Criminal Justice
(Young Offenders) (Consequential Provisions) (Jersey) Regulations 2016
Made 16th November 2016
Coming into force 23rd
November 2016
THE STATES, in pursuance of Articles 31 and 32 of the Criminal Justice (Young
Offenders) (Jersey) Law 2014[1], have made the following
Regulations –
1 Children
(Secure Accommodation) (Jersey) Order 2005
In the Children (Secure Accommodation) (Jersey) Order 2005[2] –
(a) in Article 5
the words “or in respect of whom an order has been made under Article 5(2)
or (4) of the Criminal Justice (Young Offenders) (Jersey) Law 1994[3]” shall be deleted;
(b) Article 6
shall be deleted;
(c) in Article 9
for the words “the child” in the first place those words appear
there shall be substituted the words “a child to whom Article 22 of
the Law applies.”.
2 Criminal
Justice (Jersey) Law 1957
In Article 7(1) of the Criminal Justice (Jersey) Law 1957[4] for the words “means a
sentence of youth detention imposed under Article 4 of the Criminal
Justice (Young Offenders) (Jersey) Law 1994[5]” there shall be
substituted the words “has the same meaning as it does in Article 1(1)
of the Criminal Justice (Young Offenders) (Jersey) Law 2014[6]”.
3 Criminal
Justice (Community Service Orders) (Jersey) Law 2001
In Article 1 of the Criminal Justice (Community Service Orders)
(Jersey) Law 2001[7] in the definition
“Young Offenders Law” for the word “1994” there shall
be substituted the word “2014”.
4 Criminal
Justice (Compensation Orders) (Jersey) Law 1994
In Article 1 of the Criminal Justice (Compensation Orders)
(Jersey) Law 1994[8] for the definition
“Youth Court” there shall be substituted the following
definition –
“ ‘Youth
Court’ means the Youth Court continued under Article 24 of the
Criminal Justice (Young Offenders) (Jersey) Law 2014[9].”.
5 Criminal
Justice (Probation Orders) (Jersey) Law 1986
In Article 1 of the Criminal Justice (Probation Orders)
(Jersey) Law 1986[10] –
(a) in paragraph (2)(b)
for the word “1994” there shall be substituted the word
“2014”;
(b) in paragraph (3)
for the definition “Youth Court” there shall be substituted the
following definition –
“ ‘Youth
Court’ means the Youth Court continued under Article 24 of the
Criminal Justice (Young Offenders) (Jersey) Law 2014[11].”.
6 Criminal
Justice (Suspension of Prison Sentences) (Jersey) Law 2003
In Article 2(5) of the Criminal Justice (Suspension of Prison
Sentences) (Jersey) Law 2003[12] for sub-paragraph (a)
there shall be substituted the following sub-paragraph –
“(a) youth detention within the
meaning of Article 1(1) of the Criminal Justice (Young Offenders) (Jersey)
Law 2014[13]; or”.
7 Criminal
Law (Child Abduction) (Jersey) Law 2005
In item 4 of the Schedule to the Criminal Law (Child Abduction)
(Jersey) Law 2005[14] for the entry under the
heading “Description of child”
there shall be substituted the following entry –
“A child who is remanded
in accordance with Article 16 of the Criminal Justice (Young Offenders)
(Jersey) Law 2014[15].”.
8 Extradition
(Jersey) Law 2004
In the Extradition (Jersey) Law 2004[16] –
(a) in Article 111
for the words “Article 13(2) of the Criminal Justice (Young
Offenders) (Jersey) Law 1994[17]” there shall be
substituted the words “Article 27(2) of the Criminal Justice (Young
Offenders) (Jersey) Law 2014[18]”;
(b) in Article 112(2)
for the word “1994” there shall be substituted the word
“2014”.
9 Interpretation
(Jersey) Law 1954
In Part 1 of the Schedule to the Interpretation (Jersey) Law 1954[19] in the definition “Youth
Court” for the words “established by Article 11 of the
Criminal Justice (Young Offenders) (Jersey) Law 1994[20]” there shall be
substituted the words “continued under Article 24 of the Criminal
Justice (Young Offenders) (Jersey) Law 2014[21]”.
10 Loi
(1864) réglant la Procédure Criminelle
In Article 10(5)(a) of the Loi (1864) réglant la
Procédure Criminelle[22] for the word
“1994” there shall be substituted the word “2014”.
