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 –

“Amendment Law” means the Criminal Justice (Young Offenders) (Jersey) Amendment No. 2 Law 2026;

“appropriate place of custody ” means, in relation to the Panel’s determination under Article 18(1)(a) –

(a) if a young offender is a child or young person, appropriate secure accommodation; or

(b) if a young offender is a young person, an appropriate young offender institution;

“chair of the Youth Court” and “chair” means the Magistrate in accordance with Schedule 3, paragraph 1(9);

“child” means a person who has attained the age of 10 years and has not attained the age of 15 years;

“Children Law” means the Children (Jersey) Law 2002;

“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 meaning given in Article 1(1) of the Prison Law;

“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 Children and Families;

“Panel” means the Placement Panel for children and young persons established under Article 17;

“parental responsibility” has the meaning given in Article 1(1) of the Children Law;

“person with parental responsibility”, in relation to a young offender who is a child or young person, means –

(a) their father, mother or second parent in accordance with Article 9A (parental responsibility for children) of the Children Law;

(b) their father in accordance with Article 9C (acquisition of parental responsibility by father) of the Children Law;

(c) their second parent in accordance with Article 9D (acquisition of parental responsibility by second parent) of the Children Law;

(d) their step-parent in accordance with Article 9E (acquisition of parental responsibility by step-parent) of the Children Law;

(e) a person in whose favour a parental order is made under Article 9G (parental orders) of the Children Law;

(f) a person in whose favour a recognition order is made under Article 9N (recognition of pre-existing parental orders made in England and Wales) of the Children Law;

(g) a person appointed as a guardian in accordance with Article 7 (appointment of guardians) of the Children Law;

(h) a person in whose favour a residence order is made under Article 13 (residence orders and parental responsibility) of the Children Law;

(i) the Minister in accordance with Article 26 (effect of care order) of the Children Law;

(j) if an emergency protection order under Article 37 of the Children Law is in force, the applicant in whose favour the order is made;

(k) the Minister in accordance with Article 12 (freeing child for adoption) of the Adoption (Jersey) Law 1961 (the “Adoption Law”); and

(l) an adopter in accordance with Article 20 (consequences of adoption) of the Adoption Law;

“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

“Prison Law” means 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;

“relevant person”, in relation to a young offender, means –

(a) the Governor, if a young offender is a young adult or young person serving their sentence in the prison or a young offender institution immediately before, on or after the commencement of the Amendment Law;

(b) the Panel, if a young offender is a child or young person serving their sentence in secure accommodation;

“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 meaning given in Article 1(1) of the Children Law;

“secure accommodation manager” means the person appointed to manage secure accommodation or their delegate;

“sentence” means a sentence of youth detention;

“young adult” means a person who has attained the age of 18 years and has not attained the age of 21 years;

“young offender” means a child, young person or young adult who is sentenced to youth detention;

“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 for Justice and Home Affairs under Article 27 of the Prison Law 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;

“Youth Court Panel” means the panel appointed under Schedule 3, paragraph 1;

“youth custody” means if a young offender is –

(a) a young adult, custody in the prison or a young offender institution;

(b) a child or young person, custody in an appropriate place of custody;

“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]

(3) In the definition “person with parental responsibility”, “second parent” has the meaning given by Article 1(1) of the Children Law.[4]

(4) Where this Law refers to an Act of the United Kingdom –

(a) Article 9(3) of the Interpretation (Jersey) Law 1954 applies to that reference as it applies to a reference to an enactment; and

(b) Article 6 of the Legislation (Jersey) Law 2021 applies in relation to that Act of the United Kingdom, and to any legislation of the United Kingdom that repeals or re-enacts it, as it applies in relation to Jersey legislation.[5]

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[6]

(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.[7]

(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.[8]

(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.[9]

(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.[10]

(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.[11]

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.[12]

5 Youth detention for offences where life sentence fixed by law and for other serious offences[13]

(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.[14]

(2) [15]

(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

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.[16]

(4) [17]

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;

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 secure accommodation manager.[18]

(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 young offenders after sentence[19]

(1) If a court orders a young adult to be sentenced to youth detention, the court must order the young adult to be detained in a young offender institution or the prison.

(2) If a court orders a child or young person to be sentenced to youth detention, the court must –

(a) in the case of a child, order the child to be detained in secure accommodation pending the Panel’s determination about the appropriate place of custody; and

(b) in the case of a young person, order the young person to be detained in secure accommodation pending the Panel’s determination about the appropriate place of custody, subject to paragraph (3).

(3) Despite paragraph (2)(b), the court –

(a) must consider what is in the best interests of a young person and of any child or other young person who is, or may be, detained in the same place of custody; and

(b) after having regard to the matters in paragraph (4), may order a young person to be detained in a young offender institution.

(4) The court must have regard to –

(a) the young person’s behaviour;

(b) the likely impact of the young person’s behaviour on any children or other young persons detained in the same place of custody;

(c) the likely impact of the behaviour of any children or other young persons on the young person detained in the same place of custody;

(d) the young person’s views;

(e) the opinion of a person with parental responsibility for the young person;

(f) the young person’s educational needs;

(g) any other matters the court considers relevant; and

(h) the availability of secure accommodation and whether that accommodation is suitable for the young person.

(5) The Panel must determine the appropriate place of custody as soon as reasonably practicable and, in any event, not later than –

(a) the specified period after the child or young person was detained; or

(b) 72 hours after the child or young person was detained if there is no specified period.

(6) Paragraph (5) does not limit the exercise of the Governor’s powers under Article 10 in relation to a young person.

