Criminal Justice
(Young Offenders) (Jersey) Law 2014
A LAW to replace the Criminal Justice
(Young Offenders) (Jersey) Law 1994 and to make provision for the establishment
of a Young Person’s Placement Panel in relation to the detention of persons
under 18 years and for connected purposes.
Adopted by the
States 2nd 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
opening
1 Interpretation
In this Law, unless the context otherwise requires –
“appropriate
place of custody” means –
(a) secure accommodation in the case of a male or female young
person; or
(b) in the case of a male young person only, a young offender
institution,
as determined by
the Panel in exercise of its functions under Article 18;
“child”
means a person who has attained the age of 10 years and has not attained
the age of 15 years;
“community service order” means an order made under
the Criminal Justice (Community Service Orders) (Jersey) Law 2001[1];
“Governor” has the
same meaning as in the Prison (Jersey) Law 1957[2];
“guardian” includes
a person who, in the opinion of the court hearing the case in which a person
under the age of 18 years is concerned, has for the time being care of
that person;
“Minister” means the
Minister for Home Affairs;
“Panel” means the Young
Person’s Placement Panel established under Article 17;
“prison”
or “the prison” means –
(a) the States of Jersey Prison at La Moye,
excluding such part that is a young offender institution;
(b) any other prison which may be built in Jersey; or
(c) any building or part of a building designated to be a prison
under Article 19(2) of the Prison (Jersey) Law 1957;
“Probation Law” means the Loi (1937) sur l’atténuation des
peines et sur la mise en liberté surveillée[3];
“probation officer” means a délégué appointed under Article 7
of the Probation Law;
“probation order” means an order made under the
Probation Law;
“remand”
refers to detaining a child, young person or young adult in custody pursuant to –
(a) a court order; or
(b) a warrant issued by the Bailiff or a Jurat,
where such child, young
person or young adult has not been convicted of an offence or who, having been
convicted, has not been sentenced;
“secure accommodation” has the same meaning as in Article 22
of the Children (Jersey) Law 2002[4];
“young adult” means a person who has attained the
age of 18 years and has not attained the age of 21 years;
“young offender institution”
means such part of the States of Jersey Prison at La Moye
that is a young offender institution provided by the Minister under Article 27
of the Prison (Jersey) Law 1957 or any
other building or part of a building that is so provided;
“young person” means a person who has attained
the age of 15 years and has not attained the age of 18 years;
“Youth Court” means
the Court continued under Article 24; and
“youth detention” means a sentence of youth detention
imposed under any of the following –
(a) Article 4(1);
(b) Article 6(1)
or (4); or
(c) Article 9(5)
(by virtue of Article 9(6)(b)).
PART 2
persons
under 21 – criminal responsibility, sentencing and custody
2 Age of criminal
responsibility
It shall be conclusively
presumed that no person under the age of 10 years can be guilty of an offence.
3 Prohibition on sentences
of imprisonment for children, young persons and young adults
(1) No
court shall pass a sentence of imprisonment on a person under the age of 21 years.
(2) Nothing
in paragraph (1) precludes a person under the age of 21 years serving
the whole or part of a sentence of youth detention in a prison in accordance with
the provisions of this Law.
4 Sentences of youth
detention for young persons and young adults
(1) Subject
to Article 5 and to the following provisions of this Article, where a
person who is a young person or a young adult is convicted of an offence which
is, in the case of a person aged 21 years or over, punishable with
imprisonment, the court may pass a sentence of youth detention.
(2) A
court shall not pass a sentence of youth detention unless it considers that no
other method of dealing with the person is appropriate because it appears to
the court that –
(a) the
person has a history of failure to respond to non-custodial penalties and is
unable or unwilling to respond to them;
(b) only
a custodial sentence would be adequate to protect the public from serious harm
from the person; or
(c) the
offence or the totality of the offending is so serious that a non-custodial
sentence cannot be justified,
and 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.
