Magistrate’s Court of Jersey
Sentencing Guidelines
Part 2: Public Order Offences
Content
|
Guideline
Number
|
Offence
|
Article
|
Page
|
|
1
|
Affray
|
Art 3 C(PO)(J) L 2024
|
3-4
|
|
2
|
Arson
|
Art 30(3) FRS(J) L 2011
|
5-6
|
|
3
|
Assault
|
Common law
|
7-8
|
|
4
|
Assault on Police,
medical professionals and emergency workers
|
Common law
|
9-10
|
|
5
|
Breach of
the peace
|
Common law
|
11-12
|
|
6
|
Drunk or disorderly
on licensed premises
|
Art 82 L(J) L
1974
|
13-14
|
|
7
|
Drunk and
disorderly
|
Common law
|
15-16
|
|
8
|
Drunk and
incapable
|
Common law
|
17
|
|
9
|
Firearm,
carrying in a public place
|
Art 41 F(J) L
2000
|
18
|
10
|
Harassment
|
Art 6 C(PO)(J)
L 2024
|
19-20
|
|
11
|
Malicious
damage
|
Common law
|
21-22
|
|
12
|
Obstruct/refuse
to obey police officer
|
Common law
|
23
|
|
13
|
Having an offensive
weapon in public/on school premises
|
Art 7 C(PO)(J)
L 2024
|
24-25
|
|
14
|
Resisting
arrest/violently resisting arrest
|
Common law
|
26
|
|
15
|
Restraining
Order – breach
|
Art 9 C(PO)(J)
L 2024
|
27-28
|
|
16
|
Riot
|
Art 2 C(PO)(J)
L 2024
|
29
|
|
17
|
Threatening,
abusive or disorderly conduct
|
Art 5 C(PO)(J)
L 2024
|
30-31
|
|
18
|
Threat to
kill, rape or cause serious injury
|
Art 4 C(PO)(J)
L 2024
|
32-33
|
|
1
|
Affray
|
Art 3 Crime (Public Order)
(Jersey) Law 2024
|
Maximum sentence: Art 3(4): 5 years
imprisonment and a fine
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Brief
offence involving the use or threat of low-level violence, no substantial
fear caused
|
2 months
|
£1,000 - 4
months
|
|
Threat
of violence by use of a weapon (whether or not produced). Threat or use of
violence causing substantial fear or harm
|
7 months
|
4 months – Royal
Court
|
|
Use
of a weapon to inflict violence. Use of serious or sustained violence,
intention to cause fear of serious violence
|
Send to Royal
Court
|
Royal Court
|
|
B.
Consider the effect of aggravating and mitigating factors
(other than those within examples above)
The
following may be particularly relevant but these lists are not exhaustive
|
|
Factors indicating higher culpability
1. Group
action/larger number involved
2. Nature
of threats
3. Nature
of weapons i.e. those which can cause serious injury
4. Lengthy
incident
5. Premeditation
6. Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or groups
7. Offence
targeted at police, medical, fire and/or other emergency service workers
8. Offence
targeted at people performing a public duty, or providing a service(s) to the
public
9. Intoxication
10. Instigator
11. Part
of widespread or recurring disorder
|
Factors indicating lower culpability
1. Did
not start the trouble
2. Evidence
of steps taken to defuse the incident
3. Minor
role
4. No
members of the public present other than those engaged in violence
5. Provocation
6. Spontaneous.
Incident short lived
|
|
Factors indicating greater degree of
harm
1. Number
and/or seriousness of injuries caused
2. Vulnerable
persons or children present
3. Vulnerable
persons or children injured
4. Damage
to property/ businesses/ livelihoods/cost to the public purse
5. Disruption/detriment
to the community
6. Offence
occurred within the boundaries of the victim’s home
|
Factors
indicating lesser degree of harm
|
|
Consider Compensation and/or a Restraining Order and/or an
Exclusion Order
|
|
2
|
Arson
|
Art 30(3) - Fire and Rescue
Service (Jersey) Law 2011
|
Maximum sentence: Art 30(3): 10
years and a fine
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Minor
damage by fire
|
1 month
|
£1,000 –
3 months
|
|
Moderate
damage by fire
|
6 months
|
3 months – Royal
Court
|
|
Significant
damage by fire or intention to cause death or serious harm to persons or
serious damage to property or the environment, or reckless as to such death,
serious harm; or serious damage
|
Send to Royal
Court
|
Send to Royal
Court
|
|
B. Consider the
effect of aggravating and mitigating factors
(other
than those within examples above)
The following may be particularly
relevant but these
lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Revenge attack
2.
