Prison (Jersey) Law
1957[1]
A LAW relating to the administration
of the Prison, to provide for the establishment and administration of institutions
for young offenders, and to provide for matters incidental thereto[2]
Commencement
[see
endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“ammunition” has the meaning given in Article 1(1)
of the Firearms (Jersey) Law 2000;
“authorization” means written authorization;
“biometric information” means data about an
individual’s external characteristics, including, in particular, the
features of an iris or of any other part of the eye;
“controlled drug” has the meaning given in Article 3
of the Misuse of Drugs (Jersey) Law
1978;
“cooperation scheme” means a scheme for ensuring that
assistance may be provided between the Minister and an overseas prison
authority, to enable the Minister and the overseas prison authority to perform
their functions;
“convey” includes bring and throw;
“electronic communication” has the meaning given in
Article 1(1) of the Electronic Communications
(Jersey) Law 2000;
“explosive” has the meaning given to ‘explosives’
in Article 1(1) of the Explosives (Jersey) Law 1970;
“fingerprints” has the meaning given in Article 1(1)
of the Police Procedures and
Criminal Evidence (Jersey) Law 2003;
“firearm” has the meaning given in Article 1(1) of
the Firearms (Jersey) Law 2000;
“Governor” means the person employed under the Employment of States of
Jersey Employees (Jersey) Law 2005 as the Governor for the purposes of this Law;
“Independent Prison Monitoring Board” means the
Independent Prison Monitoring Board established in Regulations made under
Article 6;
“intimate sample” has the meaning given in Article 1(1)
of the Police Procedures and
Criminal Evidence (Jersey) Law 2003;
“intoxicating liquor” has the meaning given in Article 1(1)
of the Licensing (Jersey) Law 1974;
“medical officer” means the officer appointed under
Article 7(1);
“Minister” means the Minister
for Justice and Home Affairs;
“offensive weapon” has the meaning given in Article 1(1)
of the Police Procedures and
Criminal Evidence (Jersey) Law 2003;
“overseas prison authority” means an authority (by
whatever name it is called) that performs in a place outside Jersey any
functions that are equivalent to or of the same kind as those of the Minister
under this Law;
“personal communication device” means –
(a) a mobile telephone;
(b) any other device that is capable of
transmitting or receiving an electronic communication;
(c) a component part of a device described in paragraph (a) or (b); or
(d) an
item designed or adapted for use with a device described in paragraph (a) or (b),
and it is irrelevant whether or not a personal communication device
forms part of another device of any kind;
“photograph” means a recording on any medium on which an
image (including a moving image) is produced or from which such an image may by
any means be produced;
“prison” or “the prison” means –
(a) the
States of Jersey Prison at La Moye;
(b) any
other prison which may be built;
(c) any
building or part of a building designated to be a prison under Article 19(2);
and
(d) any
young offender institution;
“prisoner” includes a person sentenced to youth
detention;
“prison officer” means a person employed under the Employment of States of
Jersey Employees (Jersey) Law 2005 as a prison officer for the purposes of this
Law;
“recording device” means –
(a) a camera;
(b) any other device that is capable of
recording a sound, a still image or a moving image (in combination or
otherwise);
(c) a component part of a device described in
paragraph (a)
or (b); or
(d) an item designed or adapted for use with a device
described in paragraph (a) or (b),
and it is irrelevant whether or not a recording device forms part of
another device of any kind;
“sound-recording” means a recording of sounds on any
medium from which the sounds may by any means be reproduced;
“young offender institution” means an institution
provided under Article 27; and
“youth detention” has the meaning given by Article 1(1)
of the Criminal Justice (Young Offenders)
(Jersey) Law 2014.[3]
(2) A reference in this Law
to a sum adjudged to be paid by a conviction includes a sum payable under a
compensation order made under Article 2(1) of the Criminal Justice
(Compensation Orders) (Jersey) Law 1994.[4]
(3) A reference in this Law
to an enactment, including an enactment of the United Kingdom, is a reference
to that enactment as amended from time to time, and includes a reference to
that enactment as applied or extended by or under any other enactment,
including any other provision of that enactment.[5]
(4) For the purposes of
this Law, the maintenance of a prisoner shall include all necessary expenses
incurred in respect of the prisoner for food, clothing, custody and removal
from one place to another, from the period of the prisoner’s committal to
prison until the prisoner’s discharge from, or death in, prison.
