Criminal Justice (Young
Offenders) (Jersey) Law 2014
A LAW to replace the Criminal Justice (Young Offenders) (Jersey)
Law 1994 and to make provision for the establishment of a Placement Panel
in relation to the detention of persons under 18 years and for
connected purposes.[1]
Commencement [see endnotes]
part 1
opening
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“appropriate place of custody” means –
(a) secure
accommodation in the case of a child or young person; or
(b) in
the case of a male young person only, a young offender institution,
as determined by the Panel in exercise of its functions under
Article 18;
“child” means a person who has attained the age of 10 years
and has not attained the age of 15 years;
“community service order” means an order made under the Criminal Justice (Community
Service Orders) (Jersey) Law 2001;
“Criminal Procedure Law” means the Criminal Procedure (Jersey)
Law 2018;
“Governor” has the same meaning as in the Prison (Jersey) Law 1957;
“guardian” includes a person who, in the opinion of the
court hearing the case in which a person under the age of 18 years is
concerned, has for the time being care of that person;
“Minister” means the Minister
for Justice and Home Affairs;
“Panel” means the Placement Panel for children and young
persons established under Article 17;
“prison” or “the prison” means –
(a) the
States of Jersey Prison at La Moye, excluding such part that is a young
offender institution;
(b) any
other prison which may be built in Jersey; or
(c) any
building or part of a building designated to be a prison under Article 19(2)
of the Prison (Jersey) Law 1957;
“Probation
Law” means the Loi (1937) sur
l’atténuation des peines et sur la mise en liberté
surveillée;
“probation officer” means a délégué
appointed under Article 7 of the Probation Law;
“probation order” means an order made under the Probation
Law;
“remand” refers to detaining a child, young person or
young adult in custody pursuant to –
(a) a
court order; or
(b) a
warrant issued by the Bailiff or a Jurat,
where such child, young person or young adult has not been convicted
of an offence or who, having been convicted, has not been sentenced;
“secure accommodation” has the same meaning as in
Article 1 of the Children (Jersey)
Law 2002;
“young adult” means a person who has attained the age
of 18 years and has not attained the age of 21 years;
“young offender institution” means such part of the
States of Jersey Prison at La Moye that is a young offender institution
provided by the Minister under Article 27 of the Prison (Jersey) Law 1957 or any other building or
part of a building that is so provided;
“young person” means a person who has attained the age
of 15 years and has not attained the age of 18 years;
“Youth Court” means the Court continued under Article 24;
and
“youth detention” means any sentence of detention
imposed under this Law on a child, young person or young adult following conviction.[2]
(2) The States may by
Regulations amend any definition in paragraph (1).[3]
PART 2
persons
under 21 – criminal responsibility, sentencing and custody
2 Age
of criminal responsibility
It shall be conclusively
presumed that no person under the age of 10 years can be guilty of an offence.
3 Prohibition on sentences of imprisonment for children, young
persons and young adults
(1) No court shall pass a
sentence of imprisonment on a person under the age of 21 years.
(2) Nothing in paragraph (1)
precludes a person under the age of 21 years serving the whole or part of
a sentence of youth detention in a prison in accordance with the provisions of
this Law.
4 Sentences
of youth detention[4]
(1) Subject to Article 5
and to the following provisions of this Article, where a person who is a child,
young person or young adult is convicted of an offence which is, in the case of
a person aged 21 years or over, punishable with imprisonment, the court
may pass a sentence of youth detention.[5]
(1A) Where a child is convicted of an
offence, the court shall not impose a sentence of youth detention on him or her
except where Article 5 applies.[6]
(2) A court shall not pass
a sentence of youth detention unless –
(a) Article 5
applies; or
(b) where
Article 5 does not apply, it considers that no other method of dealing
with the person is appropriate because it appears to the court
that –
(i) the person has a
history of failure to respond to non-custodial penalties and is unable or
unwilling to respond to them,
(ii) only
a custodial sentence would be adequate to protect the public from serious harm
from the person, or
(iii) the
offence or the totality of the offending is otherwise so serious that a
non-custodial sentence cannot be justified.[7]
(2A) The court shall state in open court
its reasons for imposing a sentence of youth detention and shall explain to the
person that on the person’s release the person may be subject to a period
of supervision in accordance with Article 9.[8]
(3) Subject to paragraph (6),
the maximum term of a sentence of youth detention that a court may impose is
the same as the maximum term of imprisonment (including a maximum term of
imprisonment for life) which a court could impose on a person aged 21 years
or over for the same offence.
