Criminal Justice
(Young Offenders) (No. 2) (Jersey)
Law 2016
A LAW to amend further the Criminal
Justice (Young Offenders) (Jersey) Law 2014 and the Children (Jersey) Law 2002
with respect to young offenders.
Adopted by the
States 24th May 2016
Sanctioned by
Order of Her Majesty in Council 12th October 2016
Registered by the
Royal Court 21st
October 2016
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “principal Law” means the Criminal Justice
(Young Offenders) (Jersey) Law 2014[1].
2 Long
title amended
In the long title to the principal Law the words “Young
Person’s” shall be deleted.
3 Article 1
amended
In Article 1 of the principal Law –
(a) the
existing text shall be numbered paragraph (1);
(b) in
the definition “appropriate place of custody” in paragraph (a)
for the words “male or female young person” there shall be
substituted the words “child or young person”;
(c) in
the definition “Panel” for the words “Young Person’s
Placement Panel” there shall be substituted the words “Placement
Panel for children and young persons”;
(d) in
the definition “secure accommodation” for the number “22”
there shall be substituted the number “1”;
(e) for
the definition “youth detention” there shall be substituted the
following definition –
“ ‘youth
detention’ means any sentence of detention imposed under this Law on a
child, young person or young adult following conviction.”;
(f) after
paragraph (1) there shall be added the following paragraph –
“(2) The States may by Regulations
amend any definition in paragraph (1).”.
4 Article 4
amended
In Article 4 of the principal Law –
(a) in
the heading the words “for young persons and young adults” shall be
deleted;
(b) in
paragraph (1) for the words “young person or a young adult”
there shall be substituted the words “child, young person or young
adult”;
(c) after
paragraph (1) there shall be inserted the following paragraph –
“(1A) Where a child is convicted of an offence, the
court shall not impose a sentence of youth detention on him or her except where
Article 5 applies.”;
(d) for
paragraph (2) there shall be substituted the following paragraphs –
“(2) A court shall not pass a
sentence of youth detention unless –
(a) Article 5 applies; or
(b) where Article 5 does not apply, it
considers that no other method of dealing with the person is appropriate
because it appears to the court that –
(i) the
person has a history of failure to respond to non-custodial penalties and is
unable or unwilling to respond to them,
(ii) only
a custodial sentence would be adequate to protect the public from serious harm
from the person, or
(iii) the
offence or the totality of the offending is otherwise so serious that a
non-custodial sentence cannot be justified.
(2A) The court shall state in open court its reasons for
imposing a sentence of youth detention and shall explain to the person that on the
person’s release the person may be subject to a period of supervision in
accordance with Article 9.”;
(e) in
paragraph (6) for the words “Article 5” there shall be
substituted the words “Articles 4A and 5”.
5 Article 4A
inserted
After Article 4 of the principal Law there shall be inserted
the following Article –
“4A Sentence
of youth detention for driving offences
Where a young person who has
attained the age of 17 years is convicted of an offence under the Road
Traffic (Jersey) Law 1956[2] or the Motor Traffic (Third-Party
Insurance) (Jersey) Law 1948[3], a court shall take no
account of Article 4(6) when passing a sentence of youth detention in
relation to that offence.”.
6 Article 5
amended
In Article 5 of the principal Law –
(a) for
the heading there shall be substituted the following heading –
“5 Youth detention for offences where life sentence fixed by law and
for other serious offences”;
(b) in
paragraph (1) –
(i) in
sub-paragraph (a) for the words “had attained the age of 18 years”
there shall be substituted the words “was a young adult”,
(ii) in
sub-paragraph (b) for the words “under the age of 18 years”
there shall be substituted the words “a child or young person”;
(c) paragraph (2)
shall be deleted;
(d) in
paragraph (3)(a) before the words “young person” there shall
be inserted the words “child or”;
(e) paragraph (4)
shall be deleted.