(5) The States may by
Regulations amend paragraph (1).[6]
2 [7]
3 General
duties of Minister
(1) The Minister shall have
the general administration and superintendence of the prison and shall make the
contracts, other than contracts of employment, and do the other acts necessary
for the maintenance of the prison and the maintenance of prisoners.[8]
(2) The Minister shall from
time to time visit the prison and examine the state of buildings, the conduct
of officers, the treatment and conduct of prisoners and all other matters
concerning the management of the prison, and shall ensure that the provisions
of this Law and of any Rules made under this Law are duly complied with.
(3) The Minister may at any
time visit the prison or any part thereof, and any prisoner.
3A Cooperation schemes
with overseas prison authorities[9]
(1) The Minister may enter
into a cooperation scheme with an overseas prison authority.
(2) A cooperation scheme
may include provision –
(a) for
the overseas prison authority, at the request of the Minister, to place its
officers or employees at the Minister’s disposal for the purpose of
enabling the Minister to meet any special demand on his or her resources in
relation to this Law;
(b) for
the Minister, at the request of the overseas prison authority, to place prison
officers or employees at the overseas prison authority’s disposal for the
purpose of enabling that authority to meet any special demand on its resources;
and
(c) for
apportioning between the Minister and the overseas prison authority any
expenses incurred in taking measures to secure the operation of the scheme.
(3) Paragraph (4)
applies to a person who is an officer or employee of an overseas prison
authority, while serving a period of duty in Jersey under a provision of a
cooperation scheme made under paragraph (2)(a).
(4) The person is to be
treated for the purposes of any enactment (including the provisions of this Law
other than this Article) as a prison officer or employee under this Law, and
accordingly –
(a) is
subject to the authority and under the control of the Governor; and
(b) if an
officer of the overseas prison authority, has the duties and powers of a prison
officer under this Law.
(5) In this Article a
reference to an officer or employee of an overseas prison authority means a
person (by whatever name that person’s post is called) who carries out
functions for the overseas prison authority that are equivalent to those of a
prison officer or employee, as the case may be, under this Law.
4 Annual
report of Minister
(1) The Minister shall each
year, present to the States a report on the prison for the preceding calendar
year.[10]
(2) The report shall
contain –
(a) a
statement of the accommodation at the prison and the daily average and highest
number of prisoners confined therein;
(b) particulars
of the work done by prisoners in the prison;
(c) a
statement of the punishments inflicted in the prison and of the offences for
which they were inflicted.[11]
5 Right
of Lieutenant-Governor, Bailiff and Viscount to visit prison
(1) The Lieutenant-Governor
and the Bailiff may at any time visit the prison or any part thereof, and any
prisoner, and enter in the visitors’ book, to be kept by the governor of
the prison, any observations on the condition of the prison or on any abuses.
(2) The governor of the
prison shall bring any entry in the visitors’ book to the attention of
the Minister and to the Independent Prison Monitoring Board at their next
visit.[12]
(3) The Viscount may at any
time visit the prison or any part thereof, and any prisoner, whenever it is
necessary for the Viscount to do so in the discharge of the duties of his or
her office.
6 Independent
Prison Monitoring Board[13]
(1) The States shall make
Regulations providing for the establishment of an Independent Prison Monitoring
Board, which shall consist of such persons appointed at such times, in such
manner and for such terms as may be specified in the Regulations.
(2) Regulations made under
paragraph (1) shall specify the functions of the Independent Prison
Monitoring Board and include provision for –
(a) visits
to the prison by members of the Board;
(b) inspection
of any part of the prison, including any cell, by members of the Board;
(c) the
reporting to the Minister of any matter which he or she considers it expedient
to report.
(3) All members of the
Independent Prison Monitoring Board –
(a) shall have free access at all times to all parts of the prison and to all
prisoners; and
(b) may see such prisoners as they desire, either in their cells or in
a room out of sight and hearing of officers.
(4) [14]
7 Medical
officer and chaplain[15]
(1) The Minister shall
appoint a medical officer of the prison who shall be a doctor.
(2) Subject to paragraph (3),
the Minister shall appoint a chaplain who is a clergyman of the Church of
England.