(4) A court may pass
consecutive sentences of youth detention in the same way as consecutive
sentences of imprisonment.
(5) Where an offender
serving a sentence of youth detention is aged 21 years or over and is
convicted of one or more further offences for which the offender is liable to
imprisonment, the court may pass one or more sentences of imprisonment to run
consecutively to the sentence of youth detention.
(6) Notwithstanding
paragraphs (3), (4) and (5), but subject to Articles 4A and 5, a court
shall not pass on any one occasion a sentence or sentences on a young person
the effect of which would be that the offender would on that occasion be
sentenced to a term of youth detention exceeding 12 months and so much of
any such term for which an offender is sentenced as exceeds 12 months
shall be treated as remitted.[9]
4A Sentence
of youth detention for driving offences
Where a young person who has attained the age of 17 years is
convicted of an offence under the Road Traffic (Jersey)
Law 1956 or the Motor Traffic (Third-Party
Insurance) (Jersey) Law 1948, a court shall take no
account of Article 4(6) when passing a sentence of youth detention in
relation to that offence.[10]
5 Youth detention for
offences where life sentence fixed by law and for other serious offences[11]
(1) Where a child, young
person or young adult is convicted of murder or any other offence for which the
sentence is fixed by law as imprisonment for life, the court shall sentence the
person –
(a) to
custody for life if it appears to the court that, at the time the offence was
committed, the person was a young adult; or
(b) to be
detained during His Majesty’s pleasure if it appears to the court that,
at the time the offence was committed, the person was a child or young person.[12]
(2) [13]
(3) Where –
(a) a child
or young person is convicted of any offence that is punishable, in the case of
a person aged 21 years or over, with imprisonment for 14 years or
more;
(b) the
offence is not an offence for which the sentence is fixed by law; and
(c) the
court is of the opinion that none of the other methods in which the case may
legally be dealt with is suitable,
the court may sentence the offender to be detained for such period,
not exceeding the maximum term of imprisonment for which the offence is
punishable in the case of a person aged 21 years or over, as may be
specified in the sentence.[14]
(4) [15]
6 Sentence of youth detention for default
(1) Where in the case of a
person aged 21 years or over a court could –
(a) fix
a term of imprisonment in the event of default of payment of a fine, a
compensation order or a sum due under a recognizance;
(b) commit
the person to prison as the result of such default;
(c) commit
the person to prison for contempt of court or any kindred offence,
the court may, in the case of a person who has attained the age
of 17 years but is under the age of 21 years, sentence the
person to youth detention for a term not exceeding the term of imprisonment.
(2) A court shall not
sentence a person to youth detention under paragraph (1) unless it is of
the opinion that no other method of dealing with the person is appropriate and
it states its reasons in open court.
(3) Articles 4, 5 and
6 of the Criminal Justice (Jersey)
Law 1957 and Articles 3 and 5 of the Criminal Justice
(Compensation Orders) (Jersey) Law 1994 shall apply as
if –
(a) references
to imprisonment were references to youth detention under this Article;
(b) in
the case of a young person or young adult detained in a young offender
institution, references to the Articles to the prison were construed to refer
to the young offender institution; and
(c) in
the case of a young person detained in secure accommodation, references to the
prison were to that secure accommodation and references to the prison governor
were to the person in charge of managing the secure accommodation.
(4) Notwithstanding
anything in Article 5 of the Criminal Justice (Jersey)
Law 1957 or Article 5 of the Criminal Justice
(Compensation Orders) (Jersey) Law 1994, where a court has made an
order under either Article 4 of the Criminal Justice (Jersey)
Law 1957 or, as the case may be, Article 3 of the Criminal Justice
(Compensation Orders) (Jersey) Law 1994, in respect of a person
under the age of 21 years and that person is in default of that order, the
officer responsible for the recovery of the fine or the sum due under the
recognizance shall bring the person before the court which made the order and
the court, after making such enquiry into the reasons for the default as
appears to it to be requisite may, either –
(a) order
that the person shall forthwith serve the sentence of youth detention for the
term which has been fixed previously; or
(b) make
such other order with respect to the person as appears to be just.