(3) Subject
to paragraph (6), the maximum term of a sentence of youth detention that a
court may impose is the same as the maximum term of imprisonment (including a
maximum term of imprisonment for life) which a court could impose on a person
aged 21 years or over for the same offence.
(4) A
court may pass consecutive sentences of youth detention in the same way as
consecutive sentences of imprisonment.
(5) Where
an offender serving a sentence of youth detention is aged 21 years or over
and is convicted of one or more further offences for which the offender is
liable to imprisonment, the court may pass one or more sentences of
imprisonment to run consecutively to the sentence of youth detention.
(6) Notwithstanding
paragraphs (3), (4) and (5), but subject to Article 5, a court shall
not pass on any one occasion a sentence or sentences on a young person the
effect of which would be that the offender would on that occasion be sentenced
to a term of youth detention exceeding 12 months and so much of any such
term for which an offender is sentenced as exceeds 12 months shall be
treated as remitted.
5 Custody where life
sentence fixed by law and sentences for serious offences
(1) Where
a child, young person or young adult is convicted of murder or any other
offence for which the sentence is fixed by law as imprisonment for life, the
court shall sentence the person –
(a) to custody for life if it appears to the court that, at the
time the offence was committed, the person had attained the age of 18 years;
or
(b) to be detained during her Majesty’s pleasure if it
appears to the court that, at the time the offence was committed, the person
was under the age of 18 years.
(2) A
person sentenced under paragraph (1)(b) shall be
detained in a place and under such conditions which the Secretary of State may
direct, and pending those directions shall be detained in such place and under
such conditions as the Royal Court shall direct.
(3) Where –
(a) a young person is convicted of any offence that is punishable,
in the case of a person aged 21 years or over, with imprisonment for 14 years
or more;
(b) the offence is not an offence for which the sentence is
fixed by law; and
(c) the court is of the opinion that none of the other methods
in which the case may legally be dealt with is suitable,
the court may
sentence the offender to be detained for such period, not exceeding the maximum
term of imprisonment for which the offence is punishable in the case of a
person aged 21 years or over, as may be specified in the sentence.
(4) Where
a sentence under paragraph (3) has been passed, the person so sentenced
shall be detained in such place and under such conditions as the Secretary of
State may direct, and pending those directions shall be detained in such place
and under such conditions as the Royal Court shall direct.
6 Sentence of youth
detention for default
(1) Where
in the case of a person aged 21 years or over a court could –
(a) fix
a term of imprisonment in the event of default of payment of a fine, a
compensation order or a sum due under a recognizance;
(b) commit
the person to prison as the result of such default;
(c) commit
the person to prison for contempt of court or any kindred offence,
the court may, in
the case of a person who has attained the age of 17 years but is under the
age of 21 years, sentence the person to youth detention for a term not
exceeding the term of imprisonment.
(2) A
court shall not sentence a person to youth detention under paragraph (1)
unless it is of the opinion that no other method of dealing with the person is
appropriate and it states its reasons in open court.
(3) Articles 4,
5 and 6 of the Criminal Justice (Jersey)
Law 1957[5] and Articles 3 and 5 of
the Criminal Justice (Compensation Orders)
(Jersey) Law 1994[6] shall apply as if –
(a) references to imprisonment were references to youth
detention under this Article;
(b) in
the case of a young person or young adult detained in a young offender
institution, references to the Articles to the prison were construed to refer
to the young offender institution; and
(c) in the case of a young person detained in secure
accommodation, references to the prison were to that secure accommodation and references
to the prison governor were to the person in charge of managing the secure accommodation.
(4) Notwithstanding
anything in Article 5 of the Criminal
Justice (Jersey) Law 1957 or Article 5 of the Criminal Justice (Compensation Orders) (Jersey)
Law 1994, where a court has made an order under either Article 4
of the Criminal Justice (Jersey) Law 1957
or, as the case may be, Article 3 of the Criminal Justice (Compensation Orders) (Jersey)
Law 1994, in respect of a person under the age of 21 years and
that person is in default of that order, the officer responsible for the
recovery of the fine or the sum due under the recognizance shall bring the
person before the court which made the order and the court, after making such
enquiry into the reasons for the default as appears to it to be requisite may,
either –
(a) order
that the person shall forthwith serve the sentence of youth detention for the
term which has been fixed previously; or
(b) make
such other order with respect to the person as appears to be just.