(3) The Minister may
appoint a chaplain who is a clergyman of a religious denomination other than
the Church of England –
(a) where the number of prisoners who belong to a religious denomination other
than the Church of England is such as in the opinion of the Minister to require the
appointment of a chaplain of that denomination; or
(b) where,
despite advertising for the position of chaplain in such manner as the Minister
considers appropriate, the Minister is unable to fill the vacancy with a clergyman of the Church of
England.
(4) The States may by
Regulations amend this Article.
7A Powers of prison
officers[16]
Every prison officer while acting as such shall have all the powers,
authority, protection and privileges of a member of the States of Jersey Police
Force.
8 Prison
ministers
(1) The Minister may allow
a minister of religion of any denomination other than Church of England to
visit prisoners of the minister’s denomination.
(2) No prisoner shall be
visited against the prisoner’s will by such a minister of religion as is
mentioned in paragraph (1), but every prisoner not belonging to the Church
of England shall be allowed, in accordance with the arrangements in force in
the prison, to attend chapel or to be visited by the chaplain.
(3) The governor of the
prison shall on the reception of each prisoner record the religious
denomination to which the prisoner declares himself or herself to belong, and
shall give to any minister who under this Article is allowed to visit prisoners
therein a list of the prisoners who have declared themselves to belong to the
minister’s denomination; and the minister shall not be allowed to visit
any other prisoners.
(4) The States may by Regulations
amend this Article.[17]
9 Legal
custody of prisoners
(1) Every prisoner shall be
deemed to be in the legal custody of the governor of the prison.
(2) A prisoner shall be
deemed to be in legal custody while he or she is confined in, or is being taken
to or from, the prison or any prison outside Jersey, and while the prisoner is
working, or is for any other reason, outside the prison in the custody or under
the control of an officer of the prison and while the prisoner is being taken
to or from any place to which he or she is required or authorized by or under
this Law to be taken, or is kept in custody in pursuance of any such
requirement or authorization.[18]
10 Cells
(1) No cell shall be used
for the confinement of a prisoner unless it is certified by the medical officer
of the prison that its size, lighting, heating, ventilation and fittings are adequate
for health and that it allows the prisoner to communicate at any time with a
prison officer.[19]
(2) A certificate given
under this Article in respect of any cell may limit the period for which a
prisoner may be separately confined in the cell and the number of hours a day
during which a prisoner may be employed therein.
(3) The certificate shall
identify the cell to which it relates by a number or mark and the cell shall be
marked by that number or mark placed in a conspicuous position; and if the number
or mark is changed without the consent of the medical officer of the prison the
certificate shall cease to have effect. [20]
(4) The medical officer of
the prison may withdraw a certificate given under this Article in respect of
any cell if in his or her opinion the conditions of the cell are no longer as
stated in the certificate. [21]
(5) Special cells may be
provided for the temporary confinement of refractory or violent prisoners. [22]
11 Separation
of male and female prisoners
Separate buildings or parts of a building shall be used in the
prison for male prisoners and for female prisoners respectively so as to
prevent the one from seeing or communicating with the other.[23]
12 [24]
13 Painful
tests
The medical officer of the prison shall not apply any painful test
to a prisoner for the purpose of detecting malingering or for any other purpose
except with the permission of the Minister.
13A Power to test persons detained in
the prison for controlled drugs[25]
(1) The Governor may issue
an authorization empowering any prison officer, at the prison, to require any
person who is detained in the prison to provide a sample of urine for the
purpose of ascertaining whether the person has any controlled drug in his or
her body.
(2) An authorization under
paragraph (1) may further empower any prison officer, at the prison, to
require a person who is detained in the prison to provide a sample of any other
description specified in the authorization, not being an intimate sample,
whether instead of or in addition to a sample of urine.
(3) An authorization under
paragraph (1) shall be in writing.
(4) [26]
13B Power to test persons detained in
the prison for alcohol[27]
(1) The Governor may issue
an authorization empowering any prison officer, at the prison, to require any
person who is detained in the prison to provide a sample of breath for the
purpose of ascertaining whether the person has alcohol in his or her body.
(2) An authorization under
paragraph (1) may further empower any prison officer, at the prison, to
require a person who is detained in the prison –
(a) to
provide a sample of urine, whether instead of or in addition to a sample of
breath; and
(b) to
provide a sample of any other description specified in the authorization, not
being an intimate sample, whether instead of or in addition to a sample of
breath, a sample of urine or both.
(3) An authorization under
paragraph (1) shall be in writing.