7 Article
7 amended
In Article 7 of the principal Law –
(a) in
the heading after the words “custody for” there shall be inserted
the word “children,”;
(b) in
paragraph (2) after the words “orders a” there shall be
inserted the words “child or”;
(c) in
paragraph (3) –
(i) before
the words “young person is required to be” there shall be inserted
the words “child or”,
(ii) after
the words “place of custody, the” there shall be inserted the words
“child or”;
(d) for
paragraph (4) there shall be substituted the following paragraphs –
“(4) Without prejudice to the
exercise of powers under Article 10 in relation to a young person, the
Panel shall determine the appropriate place of custody for a child or young
person who is detained in accordance with paragraph (3) as soon as
reasonably practicable and, in any event, within 72 hours or such other
period as the Minister may specify by Order, from the time the child or young
person is detained.
(5) Nothing in this Article affects the powers
of the Secretary of State under Schedule 1 to the Crime (Sentences)
Act 1997 of the United Kingdom.”.
8 Article 9
amended
In Article 9(5)(b) of the principal Law before the words
“an appropriate custodial sentence” there shall be inserted the
words “except in the case of a child,”.
9 Article
11 amended
In Article 11(3)(b) of the principal Law for the words
“the Part 3” there shall be substituted the words
“Article 1A(a) or (b)”.
10 Article 16
amended
In Article 16 of the principal Law –
(a) paragraph (2)(a)
shall be deleted;
(b) in
paragraph (2)(b) after the words “the person is a” there shall
be inserted the words “child or”;
(c) in
paragraph (3) –
(i) after
the words at the beginning “If a” there shall be inserted the words
“child or”,
(ii) after
the words “appropriate place of custody, the” there shall be
inserted the words “child or”;
(d) for
paragraph (4) there shall be substituted the following paragraph –
“(4) Without prejudice to the
exercise of powers under Article 10 in relation to a young person, the
Panel shall determine the appropriate place of custody for a child or young
person who is remanded in accordance with paragraph (3) as soon as
reasonably practicable and, in any event, within 72 hours or such other
period as the Minister may specify by Order, from the time the child or young
person is remanded.”.
11 Part
4 sub-heading amended
For the sub-heading to Part 4 of the principal Law there shall
be substituted the following sub-heading –
“placement panel for
children and young persons”.
12 Article 17
amended
In Article 17 of the principal Law –
(a) for
the heading there shall be substituted the following heading –
“17 Placement
Panel for children and young persons”;
(b) in paragraph (1)
for the words “Young Person’s Placement Panel” there shall be
substituted the words “Placement Panel for children and young persons”;
(c) in paragraph (2)
the words “Young Person’s Placement” shall be deleted.
13 Article 18
amended
In Article 18 of the principal Law –
(a) for
paragraph (a) there shall be substituted the following paragraph –
“(a) determining the appropriate
place of custody for a child or young person who is remanded in custody or
sentenced to youth detention;”;
(b) in paragraph (b)
before the words “young person” in each place they appear there
shall be inserted the words “child or”;
(c) for
paragraphs (d) and (e) there shall be substituted the following
paragraphs –
“(d) making assessments of children
and young persons for the purpose of exercising its functions under this Law;
(e) consulting with the Secretary of State as to
whether, in the case of a child or young person sentenced to youth detention, all
or part of the sentence should be served outside Jersey under the Crime
(Sentences) Act 1997 of the United Kingdom;
(f) making arrangements for the delivery
of a child or young person to or from any place of detention to or from which the
child or young person is required to be moved under this Law.”.
14 Article 19
amended
In Article 19 of the principal Law before the words
“young person” in each place they appear there shall be inserted
the words “child or”.
15 Articles 31
and 32 substituted
For Articles 31 and 32 of the principal Law there shall be
substituted the following Articles –
“31 Regulations
and Orders – general provisions
Any Regulations or Order
under this Law may contain such transitional, consequential, incidental or
supplementary provisions as appear to the States, or, as the case may be, the
Minister making the Order, to be expedient for the purposes of the Regulations
or the Order.