Planning or premeditation
3.
Offence motivated by, or demonstrating hostility based on any
legally protected characteristic or targeted at specific individuals or
groups
4.
Offence targeted at police, medical, fire and/or other emergency
service workers
5.
Offence targeted at people performing a public duty, or providing a
service(s) to the public
6.
Intoxication
7.
Motivated by financial gain
8.
Use of an accelerant
|
Factors indicating lower culpability
1.
Little or no planning; offence committed on impulse
2.
Involved through coercion, intimidation or exploitation
|
|
Factors
indicating greater degree of harm
1.
Injury caused
2.
Damage to emergency equipment
3.
Damage to public amenity
4.
Significant public or private fear caused (e.g. in domestic context)
|
Factors
indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or a Restraining Order
|
Introduction
This guideline
deals with common assaults and grave and criminal assaults. The difference between an assault and a grave
and criminal assault is one of degree.
The higher end of common assault will often overlap with the lower end
of grave and criminal assault. The more
serious grave and criminal assaults must be sent to the Royal Court.
Maximum sentence: As
a common law offence, sentencing is at large.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Assault
with a low degree of force, involving little or no injury
|
£2,000
|
£500 - £4,000
|
|
Assault
with considerable force resulting in moderate, non-permanent harm (including
physical and psychological harm), or assault by spitting
|
6 months
|
£4,000 –
12 months
|
|
Assault,
irrespective of force, or resulting in, serious harm (including physical and
psychological harm)
|
12 months
|
9 months – Royal
Court
|
|
Assault
involving non-fatal strangulation or suffocation
|
Royal Court
|
Royal Court
|
|
B.
Consider the effect of aggravating and mitigating factors
(other than those within examples above)
The
following may be particularly relevant but these lists are not exhaustive
|
|
Factors indicating higher culpability
1. Threatened
or actual use of a weapon to frighten or harm victim
2. Nature
of the weapon i.e. those which can cause serious injury
3. The
weapon was carried prior to the offence, or weapon sought or obtained during
the course of the offence
4. Offence
was planned or sustained
5. The
blow was aimed at or force inflicted to a vulnerable part of the body e.g.
kick to the head; force applied to the neck or throat
6. Offence
targeted at people performing a public duty, or providing a service(s) to the
public
7. Head-butting,
kicking, biting
8. Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or groups
9. Abuse
of a position of trust
10. Abuse
of position of power
11. Offence
part of a group action
12. Intoxication
13. Premeditation
14. Victim
is particularly vulnerable e.g. child or vulnerable adult
15. Any
steps taken to prevent a victim reporting an incident and/or from assisting
or supporting the Prosecution
|
Factors indicating lower culpability
1. Significant
provocation
2. Single
push, shove or blow
3. The
blow was random
4. The
assault took place/the weapon was obtained on the spur of the moment
5. History
of significant violence/abuse towards the offender by the victim
|
|
Factors indicating greater degree of
harm
1. Serious,
permanent or long term physical or psychological injury or distress
2. Additional
degradation of victim
3. Offence
committed in the presence of a child or other vulnerable person
4. Offence
committed in a domestic context
5. Occurred
within the victim’s home, especially if there was a forced entry
6. Offender
prevented the victim from seeking or obtaining help
7. Previous
violence or threats to same victim
8. Offence
occurred in an isolated location
9. Gratuitous
degradation of the victim
10. Victim
pregnant
|
Factors
indicating lesser degree of harm
|
|
Consider Compensation and/or a Restraining Order and/or an
Exclusion Order
|
|
4
|
Assault on Police, medical professionals, and emergency
workers
|
Common Law
|
Introduction
Assaults on police
officers, medical professionals (most often paramedics), fire officers and
other emergency workers acting in exercise of their functions are aggravated
assaults as the person assaulted is working for the safety and wellbeing of the
public or specific individuals. The Court should impose significant penalties
to deter such assaults and to protect such workers and to protect the public.