(4) [28]
13C Powers of search by
authorized employees[29]
(1) An authorized employee
at the prison shall have the power to search any person detained in the prison
for the purpose of ascertaining whether the person has any unauthorized
property on his or her person.
(2) An authorized employee
searching a person detained in the prison by virtue of this
Article –
(a) shall
not be entitled to require a person to remove any of his or her clothing other
than an outer coat, jacket, headgear, gloves and footwear;
(b) may
use reasonable force where necessary; and
(c) may
seize and detain any unauthorized property found on the person in the course of
the search.
(3) The
Governor –
(a) may
authorize employees for the purposes of paragraphs (1) and (2); and
(b) shall
take such steps as he or she considers appropriate to notify to persons
detained who are detained in the prison of the employees who are for the time
being so authorized.
(4) In this
Article –
“employee” means a person, other than a prison officer,
who is employed within the prison, under the Employment of States of
Jersey Employees (Jersey) Law 2005;
“unauthorized property”, in relation to a person, means
property which he or she is not authorized by Rules made under Article 29
or by the Governor, to have in his or her possession or, as the case may be, in
his or her possession in a particular part of the prison.
14 Removal
of prisoners for judicial and other purposes
The Bailiff may –
(a) if the Bailiff is
satisfied that the attendance at any place in Jersey of a person detained in
the prison is desirable in the interests of justice or for the purposes of any
public inquiry, direct the person detained to be taken to that place;
(b) if the Bailiff is
satisfied that a person so detained requires medical investigation or
observation or medical or surgical treatment of any description, direct the person
detained to be taken to a hospital or other suitable place for the purpose of
the investigation, observation or treatment,
and where any person is directed under this Article to be taken to
any place the person shall, unless the Bailiff otherwise directs, be kept in
custody while being so taken, while at that place, and while being taken back
to the prison.[30]
15 Power
of police officer to act outside the police officer’s jurisdiction
For the purposes of taking a person to or from the prison under the order
of any authority competent to give the order, an officer of police, whether
honorary or paid, may act outside the area of the officer’s jurisdiction
and shall, notwithstanding that the officer is so acting, have all the powers,
authority, protection and privileges of his or her office.
16 Calculation
of term of sentence
(1) In any sentence of
imprisonment, the word “month” shall, unless the contrary is
expressed, be construed as meaning calendar month.
(2) A prisoner who but for
this paragraph would be discharged on a Saturday, a Sunday, Christmas Day, Good
Friday, or any day appointed to be observed as a public holiday under Article 2
of the Public Holidays and Bank
Holidays (Jersey) Law 1951, shall be discharged on the day next preceding.[31]
17 Remission
for good conduct and release on licence of persons sentenced to terms of
imprisonment
(1) Rules made under Article 29
may make provision whereby, in such circumstances as may be prescribed by the Rules,
a person serving a sentence of imprisonment or youth detention for such a term
as may be so prescribed may be granted remission of such part of that sentence
as may be so prescribed on the ground of the person’s industry and good
conduct, and on the discharge of a person from prison or a young offender
institution in pursuance of any such remission as aforesaid the person’s
sentence shall expire.[32]
(2) If it appears to the
Minister that a person serving a sentence of imprisonment was under the age of 21
years at the commencement of his or her sentence, the Minister may direct that
instead of being granted remission of his or her sentence under the Rules the person
shall, at any time on or after the day on which the person could have been
discharged if the remission had been granted, be released on licence under the
following provisions of this Article.
(3) A person released on
licence under this Article shall until the expiration of the person’s
sentence be under the supervision of such person as may be specified in the
licence and shall comply with such other requirements as may be so specified:
Provided that the Minister may at any time modify or cancel any such
requirements.
(4) If before the
expiration of the person’s sentence the Minister is satisfied that a person
released as aforesaid has failed to comply with any requirement for the time
being specified in the licence, the Minister may by order recall the person to
the prison; and thereupon he or she shall be liable to be detained in prison
until the expiration of his or her sentence and, if at large, shall be deemed
to be unlawfully at large.
(5) The Minister may
release on licence a person detained in a prison under paragraph (4) at
any time before the expiration of the person’s sentence; and paragraphs (3)
and (4) shall apply in the case of a person released under this paragraph as
they apply in the case of a person released under paragraph (2).