32 Consequential
amendments to enactments and transitional provisions
(1) The States may, by Regulations, amend any
enactment, including this Law, for the purpose of making such provision as they
consider necessary or expedient in consequence of the coming into force of any
provision of this Law.
(2) A child or young person who, on the date
this Law comes into force, is detained, or required to be detained, in custody
on remand or following the passing of a sentence shall be deemed to have been detained,
or required to be detained, in custody under this Law and the Panel shall,
accordingly, exercise its functions in relation to the placement of that child
or young person in custody.
(3) Paragraph (2) does not affect the
length of any period of detention to which a child or young person has been
sentenced before the date this Law comes into force.
(4) In respect of a child or young person who,
on the day this Law comes into force, is detained in custody on remand or
following the passing of a sentence, the panel shall review the placement of –
(a) a child or young person who is detained in
an appropriate place of custody as soon as reasonably practicable after this
Law comes into force and in any event not later than 3 months after the
day that this Law comes into force;
(b) a female young person who is detained in
prison as soon as reasonably practicable after this Law comes into force and in
any event not later than one month after the day that this Law comes into
force.”.
16 Children
(Jersey) Law 2002 amended
The Schedule shall have effect.
17 Citation
and commencement
This Law may be cited as the Criminal Justice (Young Offenders)
(No. 2) (Jersey) Law 2016 and shall come into force on the same date
that the Criminal Justice (Young Offenders) (Jersey) Law 2014[4] comes into force.
l.-m. hart
Deputy Greffier of the States
SCHEDULE
(Article 17)
children
(jersey) Law 2002 amended
1 Interpretation
In this Schedule references to the “Children Law” are to
the Children (Jersey) Law 2002[5].
2 Article 1
amended
In Article 1 of the Children Law –
(a) after
the definition “school” there shall be inserted the following
definition –
“ ‘secure
accommodation’ means accommodation provided by the Minister for the
purpose of restricting a child’s liberty;”;
(b) in
the definition “voluntary organisation” for the full-stop at the
end there shall be substituted a semi-colon and after the definition there
shall be added the following definition –
“ ‘Young
Offenders Law’ means the Criminal Justice (Young Offenders) (Jersey)
Law 2014[6].”;
(c) paragraph (4)
shall be deleted.
3 Article 1A
inserted
After Article 1 of the Children Law there shall be inserted the
following Article –
“1A References
to a child who is looked after by the Minister
In this Law references to a
child who is looked after by the Minister are references to any of the
following –
(a) a child in the care of the Minister;
(b) a child, other than a child falling within
the description in paragraph (c), provided with accommodation by the
Minister for a continuous period of more than 24 hours in the exercise of
the Minister’s functions under any enactment;
(c) a child or young person within the meaning
of the Young Offenders Law who is required to be detained in custody on remand
or following sentence under any provision of that Law, where the place of
custody is –
(i) secure accommodation,
(ii) a young offender institution, or
(iii) the prison,
within the meaning of that
Law.”.
4 Article 20
amended
In Article 20 of the Children Law before paragraph (1)
there shall be inserted the following paragraph –
“(A1) Nothing in this Article applies to a child or
young person described in Article 1A(c).”.
5 Article 22
amended
In Article 22 of the Children Law –
(a) for
the heading there shall be substituted the following heading –
“22 Secure
accommodation other than for children on remand or following sentence”;
(b) before
paragraph (1) there shall be inserted the following paragraph –
“(A1) Nothing in this Article applies to a child or
young person described in Article 1A(c).”;
(c) in
paragraph (1) for the words “accommodation provided for the purpose
of restricting liberty (‘secure accommodation’)” there shall
be substituted the words “secure accommodation”.
6 Article 22A
inserted
After Article 22 of the Children Law there shall be inserted
the following Article –
“22A Secure
accommodation for children on remand or following sentence
The Minister may provide
secure accommodation for a child or young person within the meaning of the
Young Offenders Law who, in accordance with that Law, is required to be
detained –
(a) in custody on remand in secure
accommodation; or
(b) in custody under any provision of that Law
in secure accommodation following the passing of a sentence.”.