7 Place
of custody for young persons and young adults sentenced to youth detention
(1) Where
a court orders a young adult to be sentenced to youth
detention, the court shall order the person to be detained –
(a) in the case of a male young adult, in a young offender
institution; or
(b) in the case of a female young adult, the prison.
(2) Where
a court orders a young person to be sentenced to youth detention, the court
shall order the person to be detained in an appropriate place of custody.
(3) If
a young person is required to be detained in an appropriate place of custody
before a decision can be taken by the Panel determining the appropriate place
of custody, the young person shall, pending such decision, be remanded to
secure accommodation unless, in the opinion of the court, having regard to all
the relevant circumstances at the time –
(a) in
the case of a male young person, a young offender institution is considered to
be more suitable for meeting his particular needs, including where no
accommodation, or no suitable accommodation, is available in secure
accommodation for him; or
(b) in the case of a female young person, the prison is
considered to be more suitable for meeting her particular needs, including
where no accommodation, or no suitable accommodation, is available in secure
accommodation for her.
(4) Without
prejudice to the exercise of powers under Article 10, the Panel shall
determine the appropriate place of custody for a 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 young person is so detained.
8 Matters affecting a
court’s power to pass a sentence of youth detention
(1) For
the purpose of determining whether there is an appropriate method of dealing
with an offender other than by passing a sentence of youth detention the court
shall obtain and consider information about the circumstances and shall take
into account information before the court which is relevant to the
offender’s character and physical and mental condition, and in particular
the court shall, unless it considers it unnecessary to do so in a particular
case, obtain a report on the offender from a probation officer.
(2) If
the Youth Court or the Magistrate’s Court imposes a sentence of youth
detention without having obtained a report from a probation officer it shall
state in open court the reasons why it considered the report unnecessary.
9 Supervision of young
offenders after release from youth detention
(1) Where
a person who has been sentenced to a term of youth detention of 4 months
or more is released from custody the person shall on being so released be under
the supervision of a probation officer.
(2) The
period of supervision under paragraph (1) shall end with –
(a) the
date on which the person would have been released from custody if the person
had not been granted remission under the Prison
(Jersey) Law 1957; or
(b) the
person’s 22nd birthday,
whichever is
sooner, but in any event shall not extend more than 12 months from the
date of the person’s release.
(3) While
a person is under supervision the person shall comply with such written
requirements as the Minister, after consultation with that person’s
supervisor, shall notify to the person.
(4) The
Minister may, after consulting with the person’s supervisor, at any time
modify or cancel any of the requirements notified in accordance with paragraph (3)
and shall give written notice to the person under supervision of any such
cancellation or modification.
(5) If
a person who is subject to supervision under this Article fails without
reasonable excuse to comply with any requirement or modified requirement
notified to the person under paragraph (3) or (4) the person shall be
guilty of an offence and liable to –
(a) a
fine of level 2 on the standard scale; or
(b) an
appropriate custodial sentence for a period of 30 days.
(6) In paragraph (5)
“appropriate custodial sentence” means a sentence –
(a) of
imprisonment if the offender is aged 21 years or over when the offender is sentenced; or
(b) of
youth detention in –
(i) an appropriate place of custody in the case of an offender
who is a young person when sentenced,
(ii) a young offender institution in the case of an offender who
is a male young adult when sentenced, or
(iii) the
prison in the case of an offender who is a female young adult when sentenced.
(7) A
person released from a custodial sentence passed under paragraph (5) shall
not be liable to a period of supervision in consequence of the person’s
conviction under that paragraph.
(8) A
person’s conviction under paragraph (5) shall not affect any
liability to supervision to which the person was previously subject, and that
liability shall accordingly continue until the end of the relevant period.
