Criminal Justice
(Community Service Orders) (Jersey) Law 2001
A LAW to enable certain offenders to
be ordered to perform community service, and for connected purposes
Commencement
[see
endnotes]
1 Interpretation
In this Law, unless the context otherwise requires –
“community service order” shall be construed in
accordance with Article 4;
“compensation order” has the same meaning as in the Criminal Justice
(Compensation Orders) (Jersey) Law 1994;
“designated person” means a person designated pursuant
to Article 10;
“offender” means a person in respect of whom a community
service order is or may be made;
“probation officer” means a délégué
appointed under Article 7(2) of the Loi (1937) sur
l’atténuation des peines et sur la mise en liberté
surveillée and “Chief Probation Officer” means the senior
probation officer so appointed;
“probation
order” means an order under the Loi (1937) sur l’atténuation
des peines et sur la mise en liberté surveillée
made on the conditions described in Article 3 thereof;
“relevant officer” means, in relation to a community
service order, the person so assigned pursuant to Article 3(7);
“Young Offenders Law” means the Criminal Justice (Young
Offenders) (Jersey) Law 2014;
“Youth Court” has the same meaning as in the Young
Offenders Law;
“youth detention” has the same meaning as in the Young
Offenders Law.[1]
2 Power to make community
service order
(1) An order requiring a
person to do community service may be made only under and in accordance with
this Law.
(2) Subject to this Law, a
court may make a community service order in respect of a person aged 15 years
or more who is found guilty of an offence punishable with imprisonment, other
than murder or any other offence for which the sentence is fixed by law as
imprisonment for life.
(3) A community service
order may be made only where the court is considering passing a sentence of
imprisonment or youth detention.
3 Making of community service
order
(1) A court considering
making a community service order shall obtain from a probation officer or a
designated person and consider a written or verbal report upon –
(a) the
offender and the offender’s circumstances;
(b) the
suitability and willingness of the offender to perform community service; and
(c) the
availability of community service.
(2) Before making a
community service order, the court shall be satisfied –
(a) that
a probation officer or a designated person has explained to the offender in
plain language –
(i) the purpose and
effect of the order and, in particular, the obligations described in Article 5,
(ii) the
power of the court under Article 6 to review the order on the application
of either the offender or the relevant officer, and
(iii) the
consequences which may follow under Article 7, if the offender fails to
comply with any obligations under the order, or under Article 8, if the
offender is convicted of a further offence while the order is in force;
and
(b) that
the offender has understood the explanation.
(3) A court shall not make
a community service order in respect of an offender unless –
(a) the
court is satisfied that provision can be made for the offender under the
arrangements for persons to perform work under such orders; and
(b) the
court is satisfied, after considering the report described in paragraph (1),
that the offender is a suitable person and willing to perform work under such
an order.
(4) Where a community
service order is made, it shall be made instead of passing a sentence of
imprisonment or youth detention.
(5) When making a community
service order, the court shall –
(a) state
in the order the sentence of imprisonment or youth detention which it was
considering passing; and
(b) provide
the offender and the Chief Probation Officer with a copy of the order.
(6) Paragraph (4)
shall not prevent a court which makes a community service order from making any
other order (other than the imposition of a fine) which may be made on the
conviction of the offender.
(7) Where a community
service order is made, the Chief Probation Officer shall assign a probation
officer or a designated person to be the relevant officer in relation to it.
4 Community service order
(1) A community service
order requires the person in respect of whom it is made to perform unpaid work
in accordance with this Law.
(2) The number of hours
which a person may be required to work under a community service order shall be
specified in the order and shall be in the aggregate not less than 40 and not
more than –
(a) where
the order is made by the Magistrate’s Court or the Youth Court, 180;
and
(b) where
the order is made by the Royal Court, 480.[2]
(3) Where a court makes
community service orders in respect of 2 or more offences, it may direct that
the number of hours of work specified in each order shall be concurrent with or
additional to those specified in any other of those orders, but so that the
aggregate number of hours which are not concurrent shall not exceed the maximum
described in paragraph (2).
