vulnerable to sexual exploitation or any description
of persons the court considers may be vulnerable to sexual exploitation by the
offender.
(9) An
order under paragraph (4) or an interim order under paragraph (5)
shall have effect during the period specified in it or, if that period is
subsequently amended, during the amended period.
(10) Unless
the court is satisfied that there is a particular 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.
(11) A court
may amend an order under paragraph (4) or an interim order under
paragraph (5) on the application of the Attorney General or the offender.
(12) An
amendment of an order may, in particular, extend or shorten the period
specified in the order.
(13) If the
offender, without reasonable excuse –
(a) does
anything that the offender is prohibited from doing by an order under this
Article; or
(b) fails
to do anything that the offender is required to do by an order under this
Article,
the offender is guilty of an offence and is liable to imprisonment
for a term of 5 years and to a fine.
(14) If, in Jersey, a person, without reasonable
excuse –
(a) does anything that the person is prohibited
from doing in a prescribed jurisdiction by a prescribed order made by a court
in that jurisdiction; or
(b) fails to do anything the offender is
required to do in a prescribed jurisdiction by a prescribed order made by a
court in that jurisdiction,
the person is guilty of an
offence and is liable to imprisonment for a term of 5 years and to a fine.
(15) In paragraph (14) –
“prescribed
order” means an order of a type prescribed by the Minister by
Order –
(a) that can be made by a court in a prescribed
jurisdiction in the same or substantially the same circumstances; and
(b) that has the same or substantially the same
effect,
as an order made by a court
under this Article;
“prescribed
jurisdiction” means a jurisdiction in the British Islands, other than
Jersey prescribed by the Minister by Order.
(16) In paragraph (4) “protect the public or
any particular person or persons from serious sexual harm from the
offender” means to protect the public in Jersey or the particular person
or persons from serious physical or psychological harm caused by the offender
committing one or more relevant offences.
11 Child protection
orders
(1) The
Attorney General may apply to the Royal Court for an order (a “child
protection order”) in respect of a person aged 15 or over (“the
defendant”) –
(a) who
resides in Jersey; or
(b) who
the Attorney General believes is in, or is intending to come to Jersey.
(2) The
application may be made if it appears to the Attorney General that –
(a) the
defendant has, whether before or after the commencement of this Article, done
an act mentioned in paragraph (3); and
(b) as
a result of the act, there is reasonable cause to believe that it is necessary
for a child protection order to be made.
(3) The
acts referred to in paragraph (2) are –
(a) engaging
in sexual activity involving a child or in the presence of a child;
(b) causing
or inciting a child to watch a person engaging in sexual activity or to look at
a moving or still image that is sexual;
(c) giving
a child anything that relates to sexual activity or contains a reference to
such activity;
(d) communicating
with a child, where any part of the communication is sexual.
(4) On
the application, the Court may make the order if it is satisfied on the balance
of probabilities that –
(a) the
defendant has, whether before or after the commencement of this Article, done
an act mentioned in paragraph (3); and
(b) it
is necessary to make the order, to protect children generally or any child from
harm from the defendant.
(5) A
child protection order –
(a) prohibits
the defendant from doing anything described in the order;
(b) has
effect for a fixed period (not less than 2 years) specified in the order
or until further order.
(6) The
only prohibitions that may be imposed are those necessary to protect children
generally or any child from harm from the defendant.
(7) The
Attorney General or the defendant may apply to the Royal Court for an order
varying, renewing or discharging a child protection order.
(8) On
the application the Court may make any order, varying, renewing or discharging
the child protection order, that the Court considers appropriate.
(9) A
child protection order may be renewed, or varied so as to impose additional
prohibitions on the defendant, only if it is necessary to do so to protect
children generally or any child from harm from the defendant (and any renewed
or varied order may contain only such prohibitions as are necessary for this
purpose).
(10) If an
application for a child protection order has not been determined the Attorney
General may apply to the Royal Court for an interim child protection order.
(11) The
Court may, if it considers it just to do so, make an interim child protection
order, prohibiting the defendant from doing anything described in the order.
(12) Such an
order –
(a) has
effect only for a fixed period, specified in the order;
(b) ceases
to have effect, if it has not already done so, on the determination of the main
application.
(13) The
Attorney General or the defendant may apply to the Court for the interim order
to be varied, renewed or discharged.
