Criminal Justice
(Young Offenders) (Placement Panel) (Jersey) Regulations 2016
Made 16th November 2016
Coming into force 23rd
November 2016
1 Interpretation
In these Regulations –
“decision”
of the Panel includes a determination for the purposes of the Criminal Justice
(Young Offenders) (Jersey) Law 2014[2];
“department”
means a department of the States for which a Minister is responsible;
“member”
means a member of the Panel appointed under Regulation 2;
“States’ employee”
has the same meaning as in the Employment of States of Jersey Employees
(Jersey) Law 2005[3].
2 Membership of the Panel
(1) The
Panel shall comprise no fewer than 5 and no more than 10 members.
(2) The
Minister shall –
(a) appoint each of the members;
(b) appoint one of the members to be Chair of the Panel;
(c) appoint 2 of the members each to be Vice-Chair, such
appointment to be made after consultation with the Chair.
(3) Each
member of the Panel shall be a person described in any of sub-paragraphs (a)
to (d) below –
(a) a probation officer;
(b) a States’ employee employed in a department relating
to education;
(c) a States’ employee employed in a department relating
to health and social services;
(d) a
person (including a States’ employee), other than a person falling within
a description in another sub-paragraph, who works or has worked for, or who is
or was otherwise involved with, an organization which provides services or
support to children or young people or both, regardless of whether the
provision of such services or support is through charity, voluntary or paid
work.
(4) When
appointing members of the Panel, the Minister shall use his or her reasonable
endeavours to ensure that, as far as possible, each description in sub-paragraphs (a)
to (d) of paragraph (3) applies to one or more members.
(5) The
Minister shall not appoint as Chair or Vice-Chair a member of the Panel who is
employed –
(a) to work in the administration or management of secure
accommodation;
(b) to
work in a department relating to health and social services and who has responsibilities
relating specifically to the social welfare of persons under the age of 18 (other
than a person employed in the part of the department responsible for mental
health services only);
(c) to work as a prison officer within the meaning of the Prison
(Jersey) Law 1957[4] or to work otherwise in
the administration or management of a prison or young offender institution
within the meaning of that Law.
3 Term
of appointment
(1) Each
member of the Panel shall be appointed for a term of 3 years.
(2) A
member of the Panel may be reappointed for a further term of 3 years regardless
of whether the re-appointment follows a first or subsequent term of appointment.
(3) The
Minister may terminate a member’s term of appointment before the expiry
of the 3 year term at the request of the member or if the Minister
otherwise so decides, subject to paragraph (4).
(4) Except
in the case of the Chair of the Panel, the Minister shall not terminate the
appointment of a member unless the Chair of the Panel recommends the
termination.
4 Proceedings
of the Panel
(1) Except
as otherwise provided in this Regulation, the Panel shall determine –
(a) when and where it meets; and
(b) its procedure at its meetings.
(2) The
Panel may hold meetings in which members participate but are not physically
present in the same place and, for the purpose of this Regulation, all members
participating in such a meeting shall be deemed to be present at the meeting.
(3) The
quorum for a meeting of the Panel shall be 3 members.
(4) The
Chair of the Panel shall preside at the meeting or, if the Chair is not
present, one of the Vice-Chairs shall preside or such other member, subject to paragraph (5),
as the other members may elect in the absence of both Vice-Chairs.
(5) A
member cannot be elected under paragraph (4) if the member could not be
appointed as Chair or Vice-Chair under Regulation 2(5).
(6) A
decision of the Panel shall be by unanimous vote or by a majority of members present
at the meeting at which the decision is voted upon.
(7) In
the event that no decision is reached by a majority of members present at a
meeting in relation to any particular matter, the person presiding at the
meeting shall have a second or casting vote.
(8) The
person presiding at the meeting shall ensure that a written record is made of –
(a) any decision taken by the Panel at the meeting; and
(b) which members were present at the meeting.
(9) Each
written record of a meeting shall be sent to the Minister and retained by him
or her.
5 Expenses
The Minister shall pay any reasonable out of pocket expenses
incurred by a member of the Panel in the course of carrying out his or her
functions as a member.
6 Appeals
against decisions of the Panel
(1) In
this Regulation –
(a) “child or young person” refers to a child or young
person who is the subject of a decision by the Panel;
(b) “Minister”
means the Minister for Health and Social Services;
(c) “person with parental responsibility” shall be
construed in accordance with the Children (Jersey) Law 2002[5].
(2) A
person aggrieved by a decision of the Panel may, within 21 days of the
date of the decision, appeal to the Minister on the ground that the decision is
not in the best interests of the child or young person.
(3) In
paragraph (2) “person” refers to a child or young person or a
person with parental responsibility for such a child or young person.
(4) The
Minister may allow a longer period for making an appeal than that referred to
in paragraph (2) if he or she is satisfied that it is desirable in the
interests of justice to do so.
(5) On
hearing the appeal, the Minister shall, with reasons –
(a) confirm the Panel’s decision; or
(b) direct the Panel to reconsider its decision if he or she considers
that the decision was not in the best interests of the child or young person.
(6) The
Minister may, at any time, direct the Panel to reconsider any decision it makes
if he or she considers that the decision was not in the best interests of the
child or young person.
7 Citation
and commencement
These Regulations may be cited as the Criminal Justice (Young
Offenders) (Placement Panel) (Jersey) Regulations 2016 and shall come into
force on the same date that the Criminal Justice (Young Offenders) (Jersey) Law 2014[6] comes into force.
l.-m. hart
Deputy Greffier of the States