Sexual Offences (Consequential
Amendments) (Jersey) Regulations 2018
Made 6th November 2018
Coming into force 23rd
November 2018
THE STATES make these Regulations under Article 46 of the Sexual Offences
(Jersey) Law 2018[1] –
1 Employment
(Jersey) Law 2003
In Article 90(11) of the Employment (Jersey) Law 2003[2], for the definition
“sexual offence” there is substituted –
“ “sexual
offence” means –
(a) an offence under the Sexual Offences
(Jersey) Law 2018[3];
(b) any other offence that is a relevant offence
within the meaning of the Sex Offenders (Jersey) Law 2010[4];
(c) an offence of attempting to commit an
offence in sub-paragraph (a) or (b);
(d) an offence of conspiracy or incitement to
commit an offence in sub-paragraph (a) or (b); or
(e) an offence of aiding, abetting, counselling
or procuring an offence in sub-paragraph (a), (b) or (c).”.
2 Criminal
Justice (Anonymity in Sexual Offence Cases) (Jersey) Law 2002
In the Criminal Justice (Anonymity in Sexual Offence Cases) (Jersey)
Law 2002[5] –
(a) for
Article 2(a) to (f) there is substituted –
“(a) an offence under the Sexual
Offences (Jersey) Law 2018[6], or under a provision of an
enactment or customary law repealed or abolished by that Law (if the offence is
alleged to have been committed before that repeal or abolition);
(b) a customary law offence of indecent assault or
indecent exposure;
(c) an offence under Article 2 of the
Protection of Children (Jersey) Law 1994[7];
(d) an offence under Articles 75 or 76 of the
Mental Health (Jersey) Law 2016[8], or an offence under Article 38
of the Mental Health (Jersey) Law 1969[9] (if the offence is alleged
to have been committed before the repeal of that Law);”;
(b) in the
heading of Article 5, “or sodomy” is deleted;
(c) in Article 5(1)
for “incest is alleged to have been committed if that person is accused
of having committed incest against the other person who is alleged to have
committed incest” there is substituted “an offence under
Article 34 of the Sexual Offences (Jersey) Law 2018 is alleged to have
been committed, if that person is accused of having committed an offence under
that Article against the other person who is alleged to have committed the
offence”;
(d) Article
5(2) is deleted;
(e) in Article 5(3)
for “Paragraph (1) or (2)” there is substituted
“Paragraph (1)”,
(f) in
Article 5(4) for “a reference to incest includes an attempt to
commit that offence and a reference to sodomy includes an attempt to commit
that offence” there is substituted “a reference to an offence under
Article 34 of the Sexual Offences (Jersey) Law 2018 includes a
customary law offence of incest (if alleged to have been committed before the
abolition of that offence), and an attempt to commit either of those offences”.
3 Criminal
Justice (Evidence of Children) (Jersey) Law 2002
In the Criminal Justice (Evidence of Children) (Jersey) Law 2002[10] –
(a) for
Article 2(1)(b)(ii) and (iii) there is substituted –
“(ii) the
Sexual Offences (Jersey) Law 2018[11], or under a provision of an
enactment or customary law repealed or abolished by that Law,
(iii) Part 10
of the Mental Health (Jersey) Law 2016[12], or Article 37 or 38 of
the Mental Health (Jersey) Law 1969[13] (if the offence is alleged
to have been committed before the repeal of that Law), or”;
(b) for
Article 2(1)(c) there is substituted –
“(c) a customary law offence of
indecent assault, indecent exposure, or outraging public decency; or”;
(c) in
the Schedule, for the third, fourth and fifth paragraphs there is
substituted –
“An offence under the
Sexual Offences (Jersey) Law 2018, or an offence repealed or abolished by that
Law, or an attempt to commit either of those descriptions of offence.
A customary law offence of
indecent assault or indecent exposure, or an attempt to commit such an offence.
An offence under any of
Articles 74 to 76 of the Mental Health (Jersey) Law 2016, or an offence
under Article 38 of the Mental Health (Jersey) Law 1969 (if the offence is
alleged to have been committed before the repeal of that Law), or an attempt to
commit either such an offence.