(7) In this Article –

(a) in paragraphs (3)(a) and (4)(b) and (c), “place of custody” means secure accommodation or a young offender institution;

(b) “specified period” means the period specified by the Minister by Order.

(8) 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.

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 Early release, temporary release and supervision of released young offenders[20]

(1) Schedule 1 provides for –

(a) the release of young offenders from youth custody before completion of their sentence (“early release”);

(b) the supervision of young offenders after their early release; and

(2) Schedule 2 provides for –

(a) young offenders to be temporarily released during their sentence;

(b) the recall of temporarily released young offenders to youth custody;

(d) miscellaneous matters.

(3) The States may, by Regulations, amend Schedule 1 or Schedule 2 for the purposes of –

(a) making further or different provision about early release, supervision, temporary release, recall to youth custody, appeals or failure to return to, or escape from, youth custody;

(b) making further transitional provisions; or

10 Power of Governor to transfer young adults in certain circumstances[21]

(1) This Article applies to a young offender who is a young adult on remand or serving a sentence in a young offender institution.

(2) Paragraph (3) applies if the Governor is of the opinion –

(a) that because of the young adult’s behaviour it is not in their interests, or the interests of other people detained in the same young offender institution, to continue to detain the young adult in that institution; or

(b) having regard to all relevant circumstances, the prison is more suitable for the young adult.

(3) The Governor may require the young adult to be transferred to the prison –

(a) for the period of their remand; or

(b) for a fixed term or for the remaining part of the young adult’s sentence.

(4) If the young offender has reached the age of 18 while on remand or serving a sentence, the Governor must first consult the Panel before exercising their powers under paragraph (3).

(5) The Governor may, if they consider it necessary having regard to all the relevant circumstances, require a young adult to be transferred to a prison medical facility or to a hospital for medical treatment.

(6) For the purpose of transferring a young adult under this Article, it is lawful for a person acting on behalf of the Governor to carry out the transfer of that young adult, and to detain them for the purpose of carrying out that transfer.

(7) Under paragraph (6) –

(a) a young adult is taken to be in lawful custody during the period of the transfer; and

(b) in the case of a young adult sentenced to youth detention, the period of transfer is treated as a part of the young adult’s sentence.

11 Attendance at court of parent or guardian of child or young person brought before court[22]

(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.[23]

(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) The reference in paragraphs (1) and (2) to a person who is a parent or guardian of a child or young person is taken to include an officer of an administration of the States for which the Minister has responsibility –

(a) if the Minister has parental responsibility for the child or young person; or

(b) if the child or young person is being looked after within the meaning of Article 1A(a) or (b) of the Children Law.[24]

(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 [25]

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[26]

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 Law.

part 3

remand

16 Remand of children, young persons and young adults[27]

(1) This Article applies to a child, young person or young adult who is placed on remand following the order of a court, or the issuing of a warrant.

(2) A young adult must be remanded to a young offender institution.

(3) A child must be remanded to secure accommodation pending the Panel’s determination about the appropriate place of custody.

(4) A young person must be remanded to secure accommodation pending the Panel’s determination about the appropriate place of custody, subject to paragraph (5).

(5) Despite paragraph (4), the court ordering the remand, or person issuing a warrant for the remand –

(a) must consider what is in the best interests of a young person and of any child or other young person who is, or may be, detained in the same place of custody; and

(b) after having regard to the matters in paragraph (6), may remand the young person to a young offender institution.

(6) The court or person must have regard to –

(a) the young person’s behaviour;

(b) the likely impact of the young person’s behaviour on any children or other young persons detained in the same place of custody;

(c) the likely impact of the behaviour of any children or other young persons on the young person detained in the same place of custody;

(d) the young person’s views;

(e) the opinion of a person with parental responsibility for the young person;

(f) the young person’s educational needs;

(g) any other matters the court or person considers relevant; and

(h) the availability of secure accommodation and whether that accommodation is suitable for the young person.

(7) The Panel must determine the appropriate place of custody as soon as reasonably practicable and, in any event, not later than –

(a) the specified period after the child or young person was detained; or

(b) 72 hours after the child or young person was detained if there is no specified period.

(8) Paragraph (7) does not limit the exercise of the Governor’s powers under Article 10 in relation to a young person.

(9) In this Article –

(a) in paragraphs (5)(a) and 6(b) and (c), “place of custody” means secure accommodation or a young offender institution;

(b) “specified period” means the period specified by the Minister by Order.

16A Offence of assisting escape etc. of a person on remand under Article 16[28]

(1) A person commits an offence, and is liable to a fine and to imprisonment for a term of 2 years, if –

(a) they knowingly assist or induce a person on remand to escape from a place of custody;

(b) without lawful authority, they take a person on remand away from a place of custody; or

(i) harbour or conceal a person on remand who has escaped or been taken away from a place of custody; or

(ii) prevent the person on remand from returning to a place of custody.

(2) In this Article –

“person on remand” means a child, young person or young adult who is remanded in accordance with Article 16;

“place of custody” means –

(a) in relation to a young adult, a young offender institution;

(b) in relation to a young person, secure accommodation or a young offender institution;

(d) a place in which a person on remand is detained pending their remand to secure accommodation or a young offender institution; or

(e) the transportation in which a person on remand is conveyed to secure accommodation or a young offender institution.

part 4

PLACEMENT PANEL FOR CHILDREN AND YOUNG PERSONS[29]

17 Placement Panel for children and young persons[30]

(1) The Placement Panel for children and young persons shall be established.[31]

(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.[32]

18 Functions of the Panel[33]

(1) The Panel has, in addition to its functions under Schedule 1 and Schedule 2, the following functions in relation to a child or young person –

(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 determination of an appropriate place of custody within 1 month of the start of the child’s or young person’s placement and then at intervals not exceeding 3 months;

(c) if it thinks it appropriate to do so, requiring the child or young person to be transferred to another appropriate place of custody (if available);

(d) making assessments of children and young persons for the purpose of exercising its functions under this Article;

(e) consulting 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) authorising arrangements for the transfer of a child or young person to or from a place of custody to or from which the child or young person is required to be transferred under this Law.

