Criminal Justice
(Life Sentences) (Jersey) Law 2014
A LAW to make provision for a minimum
period of imprisonment to be ordered by a court when a person is sentenced to
life imprisonment and for review of such a person’s detention and release
from prison on licence
Adopted by the
States 18th July 2014
Sanctioned by
Order of Her Majesty in Council 8th October 2014
Registered by the
Royal Court 17th
October 2014
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 otherwise requires –
“child”
means a person who has not attained the age of 18 years;
“discretionary life sentence” means a sentence of life
imprisonment which is not a mandatory life sentence;
“licence”,
in relation to the release of a life prisoner from prison, shall be construed
in accordance with Article 18;
“life prisoner” means a person serving in Jersey
a sentence in respect of which an order for a minimum period of imprisonment
has been made;
“mandatory life sentence” means a sentence of life
imprisonment which is fixed by law as described in paragraph (2);
“minimum period of imprisonment” means the period
specified by a court in an order under Article 10 or Article 14;
“Minister” means the
Minister for Home Affairs;
“murder which is aggravated by sexual orientation or disability”
shall be construed in accordance with Article 3;
“murder which is racially or religiously aggravated”
shall be construed in accordance with Article 2;
“prison”
includes any form of custody or detention in which a person is lawfully placed
under a sentence of life imprisonment;
“starting point”, in relation to an offender, means
a period calculated under Article 5, 6, 7 or 8, as the case may be, in
relation to the offender.
(2) In
this Law, a sentence of life imprisonment is taken to be fixed by law if a
court that finds a person guilty of the offence to which the sentence relates
must, by law, impose that sentence.
(3) In
this Law, a reference to a sentence of life imprisonment includes a sentence of
custody for life or detention during Her Majesty’s pleasure.
2 Meaning
of “racially or religiously aggravated murder”
(1) For
the purposes of this Law, a murder is racially or religiously aggravated if –
(a) at
the time of, or immediately before or after, committing the murder the offender
demonstrates towards the victim of the offence hostility based on the
victim’s membership of (or presumed membership of), or association with,
a racial or religious group; or
(b) the offence is motivated wholly or partly by hostility –
(i) towards members of a racial or religious group based on
their membership of that group, or
(ii) towards persons who associate with a racial or religious
group.
(2) For
the purposes of paragraph (1)(a) or (b), it is
immaterial whether or not the offender’s hostility is also based, to any
extent, on –
(a) the fact or presumption that any person or group of persons
belongs to any racial or religious group; or
(b) any other factor not mentioned in that paragraph.
(3) In
this Article –
“presumed” means presumed by
the offender;
“racial group” means a group of persons that may be
defined by reference to race, colour, nationality (including citizenship) or
ethnic or national origins;
“religious group” means a group
of persons defined by reference to religious belief or lack of religious
belief.
3 Meaning
of “murder aggravated by sexual orientation or disability”
(1) For
the purposes of this Law, a murder is aggravated by sexual orientation or
disability if –
(a) at the time of, or immediately before or after, committing
the murder, the offender demonstrates towards the victim of the offence
hostility based on –
(i) the sexual orientation (or presumed sexual orientation) of
the victim, or
(ii) a disability (or presumed disability) of the victim; or
(b) the offence is motivated wholly or partly –
(i) by hostility towards persons who are of a particular sexual
orientation, or
(ii) by hostility towards persons who have a disability or a
particular disability.
(2) In
this Article –
“disability” means any physical
or mental impairment;
“presumed” means presumed by
the offender;
“sexual orientation” of a
person includes whether the person engages in prostitution.
PART 2
minimum periods of imprisonment for mandatory
life sentences
4 Starting
points
A court which sentences an offender to a mandatory life sentence shall
fix, in accordance with Articles 5, 6, 7 or 8, as the case may be, the
appropriate starting point in relation to the offender for the purposes of Article 10.
5 Starting
point for exceptionally serious cases
(1) The
appropriate starting point in relation to an offender who is given a mandatory
life sentence shall be the whole of the offender’s life if –
(a) the offender was 21 years of age or older when he or
she committed the offence or offences to which the starting point relates; and
(b) the court considers that the offender’s offence, or
the combination of the offender’s offence and other offences of the offender
that are associated with the offence, is exceptionally serious.
