Crime (Disorderly
Conduct and Harassment) (Jersey) Law 2008
A LAW to create an offence of
threatening, abusive, or disorderly conduct and an offence of harassment, to
enable restraining orders to be imposed in respect of persons convicted of
harassment, and for related purposes.
Adopted by the
States 18th June 2008
Sanctioned by
Order of Her Majesty in Council 5th November 2008
Registered by the
Royal Court 14th
November 2008
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, unless the contrary intention
appears –
“dwelling” means any
structure or part of a structure occupied as part of a person’s home or
as other living accommodation (whether the occupation is separate or shared
with others) but does not include any part not so occupied, and for this
purpose “structure” includes a tent, caravan, vehicle, vessel or
other temporary or movable structure;
“intoxication” means
any intoxication, whether caused by drink, drugs or other means, or by a
combination of means;
“motor vehicle”
means a motor vehicle within the meaning of the Motor Vehicle Registration
(Jersey) Law 1993[1].
2 Threatening,
abusive or disorderly conduct
(1) A
person commits an offence if he or she –
(a) uses
words that are threatening or abusive;
(b) behaves
in a threatening or abusive way; or
(c) engages
in disorderly behaviour,
within the hearing or sight of another person likely to be caused alarm or distress by the words or behaviour.
(2) An
offence under paragraph (1) may be committed in a public or a private
place (including a dwelling), except that no offence is committed if the words,
or behaviour, are used by a person inside a dwelling and the other person is
also inside that dwelling.
(3) A
person commits an offence under paragraph (1) only if –
(a) in
a case referred to in paragraph (1)(a) or (b), he or she intends his or
her words, or behaviour, to be threatening or abusive, or is aware that the
words, or the behaviour, may be threatening or abusive; or
(b) in a
case referred to in paragraph (1)(c), he or she intends his or her
behaviour to be, or is aware that it may be, disorderly.
(4) For
the purposes of this Article a person whose awareness is impaired by
intoxication shall be taken to be aware of that of which he or she would be
aware if not intoxicated, unless he or she shows either that his or her
intoxication was not self-induced or that it was caused solely by the taking or
administration of a substance in the course of medical treatment.
(5) It
is a defence for the accused to prove that –
(a) he
or she had no reason to believe that there was any person within hearing or
sight who was likely to be caused alarm or distress;
(b) he
or she was inside a dwelling and had no reason to believe that the words or
behaviour used would be heard or seen by a person outside that dwelling; or
(c) his
or her conduct was reasonable.
(6) A
person who commits an offence under paragraph (1) shall be liable to
imprisonment for a term of 3 months and a fine of level 3 on the
standard scale.
3 Harassment
(1) A person
commits an offence if he or she pursues a course of conduct –
(a) that
amounts to harassment of another person; and
(b) that
he or she knows, or ought to know, amounts to harassment of another person.
(2) For
the purposes of this Article, a person ought to know that his or her course of
conduct amounts to harassment of another person if a reasonable person in
possession of the same information would think the course of conduct amounted
to harassment of the other person.
(3) A
person who commits an offence under paragraph (1) shall be liable to
imprisonment for a term of 6 months and a fine of level 4 on the standard
scale.
(4) In
this Article, to harass a person includes to alarm the person or to cause the
person distress.
(5) In
this Article and Article 4, a course of conduct –
(a) includes
speech;
(b) includes
conduct of a kind that occurs on one occasion and conduct of a different kind
that occurs on another occasion; and
(c) does
not include conduct that occurs on only one occasion.
4 Defence
to charge of harassment
It is a defence for a person who is accused of an offence under
Article 3(1) in relation to a course of conduct pursued by the person if
the person proves that –
(a) the
course of conduct was pursued for the purpose of preventing or detecting an
offence;
(b) the
course of conduct was pursued under an enactment or customary law or so as to
comply with a condition or requirement imposed by a person under an enactment
or customary law; or
(c) in
the particular circumstances the pursuit of the course of conduct was
reasonable.
5 Restraining
order may be made if harassment has occurred
(1) If
a court convicts a person of an offence under Article 3(1), a person
presenting or prosecuting the case against the convicted person may apply to
the court to make a restraining order against the convicted person.
(2) A
court to which an application is made under paragraph (1) may, in addition
to any other order or penalty that the court may make or impose, make a
restraining order against the person to whom the application relates if the
court is satisfied on the balance of probabilities that it is appropriate to do
so in order to ensure that the person will not commit a further offence under
Article 3(1).
(3) A
restraining order shall prohibit the person against whom it is made from
engaging in conduct of the kind specified in the order.
(4) A
restraining order made against a person may prohibit the driving of a motor
vehicle by the person or the driving of a motor vehicle by the person other
than in circumstances specified in the order, if a motor vehicle was used by
the person in committing an offence under Article 3(1).
(5) A
restraining order shall specify the period for which it is to remain in force
(which period may be specified to be of an indeterminate period).
6 Breach
of order
(1) A
person against whom an order is made under Article 5 who breaches the
order commits an offence.
(2) A
person who commits an offence under paragraph (1) shall be liable to
imprisonment for 12 months and a fine of level 4 on the standard
scale.
7 Amendment
or revocation of restraining order
(1) A
person against whom an order is made under Article 5 may apply to the
court by which the order was made to have the order amended or revoked.
(2) A
court to which an application is made under paragraph (1) in relation to
an order made under Article 5 may amend or revoke the order if it is
satisfied that it is appropriate to do so.
8 Parties to offences
Any person who aids, abets, counsels or procures the commission of
an offence under this Law shall also be guilty of the offence and liable in the
same manner as a principal offender to the penalty provided for that offence.
9 Citation
and commencement
This Law may be cited as the Crime (Disorderly Conduct and
Harassment) (Jersey) Law 2008 and shall come into force 7 days after it is
registered.
m.n. de la haye
Greffier of the States