(2) The Minister may issue directions to the Panel about the exercise of its functions under paragraph (1)(a) to (f).

(3) A direction may require the Panel to reconsider a decision or determination taken in the exercise of its functions under this Article if the Minister considers that the Panel’s decision or determination was not in the best interests of –

(a) the child or young person; or

(b) another child or young person who is, or may be, detained in the same place of custody.

(4) In this Article –

(a) in paragraph (1)(f), “place of custody” means –

(i) in relation to a child, secure accommodation;

(ii) in relation to a young person, secure accommodation or a young offender institution; or

(iii) a place in which a child or young person on remand is detained pending their remand to secure accommodation or a young offender institution;

(b) in paragraph (3)(b), “place of custody” means –

(i) in relation to a child, secure accommodation;

(ii) in relation to a young person, secure accommodation or a young offender institution.

19 Matters to be taken into account by the Panel when exercising its functions[34]

(1) In exercise of its functions under Article 18, the Panel must consider what is in the best interests of a child or young person and of any other child or young person who is, or may be, detained in the same place of custody having regard to –

(a) the behaviour of the child or young person;

(b) the likely impact of the behaviour of the child or young person on other children or young persons detained in the same place of custody;

(c) the likely impact of the behaviour of other children or young persons on the child or young person detained in the same place of custody;

(d) the views of the child or young person;

(e) the opinion of a person with parental responsibility for the child or young person;

(f) the educational needs of the child or young person; and

(g) any other matters the Panel considers relevant.

(2) in this Article, “place of custody” means –

(a) in relation to a child, secure accommodation;

(b) in relation to a young person, secure accommodation or a young offender institution.

20 [35]

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[36]

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 child or 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;

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) Schedule 3 sets out the constitution and procedures of the Youth Court.[37]

(4) The States may, by Regulations, amend Schedule 3 to make further or different provision about the constitution and procedures of the Youth Court.[38]

(5) Subject to the provisions of this Law, the provisions of any other enactment relating to the practice and procedures of the Magistrate’s Court apply to the practice and procedures of the Youth Court.[39]

25 [40]

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 a child or young person regardless of whether they attain the age of 18 before proceedings are completed, but, subject to paragraph (2) –

(a) a charge made jointly against a child or young person 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 child or young person 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 child or young person, 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.[41]

(2) Notwithstanding the fact that the Magistrate’s Court has heard a case involving a child or young person, 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.[42]

(3) For the avoidance of doubt, it is declared that, in respect of a child or young person, 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.[43]

(4) If a young offender is a young adult, the Youth Court has the jurisdiction to hear an appeal made under Schedule 1, paragraph 10, and Schedule 2, paragraph 5.[44]

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;

(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 child or young person 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.[45]

(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) The Youth Appeal Court is established.[46]

(1A) The Youth Appeal Court consists of the Bailiff and 3 members of the Youth Court Panel who were not members of the Youth Court from which the appeal is being heard.[47]

(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 2018, shall apply mutatis mutandis to any such appeal.[48]

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.[49]

(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.[50]

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.[51]

32 Consequential amendments to enactments[52]

The States may, by Regulations, amend any enactment, including this Law, for the purpose of making any provision they consider necessary or expedient as a consequence of the coming into force of this Law or the Amendment Law.

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.

Schedule 1[53]

(Article 9(1))

Part 1

Early release and supervision of young offenders

1 Interpretation of Schedule 1

(1) In this Schedule –

“additional conditions” means supervision conditions prescribed by Regulations made under paragraph 8;

“early release” means release in accordance with paragraph 2;

“purposes of supervision conditions” means the purposes set out in paragraph 6;

“standard conditions” means the supervision conditions listed in paragraph 7;

“supervision conditions” has the meaning given in paragraph 6 and, in relation to a transitional young offender, includes the written requirements referred to in paragraph 5;

“supervision period” has the meaning given in paragraph 3;

“supervised release” means release under supervision in accordance with paragraph 3(2) and, in relation to a transitional young offender, paragraph 4;

“transitional young offender” means a person referred to in Article 9 released from custody before the commencement of the Amendment Law.

(2) In the definition “transitional young offender”, “custody” means custody in prison or a young offender institution.

(3) In this Schedule –

(a) a reference to Article 9, and to any of its provisions, means Article 9 (supervision of young offenders after release from youth detention) immediately before it was amended by the Amendment Law;

(b) a reference to a probation officer includes a probation officer who is not the probation officer assigned to supervise a young offender.

2 Early release

(1) A young offender is eligible to be released from youth custody before they have completed the full term of their sentence if they have served at least two-thirds of the term of their sentence (“early release”), subject to sub-paragraph (3).

(2) The effect of early release is that a young offender’s sentence is completed on the date that they are released.

(3) Sub-paragraph (1) does not apply if the relevant person determines that a young offender is not eligible for early release because –

(a) the young offender would be at significant risk of harm if released, and no supervision conditions could eliminate or sufficiently reduce that risk;

(b) there is a significant risk that the young offender would, once released, engage in conduct that would, or would be likely to, cause harm to an individual other than the young offender and no supervision conditions could eliminate or sufficiently reduce that risk; or

(4) If the relevant person determines that a young offender is not eligible for early release, that determination must be reviewed every 4 weeks until a determination is made to release the young offender.