(2) Without
limiting the generality of paragraph (1), cases that would normally be
regarded as exceptionally serious include the following –
(a) murder of 2 or more persons, where each murder involves any
of the following –
(i) a substantial degree of premeditation or planning,
(ii) the abduction of the victim,
(iii) sexual
or sadistic conduct;
(b) murder of a child, if the murder involves the abduction of
the child or sadistic or sexual motivation;
(c) murder for the purposes of advancing a political, religious
or ideological cause;
(d) murder by an offender previously convicted of murder.
6 Starting
point for particularly serious cases
(1) The
appropriate starting point in relation to an offender who is given a mandatory
life sentence shall be the period of 30 years if –
(a) the court does not consider that the offender’s case
falls within Article 5(1);
(b) the offender was 18 years of age or older when he or
she committed the offence or offences to which the starting point relates; and
(c) the court considers that the offender’s offence, or
the combination of the offender’s offence and other offences of the
offender that are associated with the offence, is particularly serious.
(2) Without
limiting the generality of paragraph (1), cases that would normally be regarded
as particularly serious include the following –
(a) murder of a police officer, or prison officer, in the course
of the officer’s duty;
(b) murder involving the use of a firearm or explosives;
(c) murder for gain (such as murder in the course of a robbery
or burglary, or for payment or in the expectation of gain as a result of
death);
(d) murder done with the intention of obstructing or interfering
with the course of justice;
(e) murder involving sexual or sadistic conduct;
(f) murder of 2 or more persons;
(g) murder which is racially or religiously aggravated;
(h) murder which is aggravated by sexual orientation or
disability.
7 Starting
point for other cases where offence committed whilst offender was an adult
The appropriate starting point in relation to an offender who is given
a mandatory life sentence shall be the period of 15 years if –
(a) the court does not consider that the offender’s case
falls within Article 5(1) or 6(1); and
(b) the offender was 18 years of age or older when he or
she committed the offence or offences to which the starting point relates.
8 Starting
point for other cases where offence committed while offender was a child
The appropriate starting point in relation to an offender who is given
a mandatory life sentence shall be the period of 12 years if the offender
had not attained the age of 18 years when he or she committed the offence
or offences to which the starting point relates.
9 Aggravating
and mitigating factors
(1) After
having fixed a starting point in relation to an offender, the court shall take
into account any aggravating or mitigating factors, to the extent that it has
not allowed for those factors in fixing the starting point.
(2) Aggravating
factors that may be relevant to the offence of murder include the following –
(a) the factors mentioned in Articles 5(2) and 6(2);
(b) a significant degree of planning or premeditation;
(c) that the victim was particularly vulnerable because of age
or disability;
(d) mental or physical suffering inflicted on the victim before
death;
(e) the abuse of a position of trust;
(f) the use of duress or threats against another person to
facilitate the commission of the offence;
(g) that the victim was providing a public service or performing
a public duty;
(h) concealment, destruction or dismemberment of the body.
(3) Mitigating
factors that may be relevant to the offence of murder include the following –
(a) an intention to cause serious bodily harm rather than to
kill;
(b) lack of premeditation;
(c) that the offender suffered from any mental disorder or
mental disability which, although not within Article 3(1) of the Homicide (Jersey) Law 1986[1], lowered the degree of
culpability of the offender;
(d) that the offender was provoked (for example by prolonged
stress) in a way not amounting to the defence of provocation;
(e) that the offender acted to any extent in self-defence;
(f) a belief by the offender that the murder was an act of
mercy;
(g) the age of the offender.
10 Court to order
minimum period of imprisonment
The court shall, after having –
(a) fixed under Article 4 a starting point in relation to
an offender; and
(b) considered under Article 9 aggravating or mitigating
factors in relation to the offender,
order in relation
to the offender a minimum period of imprisonment in respect of the offence or
offences.
11 Determination of
duration of minimum period of imprisonment
(1) The
court may, under Article 10, order a minimum period of imprisonment of any
length, including a period that is the whole of the offender’s life,
irrespective of the starting point fixed by the court.
(2) Notwithstanding
paragraph (1), the court shall only order a minimum period of imprisonment
that is the whole of the offender’s life if the offender was 21 years
of age or older when he or she committed the offence or offences to which the
order relates.
