Internationally Protected Persons Act 1978 (Jersey) Order 1979
Jersey Order in Council 14/1979
INTERNATIONALLY PROTECTED PERSONS ACT 1978 (JERSEY) ORDER 1979.
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(Registered on the 15th day of June,
1979).
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At the Court at Buckingham Palace.
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14th
March, 1979.
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PRESENT
The Queen’s Most Excellent Majesty in Council.
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HER MAJESTY, in exercise of the powers
conferred upon Her by section 4(2) of the Internationally Protected
Persons Act 1978 is pleased, by and with the advice of Her Privy
Council, to order, and it is hereby ordered, as follows: -
1. This Order may
be cited as the Internationally
Protected Persons Act 1978 (Jersey) Order 1979 and shall come
into operation on 24th May, 1979.
2. In this Order
“Jersey” means the Bailiwick of Jersey and the territorial waters
adjacent thereto.
3. The
Internationally
Protected Persons Act 1978 shall extend to Jersey with the
exceptions, adaptations and modifications specified in the Schedule to this
Order.
N.E. LEIGH,
Clerk of the Privy Council.
SCHEDULE
(Article 3)
EXCEPTIONS TO AND ADAPTATIONS AND MODIFICATIONS OF THE
INTERNATIONALLY PROTECTED PERSONS ACT 1978 AS IT HAS EFFECT IN JERSEY
1. Save
where the context otherwise requires, any reference to any enactment shall be
construed as a reference to that enactment as it has effect in Jersey.
2. Save
in the reference to a citizen of the United Kingdom and Colonies, for any
reference to the United Kingdom or any part thereof shall be substituted a
reference to Jersey.
3. In
section 1(1) in paragraphs (a)
and (b) for the words “guilty
of” there shall be substituted the words “guilty there of an
offence equivalent to”.
4. In
section 1(3) the words “on indictment” shall be omitted.
5. For
section 2 there shall be substituted the following provision: -
“2. Proceedings
for an offence which (disregarding the provisions of the Suppression of Terrorism
Act 1978) would not be an offence apart from the preceding
section shall not be begun in Jersey except by or with the consent of the
Attorney General.”.
6. Sections
3 and 4 shall be omitted.
7. In
section 5 –
(a) subsections (3) and (5) shall be
omitted;
(b) in subsection 4(b) the reference to section 4(5) of the Suppression of Terrorism
Act 1978 shall be omitted.
ELIZABETH II
1978 CHAPTER 17
AN ACT to implement the Convention
on the Prevention and Punishment of Crimes against Internationally Protected
Persons adopted by the United Nations General Assembly in 1973. [30th June
1978]
BE IT ENACTED by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:
-
ATTACKS AND THREATS OF ATTACKS ON PROTECTED PERSONS
1.-(1) If a person, whether a citizen of the United Kingdom
and Colonies or not, does outside [Jersey]
–
(a) any act to or in relation to a
protected person which, if he had done it in any part of [Jersey] would have
made him [guilty there of an offence equivalent to] the offence of murder,
manslaughter, culpable homicide, rape, assault occasioning actual bodily harm
or causing injury, kidnapping, abduction, false imprisonment or plagium or an offence under section 18, 20, 21, 22, 23, 24,
28, 29, 30 or 56 of the Offences against the Person Act 1861
or section 2 of the Explosive Substances Act 1883; or
(b) in connection with an attack on any
relevant premises or on any vehicle ordinarily used by a protected person which
is made when a protected person is on or in the premises or vehicle, any act
which, if he had done it in any part of [Jersey], would have made him [guilty
there of an offence equivalent to] an offence under section 2 of the Explosive Substances Act
1883, section 1 of the Criminal Damage Act 1971
or article 3 of the Criminal Damage (Northern Ireland) Order 1977 or the
offence of wilful fire-raising,
he shall in any part of [Jersey]
be guilty of the offences aforesaid of which the act would have made him guilty
if he had done it there.
(2) If
a person in [Jersey] or elsewhere, whether a citizen of the United Kingdom and
Colonies or not –
(a) attempts to commit an offence
which, by virtue of the preceding subsection or otherwise, is an offence
mentioned in paragraph (a) of
that subsection against a protected person or an offence mentioned in paragraph (b) of that subsection in connection
with an attack so mentioned; or
(b) aids, abets, counsels or procures,
or is art and part in, the commission of such an offence or of an attempt to
commit such an offence,
he shall in any part of [Jersey] be guilty of attempting to commit
the offence in question or, as the case may be, of aiding, abetting,
counselling or procuring, or being art and part in, the commission of the
offence or attempt in question.
(3) If a person in
[Jersey] or elsewhere, whether a citizen of the United Kingdom and Colonies or
not –
(a) makes to another person a threat
that any person will do an act which is an offence mentioned in paragraph (a) of the preceding subsection; or
(b) attempts to make or aids, abets,
counsels or procures or is art and part in the making of such a threat to
another person,
with the intention that the other person shall fear that the threat
will be carried out, the person who makes the threat or, as the case may be,
who attempts to make it or aids, abets, counsels or procures or is art and part
in the making of it, shall in any part of [Jersey] be guilty of an offence and
liable on conviction * * * * * to imprisonment for a term not exceeding ten
years and not exceeding the term of imprisonment to which a person would be
liable for the offence constituted by doing the act threatened at the place
where the conviction occurs and at the time of the offence to which the
conviction relates.
(4) For the
purposes of the preceding subsections it is immaterial whether a person knows
that another person is a protected person.
(5) In this
section –
“act” includes omission;
“a protected person” means, in relation to an alleged
offence, any of the following, namely –
(a) a person who at the
time of the alleged offence is a Head of State, a member of a body which
performs the functions of Head of State under the constitution of the State, a
Head of Government or a Minister for Foreign Affairs and is outside the
territory of the State in which he holds office;
(b) a person who at the
time of the alleged offence is a representative or an official of a State or an
official or agent of an international organisation of
an intergovernmental character, is entitled under international law to special
protection from attack on his person, freedom or dignity and does not fall
within the preceding paragraph;
(c) a person who at the
time of the alleged offence is a member of the family of another person
mentioned in either of the preceding paragraphs and –
(i) if
the other person is mentioned in paragraph (a) above, is accompanying him,
(ii) if
the other person is mentioned in paragraph (b) above, is a member of his household;
“relevant premises” means premises at which a protected
person resides or is staying or which a protected person uses for the purpose
of carrying out his functions as such a person; and
“vehicle” includes any means of conveyance;
and if in any proceedings a question arises as to whether a person
is or was a protected person a certificate issued by or under the authority of
the Secretary of State and stating any fact relating to the question shall be
conclusive evidence of that fact.
PROVISIONS SUPPLEMENTARY TO SECTION 1
[2. Proceedings for an
offence which (disregarding the provisions of the Suppression of Terrorism
Act 1978) would not
be an offence apart from the preceding section shall not be begun in Jersey
except by or with the consent of the Attorney General.]
* * * * * *
SUPPLEMENTAL
5.-(1) This Act may be cited as the Internationally Protected
Persons Act 1978.
(2) Any reference
in this Act to an enactment is a reference to it as amended by or under any
other enactment.
* * * * * *
(4) Section 4 of
the Suppression of
Terrorism Act 1978 (which
relates to certain offences committed outside [Jersey]) shall have effect with
the following amendments (which are consequential on provisions of this Act)
namely –
(a) subsections (2) and (6) are hereby
repealed; and
(b) in subsections (4) * * * * after
the words “offence which” there shall be inserted the words
“(disregarding the provisions of the Internationally Protected
Persons Act 1978)”.
* * * * * *