Offenders should expect an immediate custodial sentence save in exceptional
circumstances.
Maximum sentence: As
a common law offence, sentencing is at large.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Assault
with a low degree of force, involving little or no injury
|
2 months
|
1–
4 months
|
|
Assault
with considerable force resulting in moderate, non-permanent harm (including
physical and psychological harm) or assault by spitting
|
8months
|
4 months –
12 months
|
|
Assault,
irrespective of force, intending to cause fear or resulting in serious harm
(including physical and psychological harm)
|
12 months
|
9
months –
Royal
Court
|
|
Assault
involving non-fatal strangulation or suffocation
|
Royal Court
|
Royal
Court
|
|
B.
Consider the effect of aggravating and mitigating factors
(other than those within examples above)
The
following may be particularly relevant but these lists are not exhaustive
|
|
Factors indicating higher culpability
1. Threatened
or actual use of a weapon to frighten or harm the victim
2. Nature
of the weapon i.e. those which can cause serious injury
3. The
weapon was carried prior to the offence, or the weapon sought or obtained
during the course of the offence
4. The
offence was planned or sustained
5. The
blow was aimed or force inflicted to a vulnerable part of the body e.g. kick
to the head; force applied to the neck or throat
6. Head-butting,
kicking, biting
7. Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or groups
8. Abuse
of a position of trust
9. Abuse
of a position of power
10. Offence
part of a group action
11. Intoxication
12. Premeditation
13. Any
steps taken to prevent a victim reporting an incident, and/or from assisting
or supporting the Prosecution
|
Factors indicating lower culpability
1. Significant
provocation
2. Single
push, shove or blow
3. The
blow was random
4. The
weapon was obtained on the spur of the moment
|
|
Factors indicating greater degree of
harm
1. Serious
or permanent or long term physical or psychological injury or distress
2. Additional
degradation of victim
3. Offence
committed in the presence of a child or other vulnerable person
4. Offender
prevented the victim from seeking or obtaining help
5. Previous
violence or threats to same victim
6. Offence
occurred in an isolated location
7. Offender
seeking to escape from custody or lawful restriction
|
Factors
indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or a Restraining Order and/or an
Exclusion Order
|
|
5
|
Breach of the peace / conduct likely to cause breach
of the peace
|
Common Law
|
Maximum sentence: As
a common law offence, sentencing is at large.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Conduct
likely to cause a breach (e.g. minor disorder with abusive language but no
violence)
|
£450
|
£300 - £600
|
|
Minor
violence with no evidence of injury
|
£800
|
£600 - £1,000
|
|
More
serious disorder, with injury or threat of injury
|
2 months
|
£1,000
–
12
months
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Intoxication
2.
Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or groups
3.
Offence targeted
at police, medical, fire and/or other emergency service workers
4.
Offence targeted
at people performing a public duty, or providing a service(s) to the public
|
Factors
indicating lower culpability
|
|
Factors
indicating greater degree of harm
1.
Members of the
public intimidated by the behaviour
2.
Group action
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider an Exclusion
Order
|
|
6
|
Drunk or disorderly on licensed premises
|
Art 82 Licensing
(Jersey) Law 1974
|
Maximum
sentence: 3 months imprisonment and a Level 3 fine
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Minor
disturbance
|
£800
|
£400 - £1,200
|
|
Shouting,
causing disturbance for some time
|
£1,500
|
£1,000- £2,000
|
|
Substantial
disturbance; caused/ threatened violence
|
1 month
|
£2,000-
2 months
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Offensive words
or violent behaviour involved
2.
Group action
3.
Lengthy incident
4.
Intoxication
(except where part of the offence)
5.
Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or group
6.
Offence targeted
at police, medical, fire and/or other emergency service workers
7.
Offence targeted
at people performing a public duty, or providing a service(s) to the public
|
Factors
indicating lower culpability
|
|
Factors
indicating greater degree of harm
1.
Offence
committed where vulnerable persons are present
2.
Offence
committed in view of general public
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or Restraining Order and/or an
Exclusion Order
|
|
7
|
Drunk and disorderly
|
Common Law
|
Maximum sentence: As
a common law offence, sentencing is at large.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Brief offence of shouting or causing
disturbance
|
£ 800
|
Bind over -
£1,200
|
|
Substantial
disturbance caused
|
£1,500
|
£1,000 - £2,000
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Offensive words
or behaviour involved
2.