(3) In
determining the length of a minimum period of imprisonment in relation to an
offender, the court may take into account any period that, before the offender
was sentenced for the offence or offences to which the minimum period of
imprisonment relates, he or she spent on remand in relation to the offence or
offences.
12 When court shall
order minimum period of imprisonment to be for whole of offender’s life
(1) The
court shall, under Article 10, order a minimum period of imprisonment that
is the whole of an offender’s life if –
(a) the offender was 21 years of age or older when he or
she committed the offence or offences to which the order relates; and
(b) the court is satisfied that such a period is justified because
of the seriousness of the offence or the seriousness of the combination of the
offence and other offences associated with the offence.
(2) In
determining whether to make an order under Article 10 of a minimum period
of imprisonment that is the whole of an offender’s life, the court shall
have regard to the principles set out in Articles 5, 6, 7, 8 and 9.
13 Court must give
reasons for order made
After making an order under Article 10 the court shall state in
open court, in ordinary language, its reasons for making the order.
part 3
minimum periods of imprisonment for discretionary
life sentences
14 Court
to order minimum period of imprisonment
A court which sentences an offender to a discretionary life sentence
shall order, in relation to that offender, a minimum period of imprisonment in
respect of that offence or offences.
15 Determination
of minimum period of imprisonment
(1) The
court may, under Article 14, order a minimum period of imprisonment of any
length, including a period that is the whole of the offender’s life.
(2) Notwithstanding
paragraph (1), the court shall only order a minimum period of imprisonment
that is the whole of the offender’s life if –
(a) the offender was 21 years of age or older when he or
she committed the offence or offences to which the order relates; and
(b) the court is satisfied that such a period is justified because
of the seriousness of the offence or the seriousness of the combination of the
offence and other offences associated with the offence.
(3) In
determining the length of a minimum period of imprisonment in relation to an
offender, the court may take into account such matters as it thinks fit,
including any of the following –
(a) the seriousness of the offence;
(b) the seriousness of the combination of the offence and other
offences associated with the offence; and
(c) any period that, before the offender was sentenced for the
offence to which the minimum period of imprisonment relates, the offender spent
on remand in relation to the offence.
16 Court
must give reasons for order made
After making an order under Article 14 the court shall state,
in open court, in ordinary language, its reasons for making the order.
part 4
release on licence
17 Panel
(1) For
the purposes of this Part, there shall be a Panel comprising the Bailiff and
2 Jurats appointed by the Bailiff.
(2) Subject
to paragraph (3), the Panel shall determine its own procedures for the
purposes of exercising its functions under this Part.
(3) A
decision is binding on the Panel if it is agreed by the Bailiff and at least
one other member of the Panel.
18 General
provisions relating to licences
(1) Where
a life prisoner is released from prison on licence under this Part, the licence
shall, unless previously revoked under paragraph (4), remain in force
until his or her death.
(2) A
life prisoner subject to a licence shall be under the supervision of such
person as may be specified in the licence and shall comply with such conditions
as may be specified in the licence by the Panel.
(3) The
Panel may modify or cancel any condition in the licence at any time.
(4) If
so directed by the Panel in the case of any life prisoner who has been released
from prison on licence under this Part, the Minister shall revoke the licence
and recall the life prisoner to prison.
(5) A
life prisoner recalled to prison under paragraph (4) –
(a) on his or her return to prison, shall be informed of the
reasons for his or her recall and of his or her right to make representations;
and
(b) may make representations in writing with respect to his or
her recall.
(6) If,
after consideration of the representations made under paragraph (5), the Panel
directs the immediate release from prison on licence of the life prisoner, the
Minister shall release the prisoner on licence immediately.
19 Duty
to release on licence certain life prisoners
(1) In
this Part, a reference to the relevant part of a life prisoner’s sentence
is a reference to the part of the sentence specified in an order under Article 10
or 14 made in respect of the life prisoner for a minimum period of imprisonment.
(2) If
a life prisoner is serving 2 or more sentences in respect of which there is an
order for a minimum period of imprisonment, this Article does not apply to him
or her unless he or she has served the relevant part of each such sentence.