10 Power of Governor to move young adults
and young persons in certain circumstances
(1) The
Governor may require a person who is a male young adult remanded in custody or
serving a sentence of youth detention to be moved to the prison, either for a
fixed term or for the remaining part of the person’s sentence or for the period
of the person’s remand if the Governor is of the opinion that –
(a) by reason of that
person’s behaviour it is not in the person’s interests or the
interests of other persons detained in the same young offender institution as
him, to detain him in such an institution; or
(b) having
regard to all relevant circumstances, the prison better meets the needs of the
particular person.
(2) The
Governor’s powers under paragraph (1) shall be exercised after
consultation with the Panel in respect of a male person who has attained the
age of 18 years whilst on remand in custody or serving a sentence of youth
detention.
(3) The
Governor, with the agreement of the Panel and after the giving of written
reasons, may require a female young person remanded in custody or serving a
sentence of youth detention to be moved to the prison if the Panel is of the
opinion that –
(a) by
reason of the person’s behaviour it is not in the person’s interests
or the interests of the other persons detained in the same secure accommodation
as her to detain her in such accommodation; or
(b) having
regard to all the relevant circumstances, the prison is more suitable for meeting
her particular needs, including where no accommodation, or no suitable
accommodation, is available in secure accommodation for her.
(4) In
cases of urgency, a female young person may be moved under paragraph (3) before
the agreement of the Panel or its opinion has been obtained or written reasons
given, but the Panel’s opinion must be obtained and written reasons for
the move must be given as soon as possible after the move has taken place.
(5) The
Governor may, if he or she considers it necessary in all the circumstances of
the case, require a young adult or young person who is required to be detained
in the prison or a young offender institution under this Law to be moved to a
prison medical facility or to a hospital for medical treatment.
(6) Where
a person is transferred under this Article, the person shall be in lawful
custody during the period of the transfer and the period of transfer shall be
treated, where applicable, for all purposes as a part of the person’s
sentence.
11 Attendance at court of parents of child
or young person brought before court
(1) Where
a child or young person is charged with an offence or is for any other reason
brought before a court, a person who is a parent or guardian of that person and
who is resident in Jersey shall, and if not so resident may be required by the
Court, to attend at the court before which the case is held or determined
during all the stages of the proceedings.
(2) Paragraph (1)
does not apply if the court is satisfied that it would be unreasonable to
require the parent or guardian’s attendance or that the parent or
guardian’s attendance at any stage of the proceedings is unnecessary.
(3) In
relation to a person –
(a) for whom the Minister for Health and Social Services has
parental responsibility; or
(b) whom that Minister is looking after (within the meaning of
the Part 3 of the Children (Jersey) Law 2002),
the reference in paragraphs (1)
and (2) to a person who is a parent or guardian of that person shall be
construed as a reference to an officer of an administration of the States for
which that Minister has responsibility.
(4) Where
a child or young person is apprehended, such steps shall be taken as may be
practicable to inform at least one person whose attendance is, or may be,
required under this Article of that fact and of the place and time at which the
person’s attendance at the court is or may be required.
12 Power to order parent or guardian to
pay fine, etc.
(1) Where
a child or young person is charged with an offence for the commission of which
a fine or costs may be imposed, if the court is of the opinion that the case
would be best met by the imposition of a fine or costs, whether with or without
any other punishment, the court may, and shall if the offender is a child, order
that the fine or costs awarded be paid by a parent or guardian of the offender
instead of by the offender, unless the court is satisfied –
(a) that
no parent or guardian can be found; or
(b) that
it would be unreasonable to make such an order having regard to the
circumstances of the case.
(2) In
the case of a child or young person charged with an offence, the court may
order a parent of the person or the person’s guardian to give security
for the person’s good behaviour.
(3) An
order under this Article may be made against a parent or guardian who, having
been required to attend, has failed to do so, but except in that case, no such
order shall be made without giving the parent or guardian an opportunity of
being heard.
(4) Sums
ordered to be paid by a parent or guardian, either under this
Article or on forfeiture of security for good behaviour, may be recovered from the
parent or guardian and shall be disposed of as if the order had been
made on the conviction of the parent or guardian of the offence with which the
offender was charged.