Lengthy incident
3.
Group action
4.
Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or group
5.
Offence targeted
at police, medical, fire and/or other emergency service workers
6.
Offence targeted
at people performing a public duty, or providing a service(s) to the public
|
Factors
indicating lower culpability
1.
Minor and
non-threatening
2.
Stopped as soon
as police arrived
|
|
Factors
indicating greater degree of harm
1.
Offence
committed at a school, hospital or other place where vulnerable persons may
be present
2.
Offence committed
on public transport
|
Factors indicating lesser degree of harm
|
|
Consider Compensation and/or Restraining Order and/or an
Exclusion Order
|
|
8
|
Drunk and incapable
|
Common Law
|
Maximum sentence: As
a common law offence, sentencing is at large.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Defendant
was drunk and was incapable
|
£200
|
Bind over - £750
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Offensive words
or behaviour involved
2.
Abusive words or
behaviour
|
Factors
indicating lower culpability
1.
Minor and
non-threatening
|
|
Factors
indicating greater degree of harm
1.
Offence
committed at school, hospital or other place where vulnerable persons may be
present
2.
Offence
committed on public transport
|
Factors indicating lesser degree of harm
|
|
Consider Compensation
and/or Restraining Order and/or an Exclusion Order
|
|
9
|
Firearm, carrying in a public place
|
Art 41 Firearms
(Jersey) Law 2000
|
Maximum sentence:
5 years imprisonment (or 6 months for an air weapon) or a fine or both.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Carrying
a loaded air weapon
|
1 month
|
£2,000
– 3 months
|
|
Carrying
loaded shot gun
|
6 months
|
£2,500 -
Royal Court
|
|
Carrying
any firearm (other than an air weapon or shot gun) either loaded or together
with ammunition
|
Royal Court
|
Royal Court
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Brandishing the
firearm
2.
Carrying firearm
in a populated place
3.
Planned illegal
use
4.
Intoxication
|
Factors
indicating lower culpability
1.
Firearm not in
sight
2.
No intention to
use firearm unlawfully
|
|
Factors
indicating greater degree of harm
1.
Person/s put in
fear or serious alarm
2.
Offender
participating in violent incident
3.
Risk of serious
disorder
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Forfeiture/Cancellation (Art 48) and/or Restraining
Order
|
|
10
|
Harassment
|
Art 6 Crime (Public
Order) (Jersey) Law 2024
|
Maximum sentence:
5 years imprisonment and a fine.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Short
lived, non-threatening contact
|
£2,000
|
£1,000 –
2 months
|
|
Deliberate
threats, persistent action over a longer period; or
intends or
is reckless as to whether fear of violence or substantial distress is caused
|
9 months
|
3 – 12 months
|
|
Conduct
intended to maximise fear or distress; threat of serious violence; sexual
threats; high degree of planning; sophisticated means used
|
Royal Court
|
Royal Court
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Stalking
2.
Offender ignores
obvious distress
3.
Visits in person
to victim’s home or workplace
4.
Offender
involves others
5.
Using contact
arrangements with a child to instigate offence
6.
Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or group
7.
Abuse of
position of trust to facilitate offence
8.
Domestic context
9.
Offence targeted
at police, medical, fire and/or other emergency service workers
10. Offence
targeted at people performing a public duty, or providing a service(s) to the
public
11. Physical
violence used (where not charged separately)
12. Violent
or offensive material sent
13. Warnings
to desist ignored
14. Vulnerable
person targeted
|
Factors
indicating lower culpability
1.
Limited
understanding of effect on victim
|
|
Factors
indicating greater degree of harm
1.
High degree of
fear or distress or other harm caused
2.
Victim aware
that offender has history of using violence
3.
Effect on others
including children
4.
Evidence that
victim changed lifestyle to avoid contact
5.
Victim is a
child or other particularly vulnerable person
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or Restraining Order and/or Exclusion
Order
|
|
11
|
Malicious damage (other than by fire)
|
Common Law
|
Maximum sentence: As
a common law offence, sentencing is at large.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Minor
damage e.g. breaking small window; small amount of graffiti
|
£600
|
£300 –
£ 1,000
|
|
Moderate
damage e.g. breaking large plate-glass or shop window; widespread graffiti
|
2 months
|
£ 1,000
– 3 months
|
|
Significant
damage e.g. damage caused as part of a spree
|
6 months
|
4 months – Royal
Court
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Revenge attack
2.