(14) A person
commits an offence if, without reasonable excuse, the person does anything
which he or she is prohibited from doing by –
(a) a
child protection order;
(b) an
interim child protection order; or
(c) a
prescribed order made by a court in a prescribed jurisdiction,
and is liable to imprisonment for a term of 5 years and a fine.
(15) In
paragraph (14) –
“prescribed
order” means an order of a type prescribed by the Minister by
Order –
(a) that can be made by a court in a prescribed
jurisdiction in the same or substantially the same circumstances as a child
protection order; and
(b) that has the same or substantially the same
effect as a child protection order;
“prescribed
jurisdiction” means a jurisdiction in the British Islands, other than
Jersey, prescribed by the Minister by Order.
(16) In this Article –
“to protect children
generally or any child from harm from the defendant” means to protect
children generally or any child from physical or psychological harm, caused by
the defendant doing an act mentioned in paragraph (3);
“child” means a
person who has not attained the age of 16 years;
“image” means an
image produced by any means, whether of a real or imaginary subject.
(17) For the purposes of this Article, a communication
is sexual if –
(a) any part of it relates to sexual activity;
or
(b) a reasonable person would, in all the
circumstances but regardless of any person’s purpose, consider that any
part of the communication is sexual.
(18) For the purposes of this Article, an image is
sexual if –
(a) any part of it relates to sexual activity;
or
(b) a reasonable person would, in all the
circumstances but regardless of any person’s purpose, consider that any
part of the image is sexual.
12 Travel orders
(1) The Attorney General may apply to the Royal
Court for an order (a “travel order”) in respect of a person who is
subject to the notification requirements of this Law (“the
notifier”).
(2) On the application, the Court may make a
travel order if it is satisfied on the balance of probabilities that the
notifier’s acts and behaviour makes it necessary to make such an order
for the purpose of protecting children generally or any child from serious
sexual harm from the notifier outside Jersey.
(3) A travel order has effect for a fixed period
of not more than 6 months, specified in the order.
(4) The order prohibits the notifier from doing
whichever of the following is specified in the order –
(a) travelling to any place outside Jersey named
or described in the order;
(b) travelling to any place outside Jersey other
than a place named or described in the order; or
(c) travelling to any place outside Jersey.
(5) The only prohibitions that may be included
in the order are those necessary for the purpose of protecting children
generally or any child from serious sexual harm from the notifier outside
Jersey.
(6) The Attorney General or the notifier may
apply to the Royal Court for an order varying, renewing or discharging a travel
order.
(7) Subject to paragraph (8), on the
application, the Court may make any order varying, renewing or discharging the
travel order, that it considers appropriate.
(8) A travel order may be renewed or varied so
as to impose additional prohibitions on the notifier, only if it is necessary
to do so for the purpose of protecting children generally or any child from
serious sexual harm from the notifier outside Jersey (and any renewed or varied
order may impose only such prohibitions as are necessary for this purpose).
(9) A person commits an offence if, without
reasonable excuse, the person does anything which he or she is prohibited from
doing by a travel order and is liable to imprisonment for a term of
5 years and to a fine.
(10) A person is not in breach of a travel order if,
while the person is on a vessel or aircraft, the journey of the vessel or
aircraft takes it outside Jersey so long as the vessel or aircraft does not, in
the course of the journey, land at any place outside Jersey.
(11) In this Article –
“children” means
persons who have not attained the age of 16 years;
“protecting children
generally or any child from serious sexual harm from the notifier outside
Jersey” means protecting children generally or any particular child from
serious physical or psychological harm caused by the notifier doing, outside
Jersey, anything that would constitute a sexual offence to which this Law
applies if done in Jersey;
“acts and behaviour”
include acts and behaviour occurring before the commencement of this Article.
part
4
other
convictions
13 Convictions for
sexual offences before the commencement of this Article
(1) This Article applies to a person who, before
the commencement of this Article, had been convicted –
(a) in Jersey of a sexual offence to which this
Law applies; or
(b) outside Jersey, of an offence which, if
committed in Jersey, would have been such an offence.
(2) The Royal Court may, on the application of
the Attorney General, order that the person shall become subject to the
notification requirements of this Law.
14 Convictions for
sexually aggravated offences before the commencement of this Article
(1) If, on an application by the Attorney General,
the Royal Court certifies that an offence, whether committed in Jersey or
outside Jersey, before the commencement of this Article was sexually
aggravated, the offender becomes subject to the notification requirements of
this Law.