11 Magistrate’s
Court (Miscellaneous Provisions) (Jersey) Law 1949
In Article 1(1) of the Magistrate’s Court (Miscellaneous
Provisions) (Jersey) Law 1949[23] in the definition
“youth detention” for the word “1994” there shall be
substituted the word “2014”.
12 Police
Procedures and Criminal Evidence (Jersey) Law 2003
In Article 1 of the Police Procedures and Criminal Evidence
(Jersey) Law 2003[24] –
(a) in
the definition “Youth Appeal Court” for the words “Article 15
of the Criminal Justice (Young Offenders) (Jersey) Law 1994[25]” there shall be
substituted the words “Article 29 of the Criminal Justice (Young
Offenders) (Jersey) Law 2014[26]”;
(b) in
the definition “Youth Court” for the words “established by Article 11
of the Criminal Justice (Young Offenders) (Jersey) Law 1994” there
shall be substituted the words “continued under Article 24 of the
Criminal Justice (Young Offenders) (Jersey) Law 2014”.
13 Prison
(Jersey) Law 1957
In the Prison (Jersey) Law 1957[27] –
(a) in Article 1 –
(i) the
definitions “attendance centre” and “attendance centre
order” shall be deleted,
(ii) in
the definition “youth detention” for the word “1994”
there shall be substituted the word “2014”;
(b) for
Article 27 there shall be substituted the following Article –
“27 Power
to provide young offender institutions
The Minister may provide
young offender institutions where offenders aged not less than 15 years but
under 21 years, sentenced to youth detention may be detained in conditions
suitable to persons of their ages and descriptions.”;
(c) in Article 29(1)
the words “, and attendance centres respectively,” shall be
deleted.
14 Prison
(Jersey) Rules 2007
In Article 9 of the Prison (Jersey) Rules 2007[28] –
(a) in paragraph (1)
for the word “1994” there shall be substituted the word
“2014”;
(b) in paragraph (2)
for the words “Article 17 of the Criminal Justice (Young Offenders)
(Jersey) Law 1994[29]” there shall be
substituted the words “Article 10 of the Criminal Justice (Young
Offenders) (Jersey) Law 2014[30]”.
15 Rehabilitation
of Offenders (Jersey) Law 2001
In the Rehabilitation of Offenders (Jersey) Law 2001[31] –
(a) in Article 1(1) –
(i) after
the definition “1994 Law” there shall be inserted the following
definition –
“ ‘2014
Law’ means the Criminal Justice (Young Offenders) (Jersey) Law 2014[32];”,
(ii) in
sub-paragraph (e) of the definition “sentence excluded from
rehabilitation” for the words “or Article 5(4) of the 1994 Law”
there shall be substituted the words “, Article 5(4) of the 1994 Law
or Article 5(3) of the 2014 Law”;
(b) in Article 1(2)
for the words “or Article 5(4) of the 1994 Law” there
shall be substituted the words “, Article 5(4) of the 1994 Law,
or Article 5(3) of the 2014 Law”.
16 Sex
Offenders (Jersey) Law 2010
In Article 1(1) of the Sex Offenders (Jersey) Law 2010[33] for the definition
“youth detention” there shall be substituted the following
definition –
“ ‘youth
detention’ has the same meaning as it does in Article 1 of the
Criminal Justice (Young Offenders) (Jersey) Law 2014[34].”.
17 Transfer
of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998
In Article 30 of the Criminal Justice (Young Offenders)
(Jersey) Law 2014[35] –
(a) the
existing paragraph shall be numbered paragraph (1); and
(b) after
paragraph (1) there shall be added the following paragraph –
“(2) Notwithstanding the repeal of
the Criminal Justice (Young Offenders) (Jersey) Law 1994[36] (“1994 Law”) by
this Law, Article 10 of the 1994 Law is saved for the purposes of the
Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man)
Order 1998[37].”.
18 Citation
and commencement
These Regulations may be cited as the Criminal Justice (Young
Offenders) (Consequential Provisions) (Jersey) Regulations 2016 and shall
come into force on the same date that the Criminal Justice (Young Offenders)
(Jersey) Law 2014[38] comes into force.
l.-m. hart
Deputy Greffier of the States