(6) Where the unexpired part
of the sentence of a person released under paragraph (2) is less than 6
months, paragraphs (3) to (5) shall apply to the person subject to the
following modifications –
(a) the
period for which the person is under supervision under paragraph (3) and
is liable to recall under paragraph (4) shall be a period of 6 months from
the date of his or her release under paragraph (2);
(b) if the
person is recalled under paragraph (4), the period for which he or she may
be detained thereunder shall be whichever is the shorter of the following, that
is to say –
(i) the remainder of
the said period of 6 months, or
(ii) the
part of the person’s sentence which was unexpired on the date of his or
her release under paragraph (2), reduced by any time during which the person
has been so detained since that date,
and the person may be released on licence under paragraph (5)
at any time before the expiration of that period.
(7) For the purposes of
this Article, a person committed to prison or a young offender institution in
default of payment of a sum adjudged to be paid by a conviction shall be
treated as undergoing a sentence of imprisonment or youth detention for the
term for which the person is committed, and consecutive terms of imprisonment or
youth detention shall be treated as one term of a period equal to the aggregate
of the consecutive terms.[33]
18 Power
of Bailiff to discharge prisoners temporarily on account of ill-health
(1) If the Bailiff is
satisfied that by reason of the condition of a prisoner’s health it is
undesirable to detain the prisoner in prison, but that, such condition of
health being due in whole or in part to the prisoner’s own conduct in
prison, it is desirable that his or her release should be temporary and
conditional only, the Bailiff may, if he or she thinks fit, having regard to
all the circumstances of the case, by order authorize the temporary discharge
of the prisoner for such period and subject to such conditions as may be stated
in the order.
(2) Where an order of
temporary discharge is made in the case of a prisoner not under sentence, the order
shall contain conditions requiring the attendance of the prisoner at any
further proceedings on his or her case at which the prisoner’s presence
may be required.
(3) Any prisoner discharged
under this Article shall comply with any conditions stated in the order of
temporary discharge, and shall return to prison at the expiration of the period
stated in the order, or of such extended period as may be fixed by any
subsequent order of the Bailiff, and, if the prisoner fails so to comply or
return, the prisoner may be arrested and taken back to prison.
(4) Where a prisoner under
sentence is discharged in pursuance of an order of temporary discharge, the
currency of the sentence shall be suspended from the day on which he or she is
discharged from prison under the order to the day on which he or she is
received back into prison, so that the former day shall be reckoned and the
latter shall not be reckoned as part of the sentence.
(5) Nothing in this Article
shall affect the duties of the medical officer of the prison in respect of a
prisoner whom the Bailiff does not think fit to discharge under this Article.
19 Alteration,
etc. of prison
(1) The States may alter,
enlarge, rebuild or close the prison and build any new prison.
(2) Where the Minister
considers it is necessary for a temporary period to house prisoners in
accommodation other than the prison, the Minister may designate any building or
part of a building to be a prison.[34]
(3) Where the Minister
considers that the circumstances which gave rise to a designation under paragraph (2)
no longer apply, the Minister shall revoke such designation.[35]
(4) Where more than one
prison is provided, there shall be a governor, a chaplain and a medical officer
for each prison and where a prison is provided for the reception of women only,
the governor of that prison shall be a woman.
(5) Paragraph (4) does
not apply to a young offender institution established under Article 27.[36]
20 [37]
21 Escape
from prison[38]
Any person who, whether with or without the use of force, escapes
from the prison, or other lawful custody, shall be guilty of an offence and
shall be liable to imprisonment for a term of 10 years and to a fine.
22 Assisting prisoner to
escape[39]
Any person who aids any person in escaping or attempting to escape from
the prison or other lawful custody or who, with intent to facilitate the escape
of any such person, conveys any thing into the prison or places any thing
anywhere outside the prison with a view to its coming into the possession of
any such person, shall be guilty of an offence and be liable to imprisonment
for a term of 10 years and to a fine.
23 Harbouring
of escaped prisoner[40]
(1) Any person who
knowingly harbours a person who has escaped from the prison or other lawful
custody or who, having been sentenced in any other part of the British Islands
to imprisonment or detention, is otherwise unlawfully at large, or gives to any
such person any assistance with intent to prevent, hinder or interfere with him
or her being taken into custody, shall be guilty of an offence and shall be
liable to imprisonment for a term of 10 years and to a fine.[41]
(2) For the purposes of
this Article, the expression “imprisonment or detention” means
imprisonment, custody for life, youth custody, detention in a detention centre
or young offenders institution or detention under any equivalent sentence
passed by a court in the British Islands outside Jersey.[42]
24 Conveyance of
Grade 1 item into or out of prison[43]
(1) A Grade 1 item is
any of the following –
(a) a
controlled drug;
(b) an
article made or adapted for use in the ingestion of a controlled drug;
(c) an
explosive;
(d) a
firearm or ammunition;
(e) any
other offensive weapon.
