Criminal Justice (Young Offenders) (No. 2) (Jersey) Law 2016

Criminal Justice (Young Offenders) ( No. 2 ) (Jersey) Law 2016 Arrangement Article 1 Interpretation . 3 2 Long title amended . 3 3 Article 1 amended . 3 4 Article 4 amended . 4 5 Article 4A inserted . 4 6 Article 5 amended . 5 7 Article 7 amended . 5 8 Article 9 amended . 6 9 Article 11 amended . 6 10 Article 16 amended . 6 11 Part 4 sub-heading amended . 6 12 Article 17 amended . 6 13 Article 18 amended . 7 14 Article 19 amended . 7 15 Articles 31 and 32 substituted . 7 16 Children (Jersey) Law 2002 amended . 8 17 Citation and commencement 8 SCHEDULE 9 children (jersey) Law 2002 amended 9 1 Interpretation . 9 2 Article 1 amended . 9 3 Article 1A inserted . 9 4 Article 20 amended . 10 5 Article 22 amended . 10 6 Article 22A inserted . 10 Criminal Justice (Young Offenders) ( No. 2 ) (Jersey) Law 2016 A LAW to amend further the Criminal Justice (Young Offenders) (Jersey) Law 2014 and the Children (Jersey) Law 2002 with respect to young offenders. Adopted by the States 24th May 2016 Sanctioned by Order of Her Majesty in Council 12th October 2016 Registered by the Royal Court 21st October 2016 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law, “principal Law” means the Criminal Justice (Young Offenders) (Jersey) Law 2014 [1] . 2 Long title amended In the long title to the principal Law the words “Young Person’s” shall be deleted. 3 Article 1 amended In Article 1 of the principal Law – (a) the existing text shall be numbered paragraph (1); (b) in the definition “appropriate place of custody” in paragraph (a) for the words “male or female young person” there shall be substituted the words “child or young person”; (c) in the definition “Panel” for the words “Young Person’s Placement Panel” there shall be substituted the words “Placement Panel for children and young persons”; (d) in the definition “secure accommodation” for the number “22” there shall be substituted the number “1”; (e) for the definition “youth detention” there shall be substituted the following definition – “ ‘youth detention’ means any sentence of detention imposed under this Law on a child, young person or young adult following conviction.”; (f) after paragraph (1) there shall be added the following paragraph – “(2) The States may by Regulations amend any definition in paragraph (1).”. 4 Article 4 amended In Article 4 of the principal Law – (a) in the heading the words “for young persons and young adults” shall be deleted; (b) in paragraph (1) for the words “young person or a young adult” there shall be substituted the words “child, young person or young adult”; (c) after paragraph (1) there shall be inserted the following paragraph – “(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.”; (d) for paragraph (2) there shall be substituted the following paragraphs – “(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. (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.”; (e) in paragraph (6) for the words “Article 5” there shall be substituted the words “Articles 4A and 5”. 5 Article 4A inserted After Article 4 of the principal Law there shall be inserted the following Article – “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 [2] or the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948 [3] , a court shall take no account of Article 4(6) when passing a sentence of youth detention in relation to that offence.”. 6 Article 5 amended In Article 5 of the principal Law – (a) for the heading there shall be substituted the following heading – “5 Youth detention for offences where life sentence fixed by law and for other serious offences” ; (b) in paragraph (1) – (i) in sub-paragraph (a) for the words “had attained the age of 18 years” there shall be substituted the words “was a young adult”, (ii) in sub-paragraph (b) for the words “under the age of 18 years” there shall be substituted the words “a child or young person”; (c) paragraph (2) shall be deleted; (d) in paragraph (3)(a) before the words “young person” there shall be inserted the words “child or”; (e) paragraph (4) shall be deleted. 7 Article 7 amended In Article 7 of the principal Law – (a) in the heading after the words “custody for” there shall be inserted the word “children,”; (b) in paragraph (2) after the words “orders a” there shall be inserted the words “child or”; (c) in paragraph (3) – (i) before the words “young person is required to be” there shall be inserted the words “child or”, (ii) after the words “place of custody, the” there shall be inserted the words “child or”; (d) for paragraph (4) there shall be substituted the following paragraphs – “(4) Without prejudice to the exercise of powers under Article 10 in relation to a young person, the Panel shall determine the appropriate place of custody for a child or young person who is detained in accordance with paragraph (3) as soon as reasonably practicable and, in any event, within 72 hours or such other period as the Minister may specify by Order, from the time the child or young person is detained. (5) Nothing in this Article affects the powers of the Secretary of State under Schedule 1 to the Crime (Sentences) Act 1997 of the United Kingdom.”. 8 Article 9 amended In Article 9(5)(b) of the principal Law before the words “an appropriate custodial sentence” there shall be inserted the words “except in the case of a child,”. 9 Article 11 amended In Article 11(3)(b) of the principal Law for the words “the Part 3” there shall be substituted the words “Article 1A(a) or (b)”. 10 Article 16 amended In Article 16 of the principal Law – (a) paragraph (2)(a) shall be deleted; (b) in paragraph (2)(b) after the words “the person is a” there shall be inserted the words “child or”; (c) in paragraph (3) – (i) after the words at the beginning “If a” there shall be inserted the words “child or”, (ii) after the words “appropriate place of custody, the” there shall be inserted the words “child or”; (d) for paragraph (4) there shall be substituted the following paragraph – “(4) Without prejudice to the exercise of powers under Article 10 in relation to a young person, the Panel shall determine the appropriate place of custody for a child or young person who is remanded in accordance with paragraph (3) as soon as reasonably practicable and, in any event, within 72 hours or such other period as the Minister may specify by Order, from the time the child or young person is remanded.”. 11 Part 4 sub-heading amended For the sub-heading to Part 4 of the principal Law there shall be substituted the following sub-heading – “placement panel for children and young persons”. 