(5) A
parent or guardian may appeal against an order under this Article as if the
parent or guardian had been convicted of the offence with which the offender
was charged.
13 Offences committed by a child
(1) In
any proceedings for an offence committed or alleged to have been committed by a
person who has attained the age of 21, any offence of which the person was
convicted while a child shall be disregarded for the purposes of any evidence relating
to the person’s previous convictions.
(2) A
person to whom paragraph (1) applies shall not be asked, and if asked
shall not be required to answer, any question relating to such an offence,
notwithstanding that the question would otherwise be admissible under Article 2
of the Loi (1908) au sujet des témoins et informateurs[7].
14 Determination of age
For the purposes of this
Law, the age of a person shall be deemed to be or to have been that which
appears to the court, after receiving any available evidence, to be or to have
been the person’s age at the material time.
15 Saving with regard to court
proceedings involving children
Nothing in this Law shall derogate from the provisions of Articles 4
to 8 of the Criminal Justice (Evidence of Children) (Jersey) Law 2002[8] and Article 73 of the
Children (Jersey) Law 2002.
part 3
remand
16 Remand of children, young persons and
young adults
(1) This
Article applies to a person who is a child, young person or young adult.
(2) Where
a person to whom this Article applies is lawfully remanded in custody, the
person must be remanded to –
(a) secure accommodation if the person is a child;
(b) subject
to paragraph (3), an appropriate place of custody if the person is a young
person;
(c) a young offender institution if the person is a male young
adult; or
(d) the prison if the person is a female young adult.
(3) If
a young person is required to be remanded in custody before a decision can be
taken by the Panel determining an appropriate place of custody, the young
person shall, pending such decision, be remanded to secure accommodation
unless, in the opinion of the court or person who orders the person to be
remanded in custody, having regard to all the relevant circumstances at the
time –
(a) in
the case of a male young person, a young offender institution is considered to
be more suitable for meeting his particular needs, including where no accommodation,
or no suitable accommodation, is available in secure accommodation for him; or
(b) in the case of a female young person, the prison is
considered to be more suitable for meeting her particular needs, including
where no accommodation, or no suitable accommodation, is available in secure
accommodation for her.
(4) Without
prejudice to the exercise of powers under Article 10, the Panel shall
determine the appropriate place of custody for a 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 young person is so remanded.
(5) A
place to which a person is remanded under paragraph (2) or (3) is referred
to in this Article as a “place of custody”.
(6) A
person to whom this Article applies who is being detained for the purposes of,
or whilst, being conveyed to a place of custody, shall be deemed to be in lawful
custody.
(7) A
person who –
(a) knowingly
assists or induces a person to whom this Article applies to escape from a place
of custody;
(b) without
lawful authority takes a person to whom this Article applies away from a place
of custody; or
(c) knowingly
harbours or conceals a person to whom this Article applies who has so escaped
or been taken away, or prevents the person from returning to a place of custody,
shall be guilty of
an offence and liable to a fine and imprisonment for a term of 2 years.
(8) The
Bailiff or a Jurat may issue a warrant remanding in
custody a person to whom this Article applies and a person who is so remanded,
or a person to whom this Article applies who is remanded in custody pursuant to
a court order, is a person lawfully remanded in custody for the purposes of
this Article.
part 4
young person’s placement panel
17 Young
Person’s Placement Panel
(1) The
Young Person’s Placement Panel shall be established.
(2) The
Young Person’s Placement Panel shall be a body corporate with perpetual
succession and may –
(a) sue and be sued in its corporate name; and
(b) so
far as is possible for a body corporate, exercise the rights and privileges and
incur the liabilities and obligations of a natural person of full age and
capacity.