(2) A person is guilty of
an offence if he or she –
(a) conveys
a Grade 1 item into or out of the prison;
(b) causes
another person to convey a Grade 1 item into or out of the prison;
(c) leaves
a Grade 1 item in any place (whether inside or outside the prison)
intending it to come into the possession of a prisoner; or
(d) knowing
a person to be a prisoner, gives a Grade 1 item to that person,
except where he or she is authorized to do so under paragraph (3)
or (4).
(3) The Governor may
authorize –
(a) the
medical officer;
(b) a
doctor;
(c) a
pharmacist;
(d) a
police officer; or
(e) a
person in the employment of the prison,
to convey a Grade 1 item described in paragraph (1)(a) or
(1)(b) into or out of the prison for a purpose (including for the purpose of
leaving it in a place in the prison intending it to come into the possession of
a prisoner or for the purpose of giving it to a prisoner), subject to any
condition that may be specified in the authorization.
(4) The Chief Officer or
the Deputy Chief Officer of the States of Jersey Police Force may authorize a
person to convey a Grade 1 item described in paragraph (1)(c), (1)(d)
or (1)(e) into or out of the prison for a purpose, subject to any condition
that may be specified in the authorization.
(5) A person who is
authorized under paragraph (3) or (4) to convey a Grade 1 item into
or out of the prison shall be guilty of an offence if he or she so conveys it
for a purpose other than for the purpose authorized or fails to comply with a
condition subject to which the authorization is given.
(6) A person who is guilty
of an offence under paragraph (2) or (5) shall be liable to imprisonment
for a term of 10 years and to a fine.
(7) The States may by
Regulations –
(a) amend
the definition “Grade 1 item” in paragraph (1) to include
other items;
(b) amend
this Article to make provision for authorization to be given by the Governor or
the Chief Officer or Deputy Chief Officer of the States of Jersey Police Force
to a person or a class of person for a Grade 1 item (other than an item
for which authorization is permitted under paragraph (3) or (4))
to be conveyed into or out of the prison for a purpose, and subject to any
condition specified in the authorization.
25 Conveyance of Grade 2
item into or out of prison[44]
(1) A Grade 2 item is
any of the following –
(a) intoxicating
liquor;
(b) a
personal communication device;
(c) a
recording device.
(2) A person is guilty of
an offence if he or she –
(a) conveys
a Grade 2 item into or out of the prison;
(b) causes
another person to convey a Grade 2 item into or out of the prison;
(c) leaves
a Grade 2 item in any place (whether inside or outside the prison)
intending it to come into the possession of a prisoner; or
(d) knowing
a person to be a prisoner, gives a Grade 2 item to that person,
except where he or she is authorized to do so under paragraph (3).
(3) The Governor may
authorize any person to convey a Grade 2 item into or out of the prison
for a purpose (including for the purpose of leaving it in a place in the prison
intending it to come into the possession of a prisoner or for the purpose of
giving it to a prisoner), subject to any condition that may be specified in the
authorization.
(4) A person who is
authorized under paragraph (3) to convey a Grade 2 item into or out
of the prison shall be guilty of an offence if he or she so conveys it for a
purpose other than for the purpose authorized or fails to comply with a
condition subject to which the authorization is given.
(5) For the purpose of
paragraph (2)(a) and (b) a person does not convey an item into
or out of the prison if the person conveys it into a part of the prison
designated by the Governor for the holding of items while the person is inside
the prison, surrenders it to be held there, and removes it from there on
leaving the prison.
(6) In proceedings for an
offence under this Article it is a defence for the accused to show
that –
(a) he or
she reasonably believed that he or she had authorization to do the act in
respect of which the proceedings are brought; or
(b) in
all the circumstances there was an overriding public interest which justified
the doing of that act.
(7) A person who is guilty
of an offence under paragraph (2) or (4) shall be liable to
imprisonment for a term of 2 years and to a fine.