7 Place of custody for
children, young persons and young adults sentenced to youth detention[16]
(1) Where a court orders a
young adult to be sentenced to youth detention, the court shall order the
person to be detained –
(a) in
the case of a male young adult, in a young offender institution; or
(b) in
the case of a female young adult, the prison.
(2) Where a court orders a
child or young person to be sentenced to youth detention, the court shall order
the person to be detained in an appropriate place of custody.[17]
(3) If a child or young
person is required to be detained in an appropriate place of custody before a
decision can be taken by the Panel determining the appropriate place of
custody, the child or the young person shall, pending such decision, be
remanded to secure accommodation unless, in the opinion of the court, having
regard to all the relevant circumstances at the time –
(a) in
the case of a male young person, a young offender institution is considered to
be more suitable for meeting his particular needs, including where no
accommodation, or no suitable accommodation, is available in secure accommodation
for him; or
(b) in
the case of a female young person, the prison is considered to be more suitable
for meeting her particular needs, including where no accommodation, or no
suitable accommodation, is available in secure accommodation for her.[18]
(4) Without prejudice to
the exercise of powers under Article 10 in relation to a young person, the
Panel shall determine the appropriate place of custody for a child or young
person who is detained in accordance with paragraph (3) as soon as
reasonably practicable and, in any event, within 72 hours or such other period
as the Minister may specify by Order, from the time the child or young person
is detained.[19]
(5) Nothing in this Article
affects the powers of the Secretary of State under Schedule 1 to the Crime
(Sentences) Act 1997 of the United Kingdom.[20]
8 Matters
affecting a court’s power to pass a sentence of youth detention
(1) For the purpose of
determining whether there is an appropriate method of dealing with an offender
other than by passing a sentence of youth detention the court shall obtain and
consider information about the circumstances and shall take into account
information before the court which is relevant to the offender’s
character and physical and mental condition, and in particular the court shall,
unless it considers it unnecessary to do so in a particular case, obtain a
report on the offender from a probation officer.
(2) If the Youth Court or
the Magistrate’s Court imposes a sentence of youth detention without
having obtained a report from a probation officer it shall state in open court
the reasons why it considered the report unnecessary.
9 Supervision
of young offenders after release from youth detention
(1) Where a person who has
been sentenced to a term of youth detention of 4 months or more is
released from custody the person shall on being so released be under the
supervision of a probation officer.
(2) The period of
supervision under paragraph (1) shall end with –
(a) the
date on which the person would have been released from custody if the person
had not been granted remission under the Prison (Jersey) Law 1957; or
(b) the
person’s 22nd birthday,
whichever is sooner, but in any event shall not extend more than 12 months
from the date of the person’s release.
(3) While a person is under
supervision the person shall comply with such written requirements as the
Minister, after consultation with that person’s supervisor, shall notify
to the person.
(4) The Minister may, after
consulting with the person’s supervisor, at any time modify or cancel any
of the requirements notified in accordance with paragraph (3) and shall
give written notice to the person under supervision of any such cancellation or
modification.
(5) If a person who is
subject to supervision under this Article fails without reasonable excuse to
comply with any requirement or modified requirement notified to the person
under paragraph (3) or (4) the person shall be guilty of an offence and
liable to –
(a) a
fine of level 2 on the standard scale; or
(b) except
in the case of a child, an appropriate custodial sentence for a period of 30 days.[21]
(6) In paragraph (5) “appropriate
custodial sentence” means a sentence –
(a) of
imprisonment if the offender is aged 21 years or over when the offender is sentenced; or
(b) of
youth detention in –
(i) an appropriate
place of custody in the case of an offender who is a young person when
sentenced,
(ii) a
young offender institution in the case of an offender who is a male young adult
when sentenced, or
(iii) the
prison in the case of an offender who is a female young adult when sentenced.
(7) A person released from
a custodial sentence passed under paragraph (5) shall not be liable to a
period of supervision in consequence of the person’s conviction under
that paragraph.