18 Functions
of the Panel
The Panel shall have the following functions –
(a) determining the appropriate place of custody for a young
person to serve a sentence of youth detention or to be remanded in custody;
(b) reviewing
its decision concerning its placement of a young person in an appropriate place
of custody within one month of the start of such placement and thereafter at
intervals not exceeding 3 months and, where it thinks it appropriate to do
so, requiring that young person to be moved to another appropriate place of
custody (if available);
(c) in
the case of a female young person who is detained in the prison in exercise of
powers under Article 7, 10 or 16, reviewing the initial decision to
place her in prison within a week of the start of such placement and,
thereafter, at intervals not exceeding 1 month and, where it thinks
appropriate to do so, requiring that she be moved to an appropriate place of
custody;
(d) making assessments of young persons for the purpose of
exercising its functions under this Article;
(e) making arrangements for the delivery of a child or young person
to such place of detention as the Royal Court directs under Article 5(2) or
(4).
19 Matters
to be taken into account by the Panel when exercising its functions
In exercise of its functions under Article 18, the Panel shall consider
what is in the best interests of the young person and of any other person who
is or may be detained in the same place having regard to –
(a) the behaviour of the young person;
(b) any
likely impact of the behaviour of other persons detained in a place of custody
on the young person and any likely impact of the behaviour of the young person
on other persons detained in the same place;
(c) the views of the young person;
(d) the opinion of any person having parental responsibility for
the young person;
(e) the educational needs of the young person;
(f) such other matters as the Panel considers relevant; and
(g) such other matters as the Minister may direct under Article 20.
20 Functions
of the Minister
The Minister may issue directions to the Panel concerning the
policies and any criteria which the Panel must take into account under Article 19
when exercising its functions under Article 18.
21 Powers
of the Panel
The Panel shall have the powers necessary or expedient to perform
its functions including entering into contracts or other arrangements with any
person for the purpose of exercising its functions.
22 States
to make Regulations concerning the Panel
The States shall, by Regulations, make provision for the appointment
of members of the Panel and their removal, the holding of meetings of the Panel,
rights of appeal by a young person against decisions of the Panel, and all such
other matters relating to the constitution and governance of the Panel as the
States think fit.
23 Liability
(1) No
person to whom this Article applies shall be liable in damages for anything
done or omitted to be done in the discharge of any functions under this Law.
(2) Paragraph
(1) does not apply –
(a) if it is shown that the act or omission was done in bad
faith; or
(b) so as to prevent an award of damages made in respect of an
act or omission on the ground that such act or omission was unlawful as a
result of Article 7(1) of the Human Rights ( Jersey) Law 2000[9].
(3) This
Article applies to –
(a) the Panel and to any member of the Panel;
(b) the Youth Court and to any member of the Youth Court;
(c) to the Governor and to anyone acting on his or her behalf.
PART 5
THE YOUTH COURT
24 Youth Court
(1) The
Youth Court established under the Criminal Justice (Young Offenders) (Jersey)
Law 1994[10] shall continue.
(2) The
Youth Court shall have the jurisdiction conferred upon it by this or any other
enactment.
(3) The
Schedule shall have effect in relation to the constitution and procedures of
the Youth Court.
(4) Subject
to the provisions of this Law, the provisions of any other enactment relating
to the practice and procedure in the Magistrate’s Court shall apply to
the practice and procedure in the Youth Court.
25 Persons
to whom this Part applies
A person to whom this Part applies is a child or young person.
26 Jurisdiction of Youth Court
(1) The
Youth Court shall have the same powers as are vested in the Magistrate’s
Court and shall have jurisdiction to hear charges against persons to whom this
Part applies regardless of whether such a person attains the age of 18
before proceedings are completed, but, subject to paragraph (2) –
(a) a
charge made jointly against a person to whom this Part applies and a person who
has attained the age of 18 years shall be heard by the Magistrate’s Court and not by the Youth Court;
(b) where a person to whom
this Part applies is charged with an offence, the charge may be heard by the Magistrate’s Court if a person who
has attained the age of 18 years is charged at the same time with aiding,
abetting, causing, procuring, allowing or permitting that offence;
(c) where,
in the course of proceedings before the Magistrate’s Court, it appears that the person to whom the proceedings relate
is a person to whom this Part applies, nothing in this paragraph shall be
construed as preventing the Magistrate’s Court, if it thinks fit, from continuing with the hearing and
determination of those proceedings.