(3) As
soon as –
(a) a life prisoner has served the relevant part of his or her
sentence; and
(b) the Panel has directed the life prisoner’s release from
prison following a referral of the life prisoner’s case by the Minister,
the Minister must
release the life prisoner from prison on licence.
(4) A
life prisoner may require the Minister to refer his or her case to the Panel at
any time –
(a) after he or she has served the relevant part of his or her
sentence; and
(b) where there has been a previous referral by the Minister
under this Article, after the end of the period of 2 years beginning with
the disposal of that referral.
(5) The
Panel shall not give a direction under paragraph (3) unless the Panel is
satisfied that it is no longer necessary for the protection of the public that
the life prisoner should be confined in prison.
(6) In
determining for the purposes of this Article whether a life prisoner has served
the relevant part of his or her sentence, no account shall be taken of any time
the prisoner is unlawfully at large within the meaning of Article 30 of
the Prison (Jersey) Law 1957[2].
20 Power
to release on licence other life prisoners
(1) The
Panel may, at any time, following a referral by the Minister, direct the Minister
to release from prison on licence a life prisoner in respect of whom there is
an order for a minimum sentence of more than 25 years (including a minimum
sentence for life) if –
(a) the life prisoner has served 25 years or more of his or
her sentence; and
(b) the Panel is satisfied that it is no longer necessary that
the life prisoner should be confined in prison for each of following the
purposes –
(i) retribution and deterrence to others,
(ii) rehabilitation of the prisoner, and
(iii) protection
of the public.
(2) A
life prisoner may require the Minister to refer his or her case to the Panel at
any time –
(a) after he or she has served 25 years of his or her
sentence; and
(b) where there has been a previous referral by the Minister
under this Article, after the end of the period of 2 years beginning with
the disposal of that referral.
(3) In
determining for the purposes of this Article whether a life prisoner has served
25 years or more of his or her sentence, no account shall be taken of any
time the prisoner is unlawfully at large within the meaning of Article 30
of the Prison (Jersey) Law 1957.
21 Power
to release on licence life prisoners on compassionate grounds
(1) The
Panel may, at any time, release a life prisoner from prison on licence on compassionate
grounds if it is satisfied that exceptional circumstances exist which justify
the prisoner’s release on compassionate grounds.
(2) Before
releasing a prisoner under paragraph (1), the Panel shall consult the Minister,
unless the circumstances are such to render such consultation impracticable.
PART 5
miscellaneous and closing provisions
22 Law not to
restrict application of certain other laws
Nothing in this Law restricts the application of any law relating to
previous convictions.
23 Transitional
provision – application to offences committed before this Law
comes into force
Nothing is to be taken to prevent or limit the application of this
Law to a person who commits an offence before the date that this Law comes into
force or to a person who, having been charged with an offence (regardless of
the plea entered), has not been sentenced before that date.
24 Repeal
The Criminal Justice (Mandatory Minimum Periods of Actual
Imprisonment) (Jersey) Law 2005[3] is repealed.
25 Saving provision
Notwithstanding the repeal of the Criminal Justice (Mandatory
Minimum Periods of Actual Imprisonment) (Jersey) Law 2005, Article 19
of that Law in relation to applications for orders shall be treated as if it continued
in force in respect of persons sentenced before that Law came into force and
references to the powers of the Royal Court under that Law shall be construed
as referring to the equivalent powers under this Law.
26 Court
of Appeal (Jersey) Law 1961 amended
In Article 24(2) of
the Court of Appeal (Jersey) Law 1961[4] for the words “the Criminal Justice (Mandatory Minimum
Periods of Actual Imprisonment) (Jersey) Law 2005” there shall be
substituted the words “Article 10 of the Criminal Justice (Life
Sentences) (Jersey) Law 2014[5]”.
27 Regulations
(1) The States may, by Regulations –
(a) make such transitional provisions and
savings as it considers necessary or expedient, or amend any enactment, in
consequence of any provision of this Law; or
(b) amend any provision
of this Law.
(2) Any Regulations under this Law may contain
such transitional, consequential, incidental or supplementary provisions as
appear to the States to be necessary or expedient for the purposes of the
Regulations.
28 Citation
This Law may be cited as the Criminal Justice (Life Sentences)
(Jersey) Law 2014 and shall come into force 7 days after it is
registered.
l.-m. hart
Deputy Greffier of the States