(8) A person’s
conviction under paragraph (5) shall not affect any liability to
supervision to which the person was previously subject, and that liability
shall accordingly continue until the end of the relevant period.
10 Power
of Governor to move young adults and young persons in certain circumstances
(1) The Governor may
require a person who is a male young adult remanded in custody or serving a
sentence of youth detention to be moved to the prison, either for a fixed term
or for the remaining part of the person’s sentence or for the period of
the person’s remand if the Governor is of the opinion that –
(a) by
reason of that person’s behaviour it is not in the person’s
interests or the interests of other persons detained in the same young offender
institution as him, to detain him in such an institution; or
(b) having
regard to all relevant circumstances, the prison better meets the needs of the
particular person.
(2) The Governor’s
powers under paragraph (1) shall be exercised after consultation with the
Panel in respect of a male person who has attained the age
of 18 years whilst on remand in custody or serving a sentence of
youth detention.
(3) The Governor, with the
agreement of the Panel and after the giving of written reasons, may require a
female young person remanded in custody or serving a sentence of youth
detention to be moved to the prison if the Panel is of the opinion that –
(a) by
reason of the person’s behaviour it is not in the person’s
interests or the interests of the other persons detained in the same secure
accommodation as her to detain her in such accommodation; or
(b) having
regard to all the relevant circumstances, the prison is more suitable for
meeting her particular needs, including where no accommodation, or no suitable
accommodation, is available in secure accommodation for her.
(4) In cases of urgency, a
female young person may be moved under paragraph (3) before the agreement
of the Panel or its opinion has been obtained or written reasons given, but the
Panel’s opinion must be obtained and written reasons for the move must be
given as soon as possible after the move has taken place.
(5) The Governor may, if he
or she considers it necessary in all the circumstances of the case, require a
young adult or young person who is required to be detained in the prison or a
young offender institution under this Law to be moved to a prison medical
facility or to a hospital for medical treatment.
(6) Where a person is
transferred under this Article, the person shall be in lawful custody during
the period of the transfer and the period of transfer shall be treated, where
applicable, for all purposes as a part of the person’s sentence.
11 Attendance
at court of parents of child or young person brought before court
(1) Where a child or young
person is charged with an offence or is for any other reason brought before a
court, a person who is a parent or guardian of that person and who is resident
in Jersey shall, and if not so resident may be required by the Court, to attend
at the court before which the case is held or determined during all the stages
of the proceedings.
(2) Paragraph (1) does
not apply if the court is satisfied that it would be unreasonable to require the
parent or guardian’s attendance or that the parent or guardian’s
attendance at any stage of the proceedings is unnecessary.
(3) In relation to a
person –
(a) for
whom the Minister for Children and Families has parental responsibility; or
(b) whom
that Minister is looking after (within the meaning of Article 1A(a) or (b)
of the Children (Jersey)
Law 2002),
the reference in paragraphs (1) and (2) to a person who is a
parent or guardian of that person shall be construed as a reference to an
officer of an administration of the States for which that Minister has
responsibility.[22]
(4) Where a child or young
person is apprehended, such steps shall be taken as may be practicable to
inform at least one person whose attendance is, or may be, required under this Article
of that fact and of the place and time at which the person’s attendance
at the court is or may be required.
12 Power
to order parent or guardian to pay fine, etc.
(1) Where a child or young
person is charged with an offence for the commission of which a fine or costs
may be imposed, if the court is of the opinion that the case would be best met
by the imposition of a fine or costs, whether with or without any other
punishment, the court may, and shall if the offender is a child, order that the
fine or costs awarded be paid by a parent or guardian of the offender instead
of by the offender, unless the court is satisfied –
(a) that
no parent or guardian can be found; or
(b) that
it would be unreasonable to make such an order having regard to the
circumstances of the case.
(2) In the case of a child
or young person charged with an offence, the court may order a parent of the
person or the person’s guardian to give security for the person’s
good behaviour.
(3) An order under this Article
may be made against a parent or guardian who, having been required to attend,
has failed to do so, but except in that case, no such order shall be made
without giving the parent or guardian an opportunity of being heard.
(4) Sums ordered to be paid
by a parent or guardian, either under this Article or on forfeiture of security
for good behaviour, may be recovered from the parent or guardian and shall be
disposed of as if the order had been made on the conviction of the parent or
guardian of the offence with which the offender was charged.