(2) The Royal Court must not certify that the
offence was sexually aggravated unless it is satisfied, on the information
available to it –
(a) that the offence was sexually motivated; or
(b) that at, before or after the time of
committing the offence the offender’s actions included a sexual element
directly connected with the commission of the offence,
and the Court is also
satisfied that the offender poses a risk of sexual harm to the public or any
particular person or persons.
15 Convictions for
sexual offences outside Jersey
(1) This Article applies to a person who,
outside Jersey, has been convicted of an offence which, if committed in Jersey,
would have constituted a sexual offence to which this Law applies.
(2) Where the person is not a person to whom
Article 3(2) applies (a person subject to prescribed notification
requirements), the Royal Court may, on the application of the Attorney General,
order that the person shall become subject to the notification requirements of
this Law.
(3) Where the person is a person to whom
Article 3(2) applies, the Royal Court may, on the application of the
Attorney General, order that the person shall continue to be subject to the
notification requirements of this Law despite the expiration of the prescribed
notification requirements mentioned in that Article.
16 Convictions for
sexually aggravated offences outside Jersey
(1) If, on an application by the Attorney
General, the Royal Court certifies that an offence committed outside Jersey was
sexually aggravated, the offender becomes subject to the notification
requirements of this Law.
(2) The Royal Court must not certify that the
offence was sexually aggravated unless it is satisfied, on the information
available to it –
(a) that the offence was sexually motivated; or
(b) that at, before or after the time of
committing the offence the offender’s actions included a sexual element
directly connected with the commission of the offence,
and the Court is also
satisfied that the offender poses a risk of sexual harm to the public or any
particular person or persons.
17 Acts
done by residents of Jersey outside Jersey
(1) If –
(a) after
the commencement of this Article, a person ordinarily resident in Jersey does
an act in a jurisdiction outside Jersey;
(b) the
act constitutes an offence under the law in force in that jurisdiction; and
(c) the
act, if done in Jersey, would constitute a sexual offence to which this Law
applies,
the person is guilty in Jersey of that sexual offence.
(2) Accordingly,
the person may be proceeded against in Jersey in respect of the sexual offence.
part 5
appeals
18 Appeals –
general provisions
(1) An
appeal under this Part shall be by way of a review.
(2) On
an appeal under this Part, the Royal Court or the Court of Appeal, as the case
may be –
(a) may
make any order it considers necessary to give effect to its determination of
the appeal; and
(b) may
also make any incidental or consequential order as appears to it to be just.
(3) An
appeal under Article 19, 20, 21, 22, 24, 25 or 26 shall be taken to be an
appeal in criminal proceedings while an appeal under Article 23 shall be
taken to be an appeal in civil proceedings.
19 Appeals –
certifications by court
(1) This Article applies where a court has
certified or has refused to certify –
(a) under Article 3(4), 10(2), 14(1) or
16(1), that an offence was sexually aggravated; or
(b) under Article 10(3), that an offence
involved the use or the threat of the use of violence against a person or
property.
(2) Where a court has certified the offence, the
offender may appeal against the certification –
(a) if the certification was by the
Magistrate’s Court, to the Royal Court; or
(b) if the certification was by the Royal Court,
to the Court of Appeal.
(3) Where a court has refused to certify the
offence, the Attorney General may appeal against the refusal –
(a) if the refusal was by the Magistrate’s
Court, to the Royal Court; or
(b) if the refusal was by the Royal Court, to
the Court of Appeal.
(4) The Attorney General or the offender may
appeal to the Court of Appeal against a decision of the Royal Court made on an
appeal to it under paragraph (2)(a) or (3)(a).
20 Appeals –
length of notification period
(1) This Article applies where a court
specifies, under Article 5(1), (2), (3) or (7), a period that must expire
before a person (“the notifier”) may make an application under
Article 5(5).
(2) The Attorney General or the notifier may
appeal against the length of that period –
(a) if the period was specified by the
Magistrate’s Court, to the Royal Court; or
(b) if the period was specified by the Royal
Court, to the Court of Appeal.
(3) The Attorney General or the notifier may
appeal to the Court of Appeal against a decision of the Royal Court made on an
appeal to it under paragraph (2)(a).
21 Appeals –
orders
(1) This Article applies where a court decides
to make or not to make an order –
(a) under Article 5(5) (that a person
should no longer be subject to the notification requirements of this Law); or
(b) under Article 13(2) (that a person be
made subject to the notification requirements of this Law in respect of an
offence committed before the commencement of the Article).