(5) If a young offender’s date of release falls on –

(a) a Saturday or a Sunday, they must be released on the preceding Friday;

(b) Christmas Day, Good Friday, or a day appointed to be observed as a public holiday under Article 2 of the Public Holidays and Bank Holidays (Jersey) Law 1951, they must be released on the preceding day.

(6) In this paragraph, “harm” means mental or physical harm.

3 Supervision and supervision period after early release

(1) This paragraph applies to a young offender whose sentence is for a term of 4 months or more, and who is eligible for early release.

(2) A young offender to whom this paragraph applies must be supervised by a probation officer for the period beginning with the date that they are released and ending on the date specified in sub-paragraph (5) or (7) (the “supervision period”).

(3) Despite sub-paragraph (2) the supervision period must not exceed 12 months.

(4) Sub-paragraph (5) applies if a young offender is –

(a) a young adult who prior to release was serving their sentence in the prison; or

(b) a young adult or young person who prior to release was serving their sentence in a young offender institution.

(5) The supervision period in respect of a young offender to whom this sub-paragraph applies ends on whichever of the following dates occurs first –

(a) the date on which they would have been released had they had not been granted early release; or

(b) the date on which they reach the age of 22.

(6) Sub-paragraph (7) applies if a young offender is a child or young person who prior to release was serving their sentence in secure accommodation.

(7) The supervision period in respect of a young offender to whom this sub-paragraph applies ends on the date on which they would have been released had they not been granted early release.

(8) The States may, by Regulations, in relation to the supervision of young offenders under this Schedule, confer further or different powers or impose further or different duties on probation officers.

4 Supervision and supervision period after early release – transitional young offenders

(1) Despite the amendment of Article 9 by the Amendment Law, a transitional young offender must continue to be under the supervision of a probation officer for the period of supervision ending in accordance with Article 9(2).

(2) The power to make Regulations under paragraph 3(8) includes the power to make Regulations in relation to the supervision of transitional young offenders.

Part 2

Supervision conditions

5 Supervision conditions – transitional young offenders

(1) This paragraph applies to a transitional young offender.

(2) A transitional young offender must continue to comply with the written requirements notified to them by the Minister for Justice and Home Affairs under Article 9(3).

(3) The written requirements –

(a) continue in effect until the end of the period of supervision under Article 9(2); and

(b) cannot be modified or cancelled.

(4) The relevant person may, in accordance with paragraph 8, determine to impose additional conditions on a transitional young offender’s supervised release, and the power to make Regulations under that paragraph includes the power to make Regulations in relation to transitional young offenders.

(5) If sub-paragraph (4) applies, paragraphs 9 to 11 apply as if the transitional young offender were a young offender released from youth custody on, or after, the commencement of the Amendment Law.

(6) The offence set out in paragraph 12 applies if a transitional young offender fails without reasonable excuse to comply with the written requirements or additional conditions.

(7) In this paragraph, “written requirements” includes modified requirements notified to the transitional young offender by the Minister for Justice and Home Affairs under Article 9(4).

6 Supervision conditions

(1) A young offender must comply with the standard conditions and any additional conditions (“supervision conditions”) that apply to their supervised release.

(2) The purposes of supervision conditions are –

(a) to protect the public;

(b) to prevent a young offender from re-offending; and

7 Standard supervision conditions

(1) The standard supervision conditions (“standard conditions”) –

(a) apply automatically upon a young offender’s supervised release;

(b) continue until the end of the supervision period; and

(2) A young offender must comply with all the following standard conditions –

(a) they must be of good behaviour and not behave in a way that undermines the purposes of supervision conditions;

(b) they must not commit an offence;

(d) they must accept visits from their probation officer as notified by the officer;

(e) they must reside permanently at an address approved by their probation officer and obtain the probation officer’s prior written permission for a stay of 1 or more nights at a different address;

(f) they must not undertake work, or a particular type of work, unless it is approved by their probation officer and they must notify their probation officer in advance of a proposal to undertake work, or a particular type of work;

(g) they must not travel outside Jersey unless –

(i) they have their probation officer’s prior written permission;

(ii) they are being deported; or

(iii) immigration rules require them to do so;

(h) they must inform their probation officer if they use a name that is different to the name they used before their release; and

(i) they must inform their probation officer if they change their contact details, including phone number or email address.

(3) A young offender’s probation officer must, before the young offender is released, notify them in writing of –

(a) the standard conditions;

(b) the requirement to comply with them; and

(4) The notification to the young offender must be in a form that takes account, so far as practicable –

(a) of their age and maturity;

(b) of whether their first language is English; and

(c) of whether they have a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(5) A person with parental responsibility for a young offender who is a child or young person may be given a copy of the notification and, so far as practicable, that copy may be in a form that takes account –

(a) of whether the person’s first language is English; and

(b) of whether the person has a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(6) In this paragraph, “immigration rules” means any enactment, rules or direction under immigration legislation.

(7) In the definition immigration rules, “immigration legislation” means –

(a) the legislation of the United Kingdom extended to Jersey by the Immigration (Jersey) Order 2021, as amended from time to time; and

(b) any other legislation of the United Kingdom that relates to immigration and is extended to Jersey from time to time.

8 Regulations and determination to impose additional conditions

(1) The States may, by Regulations, prescribe additional conditions that the relevant person may impose on a young offender’s supervised release.

(2) Regulations under this paragraph may –

(a) specify details of how additional conditions are to be given effect, or otherwise operate (the “operational details”);

(b) provide for a written notification that specifies the operational details to be given to the young offender, a person with parental responsibility or another person;

(d) provide for when, and the form in which, the written notification is to be given.