(5) A parent or guardian
may appeal against an order under this Article as if the parent or guardian had
been convicted of the offence with which the offender was charged.
13 [23]
14 Determination
of age
For the purposes of this
Law, the age of a person shall be deemed to be or to have been that which
appears to the court, after receiving any available evidence, to be or to have
been the person’s age at the material time.
15 Saving
with regard to court proceedings involving children
Nothing in this Law shall derogate from the provisions of Articles 4
to 8 of the Criminal Justice (Evidence of
Children) (Jersey) Law 2002 and Article 73 of the Children (Jersey)
Law 2002.
part 3
remand
16 Remand
of children, young persons and young adults
(1) This Article applies to
a person who is a child, young person or young adult.
(2) Where a person to whom
this Article applies is lawfully remanded in custody, the person must be
remanded to –
(a) [24]
(b) subject
to paragraph (3), an appropriate place of custody if the person is a child
or young person;
(c) a
young offender institution if the person is a male young adult; or
(d) the
prison if the person is a female young adult.[25]
(3) If a child or young
person is required to be remanded in custody before a decision can be taken by
the Panel determining an appropriate place of custody, the child or young
person shall, pending such decision, be remanded to secure accommodation
unless, in the opinion of the court or person who orders the person to be
remanded in custody, having regard to all the relevant circumstances at the
time –
(a) in
the case of a male young person, a young offender institution is considered to
be more suitable for meeting his particular needs, including where no
accommodation, or no suitable accommodation, is available in secure
accommodation for him; or
(b) in
the case of a female young person, the prison is considered to be more suitable
for meeting her particular needs, including where no accommodation, or no
suitable accommodation, is available in secure accommodation for her.[26]
(4) Without prejudice to
the exercise of powers under Article 10 in relation to a young person, the
Panel shall determine the appropriate place of custody for a child or young
person who is remanded in accordance with paragraph (3) as soon as
reasonably practicable and, in any event, within 72 hours or such other
period as the Minister may specify by Order, from the time the child or young
person is remanded.[27]
(5) A place to which a
person is remanded under paragraph (2) or (3) is referred to in this
Article as a “place of custody”.
(6) A person to whom this
Article applies who is being detained for the purposes of, or whilst, being
conveyed to a place of custody, shall be deemed to be in lawful custody.
(7) A person
who –
(a) knowingly
assists or induces a person to whom this Article applies to escape from a place
of custody;
(b) without
lawful authority takes a person to whom this Article applies away from a place
of custody; or
(c) knowingly
harbours or conceals a person to whom this Article applies who has so escaped
or been taken away, or prevents the person from returning to a place of
custody,
shall be guilty of an offence and liable to a fine and imprisonment
for a term of 2 years.
(8) The Bailiff or a Jurat
may issue a warrant remanding in custody a person to whom this Article applies
and a person who is so remanded, or a person to whom this Article applies who
is remanded in custody pursuant to a court order, is a person lawfully remanded
in custody for the purposes of this Article.