An offence under Article 11(14)
of the Sex Offenders (Jersey) Law 2010[14].”.
4 Places
of Refreshment (Jersey) Law 1967
In Article 8(2)(b) of the Places of Refreshment (Jersey) Law
1967[15] –
(a) after
“fraud or dishonesty,” there is inserted “of any relevant
offence within the meaning of the Sex Offenders (Jersey) Law 2010[16],”;
(b) clause (i)
is deleted.
5 Children
(Jersey) Law 2002
In paragraph 2 of Schedule 4 to the Children (Jersey) Law 2002[17], for sub-paragraphs (c)
to (e), there is substituted –
“(c) an offence against a child
under the Sexual Offences (Jersey) Law 2018[18];
(d) an offence against a child under any
provision of an enactment or of customary law that was repealed by the Sexual
Offences (Jersey) Law 2018;
(e) any other offence that is a relevant offence
within the meaning of the Sex Offenders (Jersey) Law 2010[19];”.
6 Matrimonial
Causes Rules 2005
In Rule 6(2) of the Matrimonial Causes Rules 2005[20], for “rape upon a
named person”, there is substituted “an offence upon a named
person, being an offence the facts of which also constitute adultery”.
7 Connétables
(Jersey) Law 2008
In Article 4A of the Connétables (Jersey) Law 2008[21] –
(a) in
paragraph (1)(c), for clauses (iv) to (vi) there is substituted –
“(iv) any
offence that is a relevant offence within the meaning of the Sex Offenders
(Jersey) Law 2010[22],”;
(b) in
paragraph (1A)(b), for “would not be an offence” there is
substituted “would not have been an offence”.
8 States
of Jersey Law 2005
In Article 9 of the States of Jersey Law
2005[23] –
(a) in
paragraph (1)(c), for clauses (iv) to (vi) there is substituted –
“(iv) any
offence that is a relevant offence within the meaning of the Sex Offenders
(Jersey) Law 2010[24],”;
(b) in
paragraph (1A)(b), for “would not be an offence” there is
substituted “would not have been an offence”.
9 Terrorism
(Jersey) Law 2002
In paragraph 9(2) of Schedule 9 to the Terrorism (Jersey) Law
2002[25] –
(a) clauses (a)(iv),
(a)(vi) and (a)(vii) are deleted;
(b) for
clause (b)(ii) there is substituted –
“(ii) Articles
5 to 7, 9 to 12, and 14 to 18 of the Sexual Offences (Jersey) Law 2018[26],
(iia) Articles
28, 29, 35 and 36 of the Sexual Offences (Jersey) Law 2018, if the offence
is against a child,
(iib) Article 40
of the Sexual Offences (Jersey) Law 2018, if the relevant offence for the
purpose of that Article is an offence under a provision mentioned in sub-clause (ii)
or (iia),”.
10 Police
Procedures and Criminal Evidence (Jersey) Law 2003
In Schedule 1 to the Police Procedures and Criminal Evidence (Jersey)
Law 2003[27] –
(1) in
Part 1, paragraphs 4, 6 and 7 are deleted;
(2) in
Part 2, for paragraph 2 there is substituted –
“2. Articles 5 to 7, 9 to
12, and 14 to 18 of the Sexual Offences (Jersey) Law 2018[28].
2a. Articles 28, 29, 35 and 36 of the Sexual
Offences (Jersey) Law 2018, if the offence is against a child.
2b. Article 40 of the Sexual Offences
(Jersey) Law 2018, if the relevant offence for the purpose of that Article
is an offence under a provision mentioned in paragraph 2 or 2a.”.
11 Citation
and commencement
These Regulations may be cited as the Sexual Offences (Consequential
Amendments) (Jersey) Regulations 2018 and come into force on the commencement
of the Sexual Offences (Jersey) Law 2018[29].[30]
l.-m. hart
Deputy Greffier of the States