(3) The relevant person must not determine to impose additional conditions unless the additional conditions are –

(a) necessary to supplement the standard conditions to fulfil the purposes of supervision conditions; and

(b) proportionate in the circumstances of the case.

(4) The relevant person may impose or cancel additional conditions at any time during the supervision period.

9 Consultation and notification of additional conditions

(1) The relevant person must, before imposing additional conditions, consult the young offender and their probation officer.

(2) The consultation with the young offender must be in a form that takes account, so far as practicable –

(a) of their age and maturity;

(b) of whether their first language is English; and

(c) of whether they have a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(3) The relevant person must notify the young offender in writing of –

(a) the imposition of additional conditions together with reasons;

(b) the requirement to comply with them;

(d) their cancellation.

(4) The notification to the young offender must be in a form that takes account, so far as practicable –

(a) of their age and maturity;

(b) of whether their first language is English; and

(c) of whether they have a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(a) of whether the person’s first language is English; and

(b) of whether the person has a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(6) But a copy of the notification must not be given to a person with parental responsibility if the relevant person considers that it would not be in the best interests of the child or young person to do so.

10 Appeal against imposition of additional conditions

(1) The relevant person must, when giving a notification under paragraph 9, also notify the young offender in writing of their right –

(a) to appeal to the Youth Court against the decision to impose additional conditions; and

(b) to receive reasonable assistance, for the purpose of making the appeal, from a person appointed by –

(i) the Governor, if a young offender is a young adult or young person who prior to release was serving their sentence in the prison or a young offender institution; or

(ii) the secure accommodation manager, if a young offender is a child or young person who prior to release was serving their sentence in secure accommodation.

(2) The notification to the young offender must be in a form that takes account, so far as practicable –

(a) of their age and maturity;

(b) of whether their first language is English; and

(c) of whether they have a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(3) A person with parental responsibility for a young offender who is a child or young person may be given a copy of the notification and, so far as practicable, that copy may be in a form that takes account –

(a) of whether the person’s first language is English; and

(b) of whether the person has a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(4) But a copy of the notification must not be given to a person with parental responsibility if the relevant person considers that it would not be in the best interests of the child or young person to do so.

(5) A person with parental responsibility may appeal on the child’s or young person’s behalf.

(6) An appeal may be made on the ground only that the relevant person’s decision to impose additional conditions was unreasonable in all the circumstances of the case.

(7) An appeal must –

(a) be made by application in writing to the Judicial Greffier;

(b) contain reasons for the ground on which the appeal is made;

(c) contain a copy of the relevant person’s reasons for imposing additional supervision conditions as provided to the young offender under paragraph 8; and

(d) be made not later than the end of the period of 21 days beginning with the date on which the young offender was notified of their right to appeal.

11 Determination of paragraph 10 appeals

(1) The chair of the Youth Court must determine an appeal made under paragraph 10 as soon as practicable after the Judicial Greffier receives the application for appeal.

(2) Before determining an appeal, the chair must consider the relevant person’s reasons for their decision.

(3) The chair may –

(a) confirm or overturn the relevant person’s decision to impose additional conditions;

(b) order the relevant person to reconsider their decision and to have regard to opinions expressed by the chair.

12 Offence of non-compliance with supervision conditions

(1) If a young offender fails, without reasonable excuse, to comply with supervision conditions, they commit an offence and –

(a) if they are a young adult, a young person or a child, they are liable to a fine of level 2 on the standard scale; or

(b) if they are a young adult or a young person, they are liable to an appropriate custodial sentence for a term of up to 30 days.

(2) A young offender who is a young adult or young person released from an appropriate custodial sentence imposed under sub-paragraph (1)(b) is not liable to a period of supervision as a result of receiving that sentence.

(3) In this paragraph, “appropriate custodial sentence” means –

(a) a sentence of imprisonment if the young offender is aged 21 or over when sentenced; or

(b) a sentence of youth detention in –

(i) an appropriate place of custody if a young offender is a young person when sentenced; or

(ii) the prison or a young offender institution if a young offender is a young adult when sentenced.

Schedule 2[54]

(Article 9(2))

Part 1

Temporary release and recall

1 Interpretation of Schedule 2

(1) In this Schedule –

“Prison Rules” means the Prison (Jersey) Rules 2007;

“temporary release” means release in accordance with paragraph 2;

“transitional young offender” means a prisoner serving a sentence who is temporarily released under Rule 64 of the Prison Rules before the commencement of the Amendment Law, and whose temporary release continues on the commencement of the Amendment Law;

“written recall” has the meaning given in paragraph 3.

(2) In the definition “transitional young offender”, “prisoner” has the meaning given in Article 1(1) of the Prison Law.

(3) For the purposes of paragraphs 3(2) to (7) and 4 to 8, references to a young offender are taken to include a transitional young offender.

2 Temporary release of young offender

(1) The relevant person may order a young offender’s temporary release from youth custody for a specified period, or for a specified number of times over a specified period (a “temporary release order”).

(2) The relevant person may attach conditions of release to a temporary release order –

(a) to enable the young offender to engage in employment or to receive education or training;

(b) to facilitate the young offender’s reintegration into the community; or

(3) Before ordering the young offender’s temporary release, the relevant person must cause an assessment to be undertaken of their suitability for release and for the purposes of determining –

(a) an appropriate date and period of release;

(b) the conditions of release, if any.

(4) The relevant person, after consultation with the Jersey Probation and Aftercare Service or the Minister, may determine that a temporary release order includes a condition that the young offender, when released, is supervised by a probation officer or another person that the relevant person determines is suitable.