part 4
PLACEMENT PANEL FOR CHILDREN AND YOUNG
PERSONS[28]
17 Placement Panel for
children and young persons[29]
(1) The Placement Panel for
children and young persons shall be established.[30]
(2) The Panel shall be a
body corporate with perpetual succession and may –
(a) sue
and be sued in its corporate name; and
(b) so
far as is possible for a body corporate, exercise the rights and privileges and
incur the liabilities and obligations of a natural person of full age and
capacity.[31]
18 Functions
of the Panel
The Panel shall have the following functions –
(a) determining the
appropriate place of custody for a child or young person who is remanded in
custody or sentenced to youth detention;
(b) reviewing its decision
concerning its placement of a child or young person in an appropriate place of
custody within one month of the start of such placement and thereafter at
intervals not exceeding 3 months and, where it thinks it appropriate to do
so, requiring that child or young person to be moved to another appropriate
place of custody (if available);
(c) in the case of a female
young person who is detained in the prison in exercise of powers under Article 7,
10 or 16, reviewing the initial decision to place her in prison within a
week of the start of such placement and, thereafter, at intervals not exceeding
1 month and, where it thinks appropriate to do so, requiring that she be
moved to an appropriate place of custody;
(d) making assessments of
children and young persons for the purpose of exercising its functions under
this Law;
(e) consulting with the
Secretary of State as to whether, in the case of a child or young person
sentenced to youth detention, all or part of the sentence should be served
outside Jersey under the Crime (Sentences) Act 1997 of the United Kingdom;
(f) making
arrangements for the delivery of a child or young person to or from any place
of detention to or from which the child or young person is required to be moved
under this Law.[32]
19 Matters
to be taken into account by the Panel when exercising its functions
In exercise of its functions under Article 18, the Panel shall
consider what is in the best interests of the child or young person and of any
other person who is or may be detained in the same place having regard
to –
(a) the behaviour of the child
or young person;
(b) any likely impact of
the behaviour of other persons detained in a place of custody on the child or young
person and any likely impact of the behaviour of the child or young person on
other persons detained in the same place;
(c) the views of the child
or young person;
(d) the opinion of any
person having parental responsibility for the child or young person;
(e) the educational needs
of the child or young person;
(f) such other
matters as the Panel considers relevant; and
(g) such other matters as
the Minister may direct under Article 20.[33]
20 Functions
of the Minister
The Minister may issue directions to the Panel concerning the
policies and any criteria which the Panel must take into account under Article 19
when exercising its functions under Article 18.
21 Powers
of the Panel
The Panel shall have the powers necessary or expedient to perform
its functions including entering into contracts or other arrangements with any
person for the purpose of exercising its functions.
22 States
to make Regulations concerning the Panel
The States shall, by Regulations, make provision for the appointment
of members of the Panel and their removal, the holding of meetings of the
Panel, rights of appeal by a young person against decisions of the Panel, and
all such other matters relating to the constitution and governance of the Panel
as the States think fit.
23 Liability
(1) No person to whom this
Article applies shall be liable in damages for anything done or omitted to be
done in the discharge of any functions under this Law.
(2) Paragraph (1) does
not apply –
(a) if it
is shown that the act or omission was done in bad faith; or
(b) so as
to prevent an award of damages made in respect of an act or omission on the
ground that such act or omission was unlawful as a result of Article 7(1)
of the Human Rights (Jersey)
Law 2000.
(3) This Article applies
to –
(a) the
Panel and to any member of the Panel;
(b) the
Youth Court and to any member of the Youth Court;
(c) to
the Governor and to anyone acting on his or her behalf.
PART 5
THE YOUTH COURT
24 Youth
Court
(1) The Youth Court
established under the Criminal Justice (Young Offenders) (Jersey) Law 1994
shall continue.
(2) The Youth Court shall
have the jurisdiction conferred upon it by this or any other enactment.
(3) The Schedule shall have
effect in relation to the constitution and procedures of the Youth Court.
(4) Subject to the
provisions of this Law, the provisions of any other enactment relating to the
practice and procedure in the Magistrate’s Court shall apply to the
practice and procedure in the Youth Court.
25 Persons
to whom this Part applies
A person to whom this Part applies is a child or young person.
26 Jurisdiction
of Youth Court
(1) The Youth Court shall
have the same powers as are vested in the Magistrate’s Court and shall
have jurisdiction to hear charges against persons to whom this Part applies
regardless of whether such a person attains the age of 18 before
proceedings are completed, but, subject to paragraph (2) –
(a) a
charge made jointly against a person to whom this Part applies and a person who
has attained the age of 18 years shall be heard by the Magistrate’s Court and not by the Youth Court;
(b) where
a person to whom this Part applies is charged with an offence, the charge may
be heard by the Magistrate’s Court if a person who has attained the age of 18 years
is charged at the same time with aiding, abetting, causing, procuring, allowing
or permitting that offence;
(c) where,
in the course of proceedings before the Magistrate’s Court, it appears that the person to whom the proceedings relate
is a person to whom this Part applies, nothing in this paragraph shall be
construed as preventing the Magistrate’s Court, if it thinks fit, from continuing with the hearing and
determination of those proceedings.
(2) Notwithstanding the
fact that the Magistrate’s Court has heard a case involving a person to
whom this Part applies, where that person is convicted of an offence and is, on
the date of conviction, still under the age of 18 years, the Court
may remand the person in custody or on bail for sentence by the Youth Court.