(2) Notwithstanding
the fact that the Magistrate’s Court has heard a case involving a person to
whom this Part applies, where that person is convicted of an offence and is, on
the date of conviction, still under the age of 18 years, the Court may
remand the person in custody or on bail for sentence by the Youth Court.
(3) For
the avoidance of doubt, it is declared that, in respect of a person to whom
this Part applies, Article 3(2) of the Magistrate’s Court (Miscellaneous
Provisions) (Jersey) Law 1949[11] concerning committing the accused for trial before the Royal Court shall
apply as if the reference to the Magistrate were to the Youth Court.
27 Procedure in Youth Court
(1) The
Youth Court shall sit as often as may be necessary for the purpose of exercising
the jurisdiction conferred on it by or under this Law or any other enactment
and, unless there are no cases before the Court, it shall sit on at least one
occasion in each week.
(2) No
person shall be present at a sitting of the Youth Court except –
(a) members
and officers of the court;
(b) parties
to the case before the court, their advocates and solicitors, and witnesses and
other persons directly concerned in that case;
(c) bona fide
representatives of newspapers, news agencies or sound or television
broadcasting companies;
(d) such
other persons as the court may specially authorize to be present.
28 Miscellaneous provisions as to powers
of Youth Court
(1) The
Youth Court sitting for the purpose of hearing a charge against, or an
application relating to, a person who is believed to be a person to whom this
Part applies may, if it thinks fit to do so, proceed with the hearing and
determination of the charge or application, notwithstanding that it is
subsequently discovered that the person in question had attained the age of 18 years
prior to the charge or application being made.
(2) The
attainment of the age of 18 years by a person in respect of whom a
probation order or community service order is in force, or a person in whose
case an order for conditional discharge has been made, shall not deprive the
Youth Court of jurisdiction to enforce the person’s attendance and deal
with the requirements of the probation order or community service order, or the
commission of a further offence, or to amend or discharge the probation order or
community service order.
29 Appeals from Youth Court
(1) There
shall be a Youth Appeal Court consisting of the Bailiff and 3 members of
the panel appointed under paragraph 1 of the Schedule who were not members
of the Youth Court from which the appeal is being heard.
(2) A
person convicted by the Youth Court may appeal to the Youth Appeal Court and
the provisions of Part 5 of the Magistrate’s
Court (Miscellaneous Provisions) (Jersey) Law 1949, shall apply mutatis mutandis to any such appeal.
part 6
REPEALS, TRANSITIONAL AND SAVINGS
PROVISIONS AND CONSEQUENTIAL AMENDMENTS
30 Repeal of the Criminal Justice (Young
Offenders) (Jersey) Law 1994
The Criminal Justice
(Young Offenders) (Jersey) Law 1994[12] shall be repealed.
31 Children (Jersey) Law 2002
amended
In the Children (Jersey) Law 2002[13] after Article 22(1)
there shall be added the following paragraphs –
“(1A) A young person within the meaning of the
Criminal Justice (Young Offenders) (Jersey) Law 2014[14], who having been sentenced
to youth detention or remanded in custody is required to be detained in secure
accommodation shall be treated for the purposes of this Law as a child who is
being looked after by the Minister.
(1B) Where paragraph (1A) applies the conditions in paragraph (1)
and the remaining paragraphs of this Article do not apply.”.
32 Consequential
amendments, savings and transitional provisions
The States may, by Regulations –
(a) amend any enactment in consequence of any provision of this
Law;
(b) make such transitional provisions and savings as it
considers necessary or expedient, including amendment of this Law, in respect
of any provision of this Law.
part 7
closing
33 Citation
This Law may be cited as the Criminal Justice (Young Offenders)
(Jersey) Law 2014 and shall come into force on such day or days as the
States may by Act appoint.
l.-m. hart
Deputy Greffier of the States