(5) The relevant person must notify the young offender in writing of the temporary release order and include the specified period of release, or number of releases and conditions of release.

(6) The relevant person may, if they consider it necessary to do so, modify conditions of release and must notify the young offender in writing of that modification together with reasons.

(7) In the case of a transitional young offender, the relevant person may modify any conditions that the Minister for Justice and Home Affairs determined under Rule 64 (1) of the Prison Rules in relation to the transitional young offender’s temporary release, and sub-paragraphs (6) and (8) to (11) apply accordingly.

(8) A notification under sub-paragraph (5) or (6) must be in a form that takes account, so far as practicable –

(a) of the young offender’s age and maturity;

(b) of whether the young offender’s first language is English; and

(c) of whether the young offender has a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(9) A person with parental responsibility for a young offender who is a child or young person may be given a copy of the notification and, so far as practicable, that copy may be in a form that takes account –

(a) of whether the person’s first language is English; and

(b) of whether the person has a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(10) But a copy of the notification must not be given to a person with parental responsibility if the relevant person considers that it would not be in the best interests of the young offender to do so.

(11) In this paragraph, “Jersey Probation and Aftercare Service” means the service of that name, or of any other name by which it may be known, responsible for discharging the function of probation officers.

3 Recall of young offender temporarily released

(1) The relevant person may, if satisfied in accordance with sub-paragraph (2), order the recall to youth custody of –

(a) a young offender temporarily released under paragraph 2; or

(b) a transitional young offender.

(2) The relevant person may order the recall if they are satisfied that it is reasonable in all the circumstances to do so having regard to all or any of the following –

(a) the circumstances in which the young offender’s temporary release was approved;

(b) the conditions of release, if any were attached under paragraph 2;

(c) evidence that the young offender has, during the period of their release, committed an offence or is likely to do so;

(d) other factors that the relevant person considers appropriate.

(3) The relevant person may order the recall regardless of whether the young offender has failed to comply with a condition.

(4) The relevant person must order the recall in writing (the “written recall”), and the written recall must include –

(a) the reasons for ordering the recall;

(b) the place of youth custody to which the young offender is recalled; and

(c) the date by which the young offender must present themselves at the place of youth custody to which they are recalled.

(5) The written recall must be in a form that takes account, so far as practicable –

(a) of the young offender’s age and maturity;

(b) of whether the young offender’s first language is English; and

(6) A person with parental responsibility for a young offender who is a child or young person may be given a copy of the written recall and, so far as practicable, that copy may be in a form that takes account –

(a) of whether the person’s first language is English; and

(b) of whether the person has a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(7) But a copy of the written recall must not be given to a person with parental responsibility if the relevant person considers that it would not be in the best interests of the young offender to do so.

4 Police officer to effect written recall

(1) The relevant person must instruct a police officer to deliver the written recall to the young offender recalled under paragraph 3.

(2) The police officer, in person, must –

(a) inform the young offender that they have been recalled to youth custody; and

(b) deliver the written recall to the young offender.

(3) The police officer must escort the young offender to the place of youth custody by the date specified in the written recall.

(4) The police officer may arrest the young offender if they resist being escorted.

5 Appeal against modified conditions of temporary release or recall to youth custody

(1) This paragraph applies to a young offender –

(a) whose conditions of temporary release are modified under paragraph 2(6) or (7); or

(b) recalled to youth custody under paragraph 3.

(2) The relevant person giving the written notification under paragraph 2(6), or ordering the written recall must also notify the young offender in writing of their right –

(a) to appeal to the Youth Court against the relevant person’s decision –

(i) to modify the conditions of temporary release; or

(ii) to order their recall; and

(b) to receive reasonable assistance, for the purpose of making the appeal, from a person appointed by –

(i) the Governor, if a young offender is a young adult or young person recalled to the prison or a young offender institution; or

(ii) the secure accommodation manager, if a young offender is a child or young person recalled to secure accommodation.

(3) The notification must be in a form that takes account, so far as practicable –

(a) of the young offender’s age and maturity;

(b) of whether the young offender’s first language is English; and

(4) A person with parental responsibility for a young offender who is a child or young person may be given a copy of the notification and, so far as practicable, that copy may be in a form that takes account –

(a) of whether the person’s first language is English; and

(b) of whether the person has a mental, physical or sensory impairment, learning disability or difficulty or a condition affecting their ability to communicate, understand or process information.

(5) But a copy of the notification must not be given to a person with parental responsibility if the relevant person considers that it would not be in the best interests of the young offender to do so.

(6) A person with parental responsibility may appeal on the young offender’s behalf.

(7) An appeal may be made on 1 of the following grounds only –

(a) that the relevant person’s decision to modify the conditions of temporary release, if any, was unreasonable in all the circumstances of the case;

(b) that the relevant person’s decision to recall the young offender was unreasonable in all the circumstances of the case.

(8) An appeal must –

(a) be made by application in writing to the Judicial Greffier;

(b) contain reasons for the ground on which the appeal is made;

(c) contain a copy of the written reasons for the relevant person’s decision as provided to the young offender under paragraph 2 or 3; and

(d) be made not later than the end of the period of 21 days beginning with –

(i) the date on which the young offender was notified under paragraph 2(6) of the relevant person’s modification of the conditions of release; or

(ii) the date the young offender presented themselves at the place of youth custody to which they were recalled.

6 Determination of paragraph 5 appeals

(1) The chair of the Youth Court must determine an appeal made under paragraph 5 as soon as practicable after the Judicial Greffier receives the application for appeal.

(2) Before determining an appeal, the chair must consider the relevant person’s reasons for their decision.