(3) For the avoidance of
doubt, it is declared that, in respect of a person to whom this Part applies, Articles 25
to 27 of the Criminal Procedure Law (concerning the sending of a defendant for
sentencing or trial before the Royal Court) shall apply as if the reference in
those Articles to the Magistrate, were to the Youth Court.[34]
27 Procedure
in Youth Court
(1) The Youth Court shall
sit as often as may be necessary for the purpose of exercising the jurisdiction
conferred on it by or under this Law or any other enactment and, unless there
are no cases before the Court, it shall sit on at least one occasion in each
week.
(2) No person shall be
present at a sitting of the Youth Court except –
(a) members
and officers of the court;
(b) parties
to the case before the court, their advocates and solicitors, and witnesses and
other persons directly concerned in that case;
(c) bona fide representatives of newspapers, news agencies or sound or
television broadcasting companies;
(d) such
other persons as the court may specially authorize to be present.
28 Miscellaneous
provisions as to powers of Youth Court
(1) The Youth Court sitting
for the purpose of hearing a charge against, or an application relating to, a
person who is believed to be a person to whom this Part applies may, if it
thinks fit to do so, proceed with the hearing and determination of the charge
or application, notwithstanding that it is subsequently discovered that the
person in question had attained the age of 18 years prior to the
charge or application being made.
(2) The attainment of the
age of 18 years by a person in respect of whom a probation order or
community service order is in force, or a person in whose case an order for
conditional discharge has been made, shall not deprive the Youth Court of
jurisdiction to enforce the person’s attendance and deal with the
requirements of the probation order or community service order, or the
commission of a further offence, or to amend or discharge the probation order or
community service order.
29 Appeals
from Youth Court
(1) There shall be a Youth
Appeal Court consisting of the Bailiff and 3 members of the panel
appointed under paragraph 1 of the Schedule who were not members of the
Youth Court from which the appeal is being heard.
(2) A person convicted by
the Youth Court may appeal to the Youth Appeal Court and the provisions of Articles 33
to 41 of the Criminal Procedure (Jersey)
Law 2018https://www.jerseylaw.je/laws/current/Pages/07.595.aspx, shall apply mutatis mutandis to any such appeal.[35]
part 6
REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS
AND CONSEQUENTIAL AMENDMENTS
30 Repeal
of the Criminal Justice (Young Offenders) (Jersey) Law 1994
(1) The Criminal Justice (Young Offenders)
(Jersey) Law 1994 shall be
repealed.[36]
(2) Notwithstanding
the repeal of the Criminal Justice (Young Offenders) (Jersey) Law 1994
(“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]
31 Regulations and Orders
– general provisions
Any Regulations or Order under this Law may contain such
transitional, consequential, incidental or supplementary provisions as appear
to the States, or, as the case may be, the Minister making the Order, to be
expedient for the purposes of the Regulations or the Order.[38]
32 Consequential amendments to
enactments and transitional provisions
(1) The States may, by
Regulations, amend any enactment, including this Law, for the purpose of making
such provision as they consider necessary or expedient in consequence of the
coming into force of any provision of this Law.
(2) A child or young person
who, on the date this Law comes into force, is detained, or required to be
detained, in custody on remand or following the passing of a sentence shall be
deemed to have been detained, or required to be detained, in custody under this
Law and the Panel shall, accordingly, exercise its functions in relation to the
placement of that child or young person in custody.
(3) Paragraph (2) does
not affect the length of any period of detention to which a child or young
person has been sentenced before the date this Law comes into force.
(4) In respect of a child
or young person who, on the day this Law comes into force, is detained in
custody on remand or following the passing of a sentence, the panel shall
review the placement of –
(a) a
child or young person who is detained in an appropriate place of custody as
soon as reasonably practicable after this Law comes into force and in any event
not later than 3 months after the day that this Law comes into force;
(b) a
female young person who is detained in prison as soon as reasonably practicable
after this Law comes into force and in any event not later than one month after
the day that this Law comes into force.[39]
part 7
closing
33 Citation
This Law may be cited as the Criminal Justice (Young Offenders)
(Jersey) Law 2014 and shall come into force on such day or days as the
States may by Act appoint.