(4) The States may by
Regulations amend paragraph (2)(a) and (b) so as to substitute the maximum
number of hours for the time being specified in those provisions.
5 Obligations of offender
subject to community service order
(1) An offender in respect
of whom a community service order is in force shall –
(a) keep
in touch with the relevant officer in accordance with such instructions as the
offender may from time to time be given by that officer and notify the officer
of any change of address; and
(b) perform,
to the satisfaction of the relevant officer and for the number of hours
specified in the order, such work at such times as the offender may be
instructed by the relevant officer.
(2) Subject to Article 6(1),
the work required to be performed under a community service order shall be
performed –
(a) where
the number of hours specified in the order is 240 or less, during the period of
12 months beginning with the date of the order;
(b) where
the number of hours specified in the order is more than 240, during the period
of 24 months beginning with the date of the order.[3]
(3) Notwithstanding
paragraph (2), a community service order shall remain in force until the
offender has worked under it for the number of hours specified in it or until
it is revoked.
(4) The instructions to be
given by the relevant officer under paragraph (1) shall, as far as
practicable, be such as to avoid any conflict with the offender’s
religious beliefs and any interference with the times, if any, at which the
offender normally works or attends a school or other educational establishment.
(5) While the community
service order is in force, the offender shall not leave Jersey without the
prior written permission of the Chief Probation Officer.
(6) The power to make rules
of court under the Royal Court (Jersey)
Law 1948 shall include a power to make rules for the purposes of this Law
regulating the arrangements to be made for persons subject to community service
orders to perform work and the performance of such work.
(7) Rules made pursuant to
paragraph (6) may, without prejudice to the generality of that paragraph,
regulate the functions of relevant officers.
(8) Rules made pursuant to
paragraph (6) may in particular make provision –
(a) limiting
the number of hours of work to be done by a person on any one day;
(b) as to
the reckoning of hours worked and the keeping of work records; and
(c) for
the payment of travelling and other expenses in connection with the performance
of work.
6 Variation or revocation of
community service order due to change in circumstances
(1) Where a community
service order is in force in respect of any offender and, on the application of
the offender or the relevant officer, it appears to the court which made the
order that it would be in the interests of justice to do so having regard to
circumstances which have arisen since the order was made the court
may –
(a) extend
the period described in Article 5(2);
(b) revoke
the order; or
(c) revoke
the order and deal with the offender for the offence in respect of which the
order was made, in any manner in which it could deal with the offender if the
offender had just been convicted by the court of the offence.
(2) Where a court proposes
to exercise its powers under paragraph (1) otherwise than on the
application of the offender, the offender shall be brought before the court
by –
(a) in
the case of an order made by the Royal Court, the Attorney General; or
(b) in
the case of an order made by the Magistrate’s Court or Youth Court, the Centenier
who presented the offender before the court for the offence.[4]
(3) Where, in the case
described in paragraph (2), the offender does not appear before the court,
the court may order the offender’s arrest.
7 Breach of community service order
(1) If at any time while a
community service order is in force, it appears on written information to, in
the case of an offender sentenced by the Royal Court, the Attorney General or,
in the case of an offender sentenced by the Magistrate’s Court or Youth
Court, the Centenier who presented the offender before the court for the
offence, that the offender has failed to comply with any obligation under
Article 5, the Attorney General may or the Centenier shall, as the case
may be, present the offender before the court which made the order.[5]
(2) The Attorney General or
Centenier may, if he or she considers it necessary to ensure the
offender’s appearance in court for the purposes of this Article, request
the Bailiff or the Magistrate, as the case may be, to issue a warrant for the
arrest of the offender.[6]
(3) Where the offender
appears or is brought before the Magistrate’s Court or Youth Court, that
court may commit the offender to the Royal Court to determine whether there has
been the failure described in paragraph (4) and, if there has, to deal
with the offender in accordance with that paragraph.
