Criminal Justice (Compensation Orders) (Amendment No. 2) (Jersey) Law 2014

Criminal Justice (Compensation Orders) (Amendment No. 2) (Jersey) Law 2014

A LAW to amend further the Criminal Justice (Compensation Orders) (Jersey) Law 1994.

Adopted by the States                                            9th September 2014

Sanctioned by Order of Her Majesty in Council 10th December 2014

Registered by the Royal Court                             19th December 2014

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 (Compensation Orders) (Jersey) Law 1994[1].

2        Article 3 amended

For Article 3(2) of the principal Law there shall be substituted the following paragraph –

“(2)    A default sentence shall not exceed the maximum term of imprisonment within the jurisdiction for the time being of the Magistrate’s Court in the case of an order made by –

(a)     the Magistrate’s Court;

(b)     the Youth Court; or

(c)     the Royal Court on appeal against a decision of the Magistrate’s Court.”.

3        Article 6 amended

In Article 6(1) and (3) of the principal Law, for the words “Article 3(2)” there shall be substituted the words “Article 3(4)”.

4        Article 7 amended

In Article 7 of the principal Law –

(a)     in paragraph (1) for the words from “At any time” to “it appears to the court –” there shall be substituted the following words –

“(1)    At any time before a person against whom a compensation order has been made or a person who is ordered to pay compensation under Article 3(4) has paid the Viscount the whole of the compensation which the person is required to pay but at a time (disregarding any power of a court to grant leave to appeal out of time) when there is no further possibility of an appeal on which the compensation order could be varied or set aside, the court which made the compensation order may, on the application of such a person, discharge or reduce the amount which remains to be paid if it appears to the court –”;

(b)     in paragraph (1)(c) after the words “person against whom the order was made” there shall be inserted the words “or a person who is ordered to pay compensation under Article 3(4)”;

(c)     after paragraph (1) there shall be inserted the following paragraph –

“(1A) At any time before the person against whom a compensation order has been made or a person who is ordered to pay compensation under Article 3(4) has paid to the Viscount the whole of the compensation which the person is required to pay, the court which made the compensation order may, on the application of such a person, vary the time allowed for payment of the amount which remains to be paid, including any date by which any instalment must be paid.”;

(d)     in paragraph (2) for the words “this Article” there shall be substituted the words “paragraph (1)”.

5        Citation and commencement

This Law may be cited as the Criminal Justice (Compensation Orders) (Amendment No. 2) (Jersey) Law 2014 and shall come into force 7 days after the day it is registered.

l.-m. hart

Deputy Greffier of the States

 


 



[1]                                    chapter 08.200


Page Last Updated: 15 Apr 2016