(3) The chair may, in respect of an appeal against a decision to modify the conditions of release under paragraph 2 –

(a) confirm or overturn the relevant person’s decision; or

(b) order the relevant person to reconsider their decision and to have regard to opinions expressed by the chair.

(4) The chair may, in respect of an appeal against a decision to recall the young offender to youth custody under paragraph 3 –

(a) confirm or overturn the relevant person’s decision; or

(b) order the relevant person to reconsider their decision and to have regard to opinions expressed by the chair.

Part 2

Miscellaneous provisions

7 Young offender unlawfully at large from youth custody

(1) A young offender is unlawfully at large if they –

(a) fail to return to youth custody –

(i) in accordance with the conditions imposed in respect of their temporary release or, if they are a transitional young offender, under Rule 64 of the Prison Rules;

(ii) on or before the expiry of the period for which the young offender was temporarily released;

(iii) by the date specified in the written recall;

(iv) in compliance with an order of the Minister for Justice and Home Affairs under Rule 64(2) of the Prison Rules, if they are a transitional young offender; or

(b) escape from youth custody.

(2) Sub-paragraph (3) applies if a young offender is unlawfully at large at any time during the period for which they are liable to be detained in accordance with their sentence.

(3) Unless the Minister or, if the young offender is a young adult, the Minister for Justice and Home Affairs otherwise directs, in calculating the period for which the young offender is liable to be detained, no account must be taken of any time during which they are unlawfully at large from youth custody.

(4) A young offender who is unlawfully at large is liable to be arrested and returned to youth custody by a police officer.

8 Regulation and management of secure accommodation

(1) The States may, by Regulations, provide for –

(a) the regulation and management of secure accommodation provided under Article 22A of the Children (Jersey) Law 2002; and

(b) the assessment, treatment, discipline, control, care and reintegration back into the community of young offenders who are children or young people detained in secure accommodation whether –

(i) pending their first court appearance after being charged;

(ii) on remand; or

(iii) serving their sentence.

(2) Regulations may include provision for a young offender to be required –

(a) to be measured;

(b) to be photographed;

(d) to have other measurements taken for the purposes of compiling biometrical information about them.

(3) Regulations that provide for a requirement described in sub-paragraph (2) must also provide for –

(a) the manner in which the requirement is to be imposed;

(b) the keeping and destruction of a record of information obtained in respect of the young offender; and

(c) the record of the information referred to in clause (b) to be kept confidential unless its release is authorised under the Regulations.

(4) Regulations may include a power for the Minister to direct a secure accommodation manager about the exercise of anything that may or must be done under the Regulations.

(5) Regulations may disapply the operation of Regulations made under the Regulation of Care (Jersey) Law 2014 if those Regulations are incompatible with Regulations made under this paragraph.

(6) The States may, by Regulations, amend this paragraph to amend the scope of Regulations that may be made under this paragraph.

Schedule 3[55]

(Article 24)

Constitution and procedures of Youth Court

1 Appointment of members and constitution of Youth Court

(1) The Superior Number of the Royal Court must appoint people, other than the Magistrate, to a panel (the “Youth Court Panel”) to serve as members of the Youth Court.

(2) A person appointed to the Youth Court Panel must, on appointment, take an oath to discharge the duties required of that appointment well and faithfully.

(3) Appointment to the Youth Court Panel is for a term of not more than 10 years.

(4) An appointment of less than 10 years may be renewed if the initial and renewed term of appointment do not exceed 10 years in total.

(5) If a person is reappointed to the Youth Court Panel following a break in service, previous periods of appointment must be aggregated for the purposes of calculating the total 10-year period of appointment.

(6) A person appointed to the Youth Court Panel must retire on or before their 70th birthday.

(7) The Superior Number of the Royal Court may, as it considers necessary, determine –

(a) the number of people it appoints to the Youth Court Panel at any time; and

(b) the termination of an appointment to the Youth Court Panel.

(8) The Youth Court is constituted of 3 members, 1 of whom is the Magistrate.

(9) The Magistrate is the chair of the Youth Court.

(10) There must be at least 1 female and at least 1 male member of the Youth Court.

(11) The Youth Court may be constituted by the chair sitting alone for the purposes of –

(a) dealing with the remand of a defendant, the adjournment of a matter, an application for bail or an application in connection with bail;

(b) exercising any function under the Criminal Procedure Law that does not involve –

(i) a determination under Article 25, 26 or 27 of the Criminal Procedure Law (concerning the sending of a defendant for sentencing or trial before the Royal Court);

(ii) the hearing of a defendant’s trial (including a hearing, if required, under Article 78 of the Criminal Procedure Law to determine facts disputed); or

(iii) the sentencing of a defendant;

2 Proceedings

(1) If, during proceedings before the Youth Court, a member of the Youth Court, other than the chair, absents themselves –

(a) that member is no longer permitted to participate in the proceedings; but

(b) the Youth Court remains constituted for those proceedings if it consists of the chair and the other remaining member.

(2) If proceedings are adjourned after a defendant has been convicted, but before they are sentenced or otherwise dealt with, the Youth Court that sentences or deals with the defendant need not consist of the same members of the Youth Court that convicted the defendant.

(3) Sub-paragraph (4) applies if the Youth Court is sitting to sentence, or otherwise deal with a defendant, and it consists of members who were not members of the Youth Court that convicted the defendant.

(4) The Youth Court must, before sentencing or otherwise dealing with the defendant, make inquiries into the facts and circumstances of the case to enable the members, who were not members of the Youth Court that convicted the defendant, to be fully briefed about the case.

(5) The chair must determine the conduct of the proceedings for the determination of an appeal in accordance with Schedule 1, paragraph 11 and Schedule 2, paragraph 6, and may for that purpose issue procedural rules or practice directions.