(2) The Attorney General or the person may
appeal against the decision –
(a) if the decision was made by the
Magistrate’s Court, to the Royal Court; or
(b) if the decision was made by the Royal Court,
to the Court of Appeal.
(3) The Attorney General or the person may
appeal to the Court of Appeal against a decision of the Royal Court made on an
appeal to it under paragraph (2)(a).
22 Appeals –
restraining orders
(1) This Article applies where a
court –
(a) has made an order in respect of a person
under Article 10(4), 10(5) or 10(11); or
(b) has refused to make such an order.
(2) Where such an order has been made in respect
of a person, the person may appeal, if the order was made by the
Magistrate’s Court, to the Royal Court or, if it was made by the Royal
Court, to the Court of Appeal against –
(a) the making of the order;
(b) the terms of the order; or
(c) in respect of an order under Article 10(11),
a refusal to make the order.
(3) The Attorney General may appeal to the Royal
Court against –
(a) a decision of the Magistrate’s Court
to refuse to make the order; or
(b) where an order has been made by the
Magistrate’s Court, the terms of the order.
(4) The Attorney General may appeal to the Court
of Appeal against –
(a) a decision of the Royal Court to refuse to
make the order; or
(b) where an order has been made by the Royal
Court, the terms of the order.
(5) The Attorney General or the person may
appeal to the Court of Appeal against a decision of the Royal Court given on an
appeal to it made under paragraph (2) or (3).
23 Appeals –
child protection orders
(1) This Article applies where the Royal
Court –
(a) has made an order in respect of a person
under Article 11(4), 11(8), 11(10) or 11(13); or
(b) has refused to make such an order.
(2) Where such an order has been made in respect
of a person, the person may appeal to the Court of Appeal against –
(a) the making of the order; or
(b) the terms of the order including the period
specified in the order.
(3) The Attorney General may appeal to the Court
of Appeal against –
(a) a decision of the Royal Court to refuse to
make the order; or
(b) where an order has been made, the terms of
the order including the period specified in the order.
24 Appeals –
travel orders
(1) This Article applies where the Royal
Court –
(a) has made an order in respect of a person
under Article 12(2) or 12(7); or
(b) has refused to make such an order.
(2) Where such an order has been made in respect
of a person, the person may appeal to the Court of Appeal against –
(a) the making of the order; or
(b) the terms of the order including the period
specified in the order.
(3) The Attorney General may appeal to the Court
of Appeal against –
(a) a decision of the Royal Court to refuse to
make the order; or
(b) where an order has been made, the terms of
the order including the period specified in the order.
25 Appeals –
convictions before commencement of Article 13
(1) This Article applies where the Royal
Court –
(a) has made an order in respect of a person
under Article 13(2); or
(b) has refused to make such an order.
(2) Where such an order has been made in respect
of a person, the person may appeal to the Court of Appeal against the making of
the order.
(3) The Attorney General may appeal to the Court
of Appeal against a decision of the Royal Court to refuse to make the order.
26 Appeals –
convictions outside Jersey
(1) This Article applies where the Royal
Court –
(a) has made an order in respect of a person
under Article 15(2) or 15(3); or
(b) has refused to make such an order.
(2) Where such an order has been made against a
person, the person may appeal to the Court of Appeal against the making of the order.
(3) The Attorney General may appeal to the Court
of Appeal against a decision of the Royal Court to refuse to make the order.
part
6
Role
of chief police officer
27 Supply of
information by Chief Police Officer
(1) This Article applies to
information –
(a) notified to the police under Articles 6 and 8; or
(b) gained in respect of a person by virtue of
Article 7.
(2) The Chief Police Officer may supply
information to which this Article applies to a person in Jersey or elsewhere
who in the opinion of the Chief Officer needs the information to prevent,
detect, investigate or prosecute an offence.
(3) Except as provided by paragraph (4),
the supply of information under this Article is to be taken not to breach any
restriction on the disclosure of information (however arising or imposed).
(4) This Article does not authorize the doing of
anything that contravenes the Data Protection (Jersey) Law 2005.
(5) This Article does not affect a power to supply information that
exists apart from this Article.