Targeting
vulnerable victim
3.
Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or group
4.
High degree of
planning
|
Factors
indicating lower culpability
1.
Damage caused
recklessly
|
|
Factors
indicating greater degree of harm
1.
Damage to
emergency equipment/ emergency vehicle
2.
Damage to public
amenity
3.
Danger or
distress caused to members of the public
4.
Significant
public or private fear caused e.g. in domestic context
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or Restraining Order
|
|
12
|
Obstruct / refuse to obey a police officer in the
execution of duty
|
Common Law
|
Maximum sentence: As
a common law offence, sentencing is at large.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Failure
to move when required to do so
|
£ 500
|
£200 –
£800
|
|
Attempt
to prevent arrest of self or others or prevent other lawful police action; where
failure to move away incites or enables others to offend
|
£ 1,500
|
£800 -
3 months
|
|
Impeding
a Police investigation
|
1 month
|
£1,500 –
12 months
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Premeditated
action
2.
Use of force,
aggression or intimidation by way of words/threats/actions
3.
Group action
4.
Intoxication
5.
Gave false
details
|
Factors
indicating lower culpability
1.
Genuine mistake
or misjudgement
2.
Brief incident
|
|
Factors
indicating greater degree of harm
1.
Seriousness of
matter being investigated
2.
Injury caused
(where no assault charged)
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or Restraining Order and/or Exclusion
Order
|
|
13
|
Having an offensive weapon in public / on school
premises
|
Art 7 Crime (Public
Order) (Jersey) Law 2024
|
Maximum sentence:5
years or a fine or both and power of the court to make forfeiture or disposal
order of the weapon concerned.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Weapon
carried in public or on school premises
|
6 months
|
1month - Royal
Court
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Nature of the weapon i.e. those which can
cause serious injury
2.
Use of weapon,
or intention to use weapon, to commit violence, threaten violence or
intimidate (where no other offence relating to weapon charged)
3.
Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or group
4.
Offence targeted
at police, medical, fire and/or other emergency service workers
5.
Offence targeted
at people performing a public duty, or providing a service(s) to the public
6.
Intoxication
7.
Offender
operating in group or gang
|
Factors
indicating lower culpability
|
|
Factors
indicating greater degree of harm
1.
Offence
committed where vulnerable persons may be present/ when the school is open
2.
Offence
committed on or outside licensed premises
3.
Offence
committed on public transport
4.
Offence
committed at a large public gathering, especially where there may be risk of
disorder
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or Restraining Order and/or Exclusion
Order
and/or forfeiture (Art 7(4))
|
|
14
|
Resisting arrest / violently resisting arrest
|
Common Law
|
Maximum sentence: As
a common law offence, sentencing is at large.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Failure
to comply with arresting officer (passive)
|
£500
|
£200
– £800
|
|
Active
resistance to arresting officer
|
£1,500
|
£800 –
3 months
|
|
Use
of violence (Violently Resisting Arrest)
|
3 months
|
1 month –
6 months
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Premeditated
action
2.
Aggressive
words/threats
3.
Leading role in
group action
4.
Intoxication
5.
Intention to
cause fear of serious harm, including disease transmission
6.
Prolonged/persistent
violence
7.
Use of
substantial force
|
Factors
indicating lower culpability
1.
Genuine mistake
or misjudgement
2.
Brief incident
|
|
Factors
indicating greater degree of harm
1.
Physical and/or
psychological injury caused (where separate assault not charged)
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or Exclusion Order
|
|
15
|
Restraining Order - Breach
|
Art 9 Criminal
(Public Order) (Jersey) Law 2024
|
Maximum sentence: 5
years imprisonment and a fine.
This is a breach
of a court order which is imposed to prevent not only harm to the protected
person but also fear of harm. Breach of a Restraining Order should result in
custody. Only in the most minor circumstances should a fine be imposed. A
binding over order is rarely, if ever appropriate.
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Minor
and inadvertent breach involving no/minimal direct or indirect contact.