(4) If it is proved to the
satisfaction of the court before which the offender appears or is brought or to
which the offender is committed that the offender has failed to comply with any
obligation under Article 5, the court may –
(a) continue
the order, with or without variation and with or without the imposition of a
fine; or
(b) revoke
the order and deal with the offence in respect of which the order was made, in
any manner in which the offender could have been dealt with for that offence by
the court which made the order.
8 Powers on further conviction
(1) Where an offender in
respect of whom a community service order is in force is convicted of a further
offence by or before any court, the offender may be dealt with by that court in
respect of the community service order in accordance with paragraph (5).[7]
(2) Where an offender in
respect of whom a community service order made by the Magistrate’s Court
or Youth Court is in force is convicted by that court of a further offence and
committed to the Royal Court to receive sentence, the offender may also be
committed to the Royal Court to be dealt with by the Royal Court in respect of
the community service order in accordance with paragraph (5).
(3) Where an offender in
respect of whom a community service order made by the Royal Court is in force
is convicted of a further offence by the Magistrate’s Court or Youth
Court, that court may commit the offender to the Royal Court to be dealt with
by the Royal Court in respect of the community service order in accordance with
paragraph (5).[8]
(4) The Magistrate’s
Court or Youth Court, when committing an offender to the Royal Court under
paragraph (3), may also commit the offender to the Royal Court to receive
sentence for the further offence, notwithstanding that it is not of the opinion
that there should be imposed for the further offence a penalty or penalties in
excess of those which it is empowered to impose.
(5) The court before which
the offender appears or is brought or to which the offender is committed
may –
(a) revoke
the order;
(b) continue
the order with or without variation and with or without the imposition of a
fine; or
(c) revoke
the order and deal with the offence in respect of which the order was
made –
(i) in the case of
the Magistrate’s Court or Youth Court, in any manner in which the
offender could have been dealt with by that court for that offence, or
(ii) in
the case of the Royal Court, in any manner in which the offender could have
been dealt with for that offence by the court which made the order.
9 Supplemental provisions
(1) An order under Article 6(3)
or a warrant issued under Article 7(2) may be executed by a member of the
States of Jersey Police Force, a member of the Honorary Police or the Viscount,
and the person executing a warrant shall, as soon as is reasonably practicable,
bring the offender before the court by which the order was made or for which
the warrant was issued.
(2) The variations which
may be made under Article 7(4)(a) or 8(5)(b) include, subject to Article 4(2),
an increase or decrease in the number of hours for which the offender is
required to work.
(3) A fine imposed under
Article 7(4)(a) or 8(5)(b) shall be deemed for the purpose of any enactment,
to be a sum adjudged to be paid on a conviction.
(4) In dealing with an
offence under Article 6(1)(c), 7(4)(b) or 8(5)(c), a court shall take into
account the sentence stated in the community service order pursuant to Article 3(5).
(5) In the case of an
offender subject to both a community service order and a probation order in
respect of an offence, a court, when exercising its powers under Article 6(1),
7(4) or 8(5) in relation to the community service order, may also exercise the
powers conferred by Article 5(3) of the Loi (1937) sur
l’atténuation des peines et sur la mise en liberté
surveillée in relation to the probation order.
(6) [9]
10 Designated persons
The Chief Probation Officer may designate such persons, other than
probation officers, as the Chief Probation Officer thinks are fit to prepare
reports, give explanations and act as relevant officers for the purposes of
this Law.
11 Regulations
(1) The States may by
Regulations make provision for the transfer of community service orders to
other places in the British Islands and for the receipt of community service
orders transferred from other places in the British Islands.
(2) Regulations made under
paragraph (1) may make such consequential, incidental, transitional and
supplementary provision as the States consider appropriate.
12 Citation
This Law may be cited as the Criminal Justice (Community Service
Orders) (Jersey) Law 2001.