28 Management
arrangements to be established in respect of persons who pose a risk of sexual
harm
(1) In this Article –
“appointed
officer” means a police officer appointed by the Chief Police Officer for
the purposes of this Article;
“Chief Officers”
means the Chief Officers of the administrations of the States for which the
Ministers have responsibility and includes officers appointed by the Chief
Officers to act on their behalf under this Article;
“general
agreement” means the general agreement entered into under
paragraph (2), as for the time being in force;
“interested
parties” means relevant parties both within and outwith the States,
including, in particular –
(a) the
Connétables;
(b) the
Comité des Chefs de Police;
(c) organizations
that provide rented housing accommodation;
(d) organizations
that provide accommodation for the homeless;
(e) organizations
that provide support for children in need or at risk;
(f) organizations
that provide support for victims of sexual violence;
(g) organizations
that provide support for victims of domestic violence:
“Ministers”
means –
(a) the Minister for Home Affairs;
(b) the Minister for Housing;
(c) the Minister for Health and Social Services;
(d) the Minister for Education, Sport and
Culture; and
(e) the Minister for Economic Development;
“office
holders” means –
(a) the most senior délégué
appointed under the Loi (1937) sur l’atténuation des peines et sur
la mise en liberté surveillée[12];
(b) the Governor of
the prison for the purposes of the Prison (Jersey) Law 1957[13];
(c) the Agent of the Impôts appointed
under the Customs and Excise (Jersey) Law 1999;
“person who poses a
risk of sexual harm” means –
(a) a person who, before or after the
commencement of this Article, has been convicted of a relevant offence;
(b) a person who, before or after the
commencement of this Article has been convicted, outside Jersey, of an offence
that would, if the offence had been committed in Jersey, have constituted a
sexual offence to which this Law applies;
(c) a person who, before or after the
commencement of this Article, has been convicted of an offence that the court
has certified, under Article 3(4), 14(1) or 16(1) was sexually aggravated;
(d) a person in respect of whom a restraining
order under Article 10 is or has been in force;
(e) a person in respect of whom a child
protection order under Article 11 is or has been in force.
(2) The Ministers and the Chief Police Officer
must liaise and, within 6 months of the commencement of this Article,
enter into an agreement that sets out the general arrangements that they have
agreed they must put into effect to provide for the assessment and management
of persons who pose a risk of sexual harm.
(3) Thereafter, the Ministers and the Chief
Police Officer must keep under review the implementation and application of the
arrangements set out in the general agreement and amend that agreement as
necessary or expedient.
(4) The Minister for Home Affairs must lay
before the States, as soon as practicable after they are made, the general
agreement and any agreement amending that agreement.
(5) The appointed officer, on behalf of the
Chief Police Officer, and the Chief Officers must implement the general
agreement –
(a) by establishing reasonable arrangements to
assess and manage each person who poses a risk of sexual harm;
(b) by ensuring the fullest possible
implementation and application of each such arrangements; and
(c) by keeping each such arrangement under
review and updated as necessary or expedient.
(6) In doing so, the appointed officer and the
Chief Officers –
(a) must act in co-operation with the office
holders; and
(b) may seek the help and advice of interested
parties.
(7) It is the duty of office holders to
co-operate in the establishment and implementation of the arrangements
established under paragraph (5)(a) to the extent that such co-operation
and implementation is compatible with the exercise by the office holders of
their functions under other enactments.
(8) Co-operation under paragraph (6)(a) may
include the exchange of information.
(9) Nothing in paragraph (6) is to be taken
as prohibiting the appointed officer and the Chief Officers from seeking the
view of the public or any particular person or persons.
(10) It is the duty of the appointed officer to monitor
the implementation of the arrangements established under paragraph (5)(a)
and to report his or her findings to the Chief Police Officer.
(11) The Chief Police Officer must, before the end of
March in each year, present to the Minister a report setting out, in general,
non-specific terms, the actions that have been taken in carrying out the
functions mentioned in paragraph (5).
(12) The Minister must, as soon as practical, lay the
report before the States.
(13) The report must contain, in
particular –
(a) details of the extent to which each of the
Ministers has implemented or provided for the implementation of the general
agreement;
(b) a summary of the arrangements that the
appointed officer and the Chief Officers have established under
paragraph (5);
(c) details of the extent to which those
arrangements have been implemented.
(14) The report must also contain such other
information as the Minister may specify.
part
7
miscellaneous
provisions
29 Rules of Court
(1) The Superior Number of the Royal Court, with
the advice and assistance of the Rules Committee, may make Rules of Court
necessary or convenient to give effect to this Law.