No harm to the victim, no fear induced
|
1 month
|
£500 - 2 months
|
|
Deliberate
single breach involving physical and /or psychological harm to the victim
|
5 months
|
3 months – 7
months
|
|
Serious
and or persistent breaches involving significant physical and/or
psychological harm to the victim
|
9 months
|
8 months – Royal
Court
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Proven history
of violence or threats by the offender
2.
Violence
used/damage caused but not charged separately
3.
Breach on
multiple occasions represented in a single charge
4.
Using contact
arrangements with a child to instigate offence
5.
Offence is a
further breach, following earlier breach proceedings
6.
Offender has
history of disobedience to court orders
7.
Breach committed
immediately or shortly after Order made
8.
Intoxication
|
Factors
indicating lower culpability
1.
Breach committed
after lengthy period of compliance
|
Factors
indicating greater degree of harm
1.
Victim is
particularly vulnerable
2.
Vulnerable
persons present, including children
3.
Effect on others
4.
Victim is forced
to leave place of residence
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or Restraining Order and/or Exclusion
Order
|
|
16
|
Riot
|
Art 2 Criminal
(Public Order) (Jersey) Law 2024
|
Maximum
sentence: 10 years imprisonment and a fine.
This
offence is too serious for the Magistrate’s Court and should be sent to the
Royal Court.
|
17
|
Threatening, abusive or disorderly conduct
|
Art 5 Criminal
(Public Order) (Jersey) Law 2024
|
Maximum
sentence: 12 months imprisonment and a Level 3 fine
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Disorderly
behaviour
|
£500
|
£300-£800
|
|
Abusive
behaviour and/or abusive words
|
£1,000
|
£500 - £2,000
|
|
Threatening
behaviour and/or threatening words
|
2 months
|
£3,000 -
8 months
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Group action
2.
Behaviour accompanied
by sexual words, conduct or motivation
where not otherwise charged as separate offence
3.
Lengthy incident
4.
Children or
other vulnerable persons present
5.
In busy location
with many members of the public present, e.g. shopping precinct
6.
Intoxication
7.
Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or group
8.
Offence targeted
at police, medical, fire and/or other emergency service workers
9.
Offence targeted
at people performing a public duty, or providing a service(s) to the public
10. Offence
committed on enclosed premises, such as public transport
11. Intention
to cause fear of serious violence
|
Factors
indicating lower culpability
1.
Brief/minor
incident
|
Factors
indicating greater degree of harm
1.
Vulnerable
person(s) present
2.
Offence
committed at school, hospital or other place where vulnerable persons may be
present
3.
Victim
performing public duty
4.
Victim feared
serious violence
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or Restraining Order and/or Exclusion
Order
|
|
18
|
Threat to kill, rape or cause serious injury
|
Art 4 Criminal
(Public Order) (Jersey) Law 2024
|
Maximum
sentence: Article 4(2): 10 years imprisonment and a fine
|
A. Identify the appropriate starting point
Starting points based on first
time offender pleading guilty
|
|
Examples
of nature of activity
|
Starting
point
|
Range
|
|
Offence was limited in scope and duration
|
12 months
|
Royal Court
|
|
Cases where any of the
factors included in higher culpability or degree of harm exist
|
Royal
Court
|
|
B. Consider the effect of aggravating and mitigating
factors
(other than those within examples
above)
The following
may be particularly relevant but these lists are not exhaustive
|
|
Factors
indicating higher culpability
1.
Offence
motivated by, or demonstrating hostility based on any legally protected
characteristic or targeted at specific individuals or group
2.
Offence targeted
at police, medical, fire and/or other emergency service workers
3.
Offence targeted
at people performing a public duty, or providing a service(s) to the public
4. Evidence of significant planning and/or
sophisticated offence
5. The use or intended use of a visible weapon
6. Threat(s) made in the presence of children or
vulnerable persons
7. History of and/or campaign of violence towards the
victim
8.
Threat(s) with
significant violence
|
Factors
indicating lower culpability
|
Factors
indicating greater degree of harm
1.
Impact of
offence on others, particularly children
2.
Offence
committed in a domestic abuse context
3.
Victim is
particularly vulnerable
|
Factors indicating lesser degree of harm
|
|
Form a preliminary view of the appropriate sentence,
then consider offender mitigation
|
|
Consider Compensation and/or Restraining Order and/or Exclusion
Order
|