(8) The States may by
Regulations amend the definition “Grade 2 item” in paragraph (1)
to include other items, except that no amendment may be made which would result
in any Grade 1 item becoming or being treated as a Grade 2 item.
25A Conveyance of Grade 3 item
into or out of prison[45]
(1) A Grade 3 item is
any item that is not a Grade 1 item or a Grade 2 item.
(2) A person is guilty of
an offence if he or she –
(a) conveys
a Grade 3 item into the prison intending it to come into the possession of
a prisoner;
(b) causes
another person to convey a Grade 3 item into the prison intending it to
come into the possession of a prisoner;
(c) conveys
a Grade 3 item out of the prison on behalf of a prisoner;
(d) causes
another person to convey a Grade 3 item out of the prison on behalf of a
prisoner;
(e) leaves
a Grade 3 item in any place (whether inside or outside the prison)
intending it to come into the possession of a prisoner; or
(f) knowing
a person to be a prisoner gives a Grade 3 item to that person,
except where he or she is authorized to do so under paragraph (3).
(3) The Governor may
authorize any person to convey a Grade 3 item into or out of the prison
for a purpose (including for the purpose of leaving it in a place in the prison
intending it to come into the possession of a prisoner or for the purpose of
giving it to a prisoner), subject to any condition that may be specified in the
authorization.
(4) A person who is
authorized under paragraph (3) to convey a Grade 3 item into or out
of the prison shall be guilty of an offence if he or she so conveys it for a
purpose other than for the purpose authorized or fails to comply with a
condition subject to which the authorization is given.
(5) For the purpose of
paragraph (2)(a) and (b) a person does not convey an item into
or out of the prison if the person conveys it into a part of the prison
designated by the Governor for the holding of items while the person is inside
the prison, surrenders it to be held there, and removes it from there on
leaving the prison.
(6) In proceedings for an
offence under this Article it is a defence for the accused to show that –
(a) he or
she reasonably believed that he or she had authorization to do the act in
respect of which the proceedings are brought; or
(b) in
all the circumstances there was an overriding public interest which justified
the doing of that act.
(7) A person who is guilty
of an offence under paragraph (2) or (4) shall be liable to a
fine of level 3 on the standard scale.
(8) The States may by
Regulations amend this Article.
25B Other offences relating to
information and recordings[46]
(1) A person is guilty of
an offence if he or she –
(a) records
an image (whether still or moving) or sound while the person is inside the
prison or using a device that is inside the prison;
(b) transmits,
or causes to be transmitted, any image or any sound from inside the prison by
electronic communication for simultaneous reception outside the prison;
(c) brings
or otherwise conveys a restricted document out of the prison, or causes a
restricted document to be brought or conveyed out of the prison; or
(d) transmits,
or causes to be transmitted, from inside the prison by means of electronic
communication –
(i) a restricted
document, or
(ii) any
information derived from a restricted document,
except where he or she is authorized to do so under paragraph (5).
(2) In paragraph (1)
“restricted document” means the whole or any part of –
(a) a
photograph taken inside the prison;
(b) a
sound-recording made inside the prison;
(c) a
record required by Rules under Article 29 to be prepared and maintained in
relation to a prisoner, irrespective of whether that person is still a prisoner
at the time of any alleged offence; or
(d) a
document or other item in which there is recorded, by whatever means, any
information falling within paragraph (3).
(3) Information falls
within this paragraph if –
(a) it is
derived from a record falling within paragraph (2)(c);
(b) its
disclosure would or might prejudice the interests of an identified or
identifiable individual, to whom the information relates and who is or has
been –
(i) a prisoner or a
person working at the prison, or
(ii) a
member of such a person’s family or household; or
(c) it
relates to any matter connected with the prison or its operation, and its
disclosure would or might prejudice the security or operation of the prison.
(4) For the purposes of
paragraphs (1)(a), (2)(a) and (2)(b), it is immaterial where the
recording medium is located.
(5) The Governor may
authorize any person to do an act described in paragraph (1) for a purpose
and subject to any condition that may be specified in the authorization or in a
Rule made under Article 29.
(6) A person who is
authorized under paragraph (5) to do an act described in paragraph (1)
shall be guilty of an offence if he or she fails to comply with a condition
subject to which the authorization is given.