(2) The power to make Rules of Court
under –
(a) Article 29 of the Magistrate’s
Court (Miscellaneous Provisions) (Jersey) Law 1949[14];
(b) Article 13 of the Royal Court (Jersey)
Law 1948[15];
(c) Article 67 of the Children (Jersey) Law
2002[16]; and
(d) Articles 19 and 40 of the Court of Appeal
(Jersey) Law 1961[17],
shall, in each case, be
taken to include the power to make Rules of Court necessary or convenient to give effect to this
Law.
(3) Rules of Court, whether made under
paragraph (1) or by virtue of paragraph (2) may, in particular, make
provision –
(a) with respect to the procedure to be followed
in any relevant proceedings (including the manner in which any application is
to be made or other proceedings commenced);
(b) as to the persons entitled to participate in
any relevant proceedings, whether as parties to the proceedings or by being
given the opportunity to make representations to the court;
(c) with respect to the documents and information
to be furnished, and notices to be given, in connection with any relevant
proceedings;
(d) with respect to preliminary hearings;
(e) for the service outside Jersey in such
circumstances and in such manner as may be prescribed, of any notice of proceedings
in the court;
(f) enabling the court, in such
circumstances as may be prescribed, to proceed on any application even though
the respondent has not been given notice of the proceedings; and
(g) authorizing the Judicial Greffier to
discharge the functions of the court with respect to such relevant proceedings
as may be prescribed.
(4) Rules of Court, whether made under
paragraph (1) or by virtue of paragraph (2), may provide
that –
(a) a person making an application to a court or
an appeal under this Law must serve prescribed documents on the Attorney
General;
(b) a court may sit in private in proceedings in
which any powers under this Law may be exercised by the court with respect to
any child.
(5) A person who publishes material that is
intended, or likely, to identify –
(a) a child as being concerned in proceedings
before a court either as being a child against or in respect of whom the
proceedings are taken or as being a witness in those proceedings; or
(b) an address or school as being that of a
child involved in any such proceedings,
except in so far (if at all)
as the court hearing those proceedings, having regard to the interest of
justice and the welfare of the child concerned, directs, is guilty of an
offence and is liable to a fine of level 3 on the standard scale.
(6) In proceedings for an offence under
paragraph (5), it is a defence for the accused to prove that he or she did
not know, and had no reason to suspect, that the published material was likely
to identify the child.
(7) In this Article –
“given” in
relation to a summons, means “served”;
“notice of
proceedings” means a summons or such other notice of proceedings as is
required;
“relevant
proceedings” means an application made, or proceedings brought, under a
provision mentioned in paragraph (3) and a part of such proceedings;
“programme
service” has the same meaning as in section 201 of the Broadcasting
Act 1990 (as extended to Jersey by the Broadcasting Act 1990 (Jersey)
(No. 2) Order 1991[18]);
“prescribed”, in
respect of any Rules of Court, means prescribed by those Rules of Court;
“publish”
includes –
(a) include within a programme service; or
(b) cause to be published;
“material”
includes any picture or representation.
30 Convictions
outside Jersey
(1) Except as provided by paragraph (2), a
requirement or condition of this Law –
(a) that a person has been convicted of an
offence outside Jersey; or
(b) that a person has been convicted outside
Jersey of an offence which, if committed in Jersey, would have been a sexual
offence to which this Law applies,
is to be taken to be met
unless, not later than Rules of Court may provide, the defendant serves on the
Attorney General a notice –
(c) stating that, on the facts as alleged with
respect to the act in question, the requirement or condition is not in the
person’s opinion met;
(d) showing the person’s grounds for that
opinion; and
(e) requiring the Attorney General to prove that
it is met.
(2) A court, if it thinks fit, may permit the
person to require the Attorney General to prove that the requirement is met
without service of a notice under paragraph (1).
31 Amendment
of Police Procedures and Criminal Evidence (Jersey) Law 2003
Schedule 1 to the Police Procedures and Criminal Evidence (Jersey)
Law 2003[19] is amended by adding, at the end of Part 2, the
item –
“16. Articles
7(10), 8(5), 9(7), 10(14), 11(14) and 12(9) of the Sex Offenders (Jersey)
Law 2010[20].”.
part
8
Citation
and Commencement
32 Citation and commencement
(1) This
Law may be cited as the Sex Offenders (Jersey) Law 2010.
(2) It shall
come into force on such day or days as the States may by Act appoint and
different days may be appointed for different purposes and different provisions.
a.h. harris
Deputy Greffier of the States