Criminal Offences (Jersey) Law 2009

Criminal Offences (Jersey) Law 2009

A LAW to codify and reform the law relating to statutory offences.

Adopted by the States                                           27th February 2007

Sanctioned by Order of Her Majesty in Council             8th July 2009

Registered by the Royal Court                                      24th July 2009

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Offence to aid, abet, conspire, counsel, procure, conspire, attempt or incite the commission of a statutory offence

(1)     A person who –

(a)     aids, abets, counsels or procures the commission of a statutory offence; or

(b)     conspires, attempts or incites another to commit a statutory offence,

is guilty of an offence and is liable to the same penalty as a person would be for the statutory offence.

(2)     A person alleged to have committed an offence by virtue of paragraph (1) shall be triable in the same manner as a person would be tried for the statutory offence.

(3)     This Article does not affect proceedings for an alleged offence at customary law –

(a)     of aiding, abetting, counselling or procuring the commission of a statutory offence; or

(b)     of conspiring, attempting or inciting another to commit a statutory offence,

arising out of an act done by a person before the commencement of this Law.

(4)     However, the person is triable in the same manner as a person would be tried for the statutory offence.

2        Statutory offences by bodies corporate and limited liability partnerships

(1)     This Article applies if a statutory offence committed by a body corporate or by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of –

(a)     a person who is a director, manager, secretary or other similar officer of the body corporate, or a partner of the partnership; or

(b)     a person purporting to act in any such capacity.

(2)     The person –

(a)     is also be guilty of the offence; and

(b)     is liable in the same manner as the body corporate or the partnership to the penalty provided for the offence.

(3)     If the affairs of a body corporate are managed by its members, this Article applies in relation to acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

3        Citation and commencement

(1)     This Law may be cited as the Criminal Offences (Jersey) Law 2009.

(2)     It shall come into force on the seventh day following its registration.

m.n. de la haye

Greffier of the States

 


 


Page Last Updated: 06 Jun 2015