3 Decisions of Youth Court

(1) The Youth Court’s decision on all matters must be –

(a) by a majority of the members; and

(b) pronounced by the chair, or another member at the request of the chair.

(2) No other member of the Youth Court is permitted to make a separate pronouncement on a matter.

(3) If, at a sitting of the Youth Court, the Court is constituted by the chair and 1 other member –

(a) the Youth Court’s decision must, in the event of a disagreement between the chair and that other member, be the chair’s decision; and

(b) the chair must pronounce the decision.

(4) If, either during or after a hearing, and before the determination of a matter before the Youth Court, it appears to the chair that there is, or is likely to be, a difference of opinion between the members, the chair –

(a) must cause the deliberations on the matter to be conducted in private; and

(b) may, if the chair thinks fit, adjourn the hearing for that purpose.

Endnotes

Table of Legislation History

Legislation	Year and No	Commencement
Criminal Justice (Young Offenders) (Jersey) Law 2014	L.27/2014	23 November 2016 (R&O.114/2016)
Criminal Justice (Young Offenders) (Consequential Provisions) (Jersey) Regulations 2016	R&O.115/2016	23 November 2016
Criminal Justice (Young Offenders) (No. 2) (Jersey) Law 2016	L.19/2016	23 November 2016
States of Jersey (Transfer of Responsibilities and Functions) (Health and Social Services to Children and Housing) Order 2019	R&O.100/2019	9 October 2019
States of Jersey (Minister for Children and Education, Minister for Housing and Communities and Minister for External Relations and Financial Services) (Jersey) Order 2021	R&O.29/2021	2 March 2021
Criminal Procedure (Jersey) Law 2018	L.25/2018	1 October 2021 (R&O.95/2021)
Criminal Procedure (Consequential and Supplementary Amendments) (Jersey) Regulations 2021	R&O.94/2021	1 October 2021
States of Jersey (Transfer of Justice Functions – Chief Minister to Justice and Home Affairs) Order 2023	R&O.76/2023	21 September 2023
Changes to Ministerial Offices (Jersey) Amendment Order 2024	R&O.10/2024	9.30 a.m. on 27 February 2024
Criminal Justice (Young Offenders) (Jersey) Amendment Law 2025	L.17/2025	30 October 2025
Criminal Justice (Young Offenders) (Jersey) Amendment No. 2 Law 2026	L.9/2026	1 August 2026 (R&O.88/2026)

Table of Endnote References

[1] Long title amended by L.19/2016

[2] Article 1(1) numbered and amended by L.19/2016, amended by L.25/2018, R&O.76/2023, L.9/2026

[3] Article 1(2) added by L.19/2016

[4] Article 1(3) inserted by L.9/2026

[5] Article 1(4) inserted by L.9/2026

[6] Article 4 heading amended by L.19/2016

[7] Article 4(1) amended by L.19/2016

[8] Article 4(1A) inserted by L.19/2016

[9] Article 4(2) substituted by L.19/2016

[10] Article 4(2A) inserted by L.19/2016

[11] Article 4(6) amended by L.19/2016

[12] Article 4A inserted by L.19/2016

[13] Article 5 heading substituted by L.19/2016

[14] Article 5(1) amended by L.19/2016, revised on 11 January 2024 by Law Revision Board item 2023/1

[15] Article 5(2) deleted by L.19/2016

[16] Article 5(3) amended by L.19/2016

[17] Article 5(4) deleted by L.19/2016

[18] Article 6(3) amended by L.9/2026

[19] Article 7 heading amended by L.19/2016, substituted by L.9/2026

[20] Article 9 substituted by L.9/2026

[21] Article 10 substituted by L.9/2026

[22] Article 11 heading amended by L.9/2026

[23] Article 11(1) amended by L.9/2026

[24] Article 11(3) amended by L.19/2016, R&O.100/2019, R&O.29/2021, R&O.10/2024, substituted by L.9/2026

[25] Article 13 deleted by L.25/2018

[26] Article 15 amended by L.9/2026

[27] Article 16 substituted by L.9/2026

[28] Article 16A inserted by L.9/2026

[29] Part 4 sub-heading substituted by L.19/2016

[30] Article 17 heading substituted by L.19/2016

[31] Article 17(1) amended by L.19/2016

[32] Article 17(2) amended by L.19/2016

[33] Article 18 substituted by L.9/2026

[34] Article 19 amended by L.19/2016, substituted by L.9/2026

[35] Article 20 deleted by L.9/2026

[36] Article 22 amended by L.9/2026

[37] Article 24(3) substituted by L.9/2026

[38] Article 24(4) substituted by L.9/2026

[39] Article 24(5) inserted by L.9/2026

[40] Article 25 deleted by L.9/2026

[41] Article 26(1) amended by L.9/2026

[42] Article 26(2) amended by L.9/2026

[43] Article 26(3) substituted by L.25/2018, amended by L.9/2026

[44] Article 26(4) inserted by L.9/2026

[45] Article 28(1) amended by L.9/2026

[46] Article 29(1) substituted by L.9/2026

[47] Article 29(1A) inserted by L.9/2026

[48] Article 29(2) amended by R&O.94/2021

[49] Article 30(1) numbered by R&O.115/2016

[50] Article 30(2) added by R&O.115/2016

[51] Article 31 substituted by L.19/2016

[52] Article 32 substituted by L.19/2016, L.9/2026

[53] Schedule 1 inserted by L.9/2026

[54] Schedule 2 inserted by L.9/2026

[55] Schedule amended by L.25/2018, L.17/2025, substituted and renumbered as Schedule 3 by L.9/2026

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