12 Article 17 amended In Article 17 of the principal Law – (a) for the heading there shall be substituted the following heading – “17 Placement Panel for children and young persons”; (b) in paragraph (1) for the words “Young Person’s Placement Panel” there shall be substituted the words “Placement Panel for children and young persons”; (c) in paragraph (2) the words “Young Person’s Placement” shall be deleted. 13 Article 18 amended In Article 18 of the principal Law – (a) for paragraph (a) there shall be substituted the following paragraph – “(a) determining the appropriate place of custody for a child or young person who is remanded in custody or sentenced to youth detention;”; (b) in paragraph (b) before the words “young person” in each place they appear there shall be inserted the words “child or”; (c) for paragraphs (d) and (e) there shall be substituted the following paragraphs – “(d) making assessments of children and young persons for the purpose of exercising its functions under this Law; (e) consulting with the Secretary of State as to whether, in the case of a child or young person sentenced to youth detention, all or part of the sentence should be served outside Jersey under the Crime (Sentences) Act 1997 of the United Kingdom; (f) making arrangements for the delivery of a child or young person to or from any place of detention to or from which the child or young person is required to be moved under this Law.”. 14 Article 19 amended In Article 19 of the principal Law before the words “young person” in each place they appear there shall be inserted the words “child or”. 15 Articles 31 and 32 substituted For Articles 31 and 32 of the principal Law there shall be substituted the following Articles – “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. 32 Consequential amendments to enactments and transitional provisions (1) The States may, by Regulations, amend any enactment, including this Law, for the purpose of making such provision as they consider necessary or expedient in consequence of the coming into force of any provision of this Law. (2) A child or young person who, on the date this Law comes into force, is detained, or required to be detained, in custody on remand or following the passing of a sentence shall be deemed to have been detained, or required to be detained, in custody under this Law and the Panel shall, accordingly, exercise its functions in relation to the placement of that child or young person in custody. (3) Paragraph (2) does not affect the length of any period of detention to which a child or young person has been sentenced before the date this Law comes into force. (4) In respect of a child or young person who, on the day this Law comes into force, is detained in custody on remand or following the passing of a sentence, the panel shall review the placement of – (a) a child or young person who is detained in an appropriate place of custody as soon as reasonably practicable after this Law comes into force and in any event not later than 3 months after the day that this Law comes into force; (b) a female young person who is detained in prison as soon as reasonably practicable after this Law comes into force and in any event not later than one month after the day that this Law comes into force.”. 16 Children (Jersey) Law 2002 amended The Schedule shall have effect. 17 Citation and commencement This Law may be cited as the Criminal Justice (Young Offenders) (No. 2) (Jersey) Law 2016 and shall come into force on the same date that the Criminal Justice (Young Offenders) (Jersey) Law 2014 [4] comes into force. l.-m. hart Deputy Greffier of the States SCHEDULE (Article 17) children (jersey) Law 2002 amended 1 Interpretation In this Schedule references to the “Children Law” are to the Children (Jersey) Law 2002 [5] . 2 Article 1 amended In Article 1 of the Children Law – (a) after the definition “school” there shall be inserted the following definition – “ ‘secure accommodation’ means accommodation provided by the Minister for the purpose of restricting a child’s liberty;”; (b) in the definition “voluntary organisation” for the full-stop at the end there shall be substituted a semi-colon and after the definition there shall be added the following definition – “ ‘Young Offenders Law’ means the Criminal Justice (Young Offenders) (Jersey) Law 2014 [6] .”; (c) paragraph (4) shall be deleted. 3 Article 1A inserted After Article 1 of the Children Law there shall be inserted the following Article – “1A References to a child who is looked after by the Minister In this Law references to a child who is looked after by the Minister are references to any of the following – (a) a child in the care of the Minister; (b) a child, other than a child falling within the description in paragraph (c), provided with accommodation by the Minister for a continuous period of more than 24 hours in the exercise of the Minister’s functions under any enactment; (c) a child or young person within the meaning of the Young Offenders Law who is required to be detained in custody on remand or following sentence under any provision of that Law, where the place of custody is – (i) secure accommodation, (ii) a young offender institution, or (iii) the prison, within the meaning of that Law.”. 4 Article 20 amended In Article 20 of the Children Law before paragraph (1) there shall be inserted the following paragraph – “(A1) Nothing in this Article applies to a child or young person described in Article 1A(c).”. 5 Article 22 amended In Article 22 of the Children Law – (a) for the heading there shall be substituted the following heading – “22 Secure accommodation other than for children on remand or following sentence” ; (b) before paragraph (1) there shall be inserted the following paragraph – “(A1) Nothing in this Article applies to a child or young person described in Article 1A(c).”; (c) in paragraph (1) for the words “accommodation provided for the purpose of restricting liberty (‘secure accommodation’)” there shall be substituted the words “secure accommodation”. 6 Article 22A inserted After Article 22 of the Children Law there shall be inserted the following Article – “22A Secure accommodation for children on remand or following sentence The Minister may provide secure accommodation for a child or young person within the meaning of the Young Offenders Law who, in accordance with that Law, is required to be detained – (a) in custody on remand in secure accommodation; or (b) in custody under any provision of that Law in secure accommodation following the passing of a sentence.”. [1] L.27/2014 [2] chapter 25.550 [3] chapter 25.250 [4] L.27/2014 [5] chapter 12.200 [6] L.27/2014