(7) In proceedings for an offence
under this Article it is a defence for the accused to show that –
(a) he or
she reasonably believed that he or she had authorization to do the act in
respect of which the proceedings are brought; or
(b) in
all the circumstances there was an overriding public interest which justified
the doing of that act.
(8) A person who is guilty
of an offence under paragraph (1) or (6) shall be liable to
imprisonment for a term of 2 years and to a fine.
26 Display
of notice of penalties
The Minister shall cause to be affixed in a conspicuous place
outside the prison a notice of the penalties to which persons committing
offences under Articles 21, 22, 23, 24, 25, 25A and 25B are liable.[47]
27 Power to provide
young offender institutions[48]
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.
28 Transfer from young offender
institution to prison[49]
Where an offender has been sentenced to a term of youth detention
and either –
(a) the offender has
attained the age of 21; or
(b) the offender has been
reported to the Minister by the Independent Prison Monitoring Board as exercising
a bad influence on the other persons detained in the young offender
institution, or as behaving in a disruptive manner to the detriment of those
other persons,
the Minister may substitute for the unexpired part of the term of his
or her sentence a term of imprisonment not exceeding the unexpired part, and
for the purposes of this Law that person shall then be treated as though he or
she had been sentenced to imprisonment for that term.
29 Rules
and directions for the management of the prison and other institutions[50]
(1) Subject to the
provisions of paragraph (6), the Minister may make Rules for the regulation
and management of the prison and for the classification, treatment, employment,
discipline and control of persons required to be detained therein.[51]
(1A) Without prejudice to the generality
of paragraph (1), Rules made under this Article may include provision for
any person detained in the prison to be required to be measured, photographed,
have his or her fingerprints taken and have such other measurements taken so as
to provide biometrical information about the person.[52]
(1B) Where Rules make provision for any
of the matters described in paragraph (1A) they shall also make
provision –
(a) as
to the manner in which any requirement under paragraph (1A) is to be
imposed;
(b) requiring
the keeping and destruction of a record of any information obtained; and
(c) requiring
a record of any information obtained to be kept confidential unless its release
is authorized by the Rules, either subject to or without conditions.[53]
(1C) Without prejudice to the generality
of paragraph (1), Rules made under this Article may include provision as
to the manner in which any power conferred by Article 13A, 13B or 13C is
to be exercised.[54]
(1D) Any Rules made under this Article
may include a power for the Minister to give a direction to the Governor in
pursuance of any such Rule.[55]
(2) Rules made under this Article
shall make provision for ensuring that a person who is charged with any offence
under the Rules shall be given a proper opportunity of presenting the person’s
case.
(3) Rules made under this Article
shall provide for the treatment of prisoners awaiting transfer under section
26, 27 or 28 of the Criminal Justice Act 1961 of the United Kingdom.[56]
(4) Rules made under this Article
shall provide for the special treatment of any person detained in the prison,
not being a person serving a sentence or a person imprisoned or sentenced to
youth detention in default of payment of a sum adjudged to be paid by a
conviction.[57]
(5) Rules made under this Article
may provide for the temporary release of persons detained in the prison, not
being persons committed in custody for trial before the Royal Court or
committed to be sentenced or otherwise dealt with by that Court or remanded in
custody by any court.[58]
(6) [59]
(7) [60]
30 Persons
unlawfully at large
(1) Any person who, having
been sentenced to imprisonment, or youth detention, or having been committed to
the prison, is unlawfully at large, may be arrested by any officer of police,
whether honorary or paid, and taken to the prison.[61]
(2) Where any person
sentenced to imprisonment, or youth detention, is unlawfully at large at any
time during the period for which he or she is liable to be detained in
pursuance of the sentence then, unless the Minister otherwise directs, no
account shall be taken, in calculating the period for which the person is
liable to be so detained, of any time during which he or she is absent from the
prison.[62]
(3) The provisions of paragraph (2)
shall apply to a person who is detained in custody in default of payment of any
sum of money as if he or she were sentenced to imprisonment or youth detention.[63]
(4) For the purposes of
this Article a person who, after being temporarily released in pursuance of Rules
made under Article 29(5), is at large at any time during the period for
which the person is liable to be detained in pursuance of his or her sentence
shall be deemed to be unlawfully at large if the period for which he or she was
temporarily released has expired or if an order recalling the person has been
made by the Minister in pursuance of the Rules.
31 [64]
32 Citation
This Law may be cited as the Prison (Jersey) Law 1957.