ROYAL COURT
OF JERSEY
RC 23/01
APPLICATIONS UNDER ARTICLE 5(5) OF THE SEX OFFENDERS
(JERSEY) LAW, 2010 (“the Law”)
The
following directions shall apply to applications under Article 5(5) of the Law
for notification requirements to be lifted after the period specified by the
Royal Court has expired.
1.
Applications shall be made by
Representation substantially in the form annexed to this Practice
Direction.
2.
The Representation shall be
sent to the Judicial Greffier electronically for the
attention of the Samedi Division to JGRSamedi@courts.je. [If
an Applicant is unrepresented, they may send a hard copy for the attention of
the Samedi Division, Judicial Greffe, Royal Court House, Royal Square, St
Helier, Jersey JE1 1JG].
3.
For the avoidance of doubt,
RCR 6/34 does not apply to Representations under Article 5(5) of the Law and
there is no requirement to send a copy to the Bailiff’s Judicial
Secretary.
4.
The Representation must set
out all grounds upon which the Applicant relies, and the relief sought must
include requests that:-
a.
the application shall be
heard in private (if desired);
b.
the Attorney General shall be
convened to the hearing of the application;
c.
the parties shall attend on
the Bailiff’s Judicial Secretary to fix a date for the final hearing of the
application by the Inferior Number of the Court;
d.
the Police and the Probation
Service shall each file an updated report in connection with the Applicant and
the application;
e.
specialist report(s) are
required and the reasons why, including the Applicant providing the name(s) and
contact details of the specialist(s) to be instructed; and
f.
there shall be liberty to
apply.
5.
The Applicant shall attach a
copy of every relevant document relied upon or referred to in the
Representation.
6.
Upon receipt of the
Representation the Bailiff shall make such necessary orders in relation to the
matters referred to above, including that the parties shall fix a final hearing
through the Bailiff’s Judicial Secretary and that an Act of Court shall be drawn
up by the Judicial Greffier accordingly. Following
receipt of the Act of Court, the Applicant must serve the proceedings on the
Attorney General.
7.
Updated Police, Probation and any specialist reports [if required] shall be
filed within such period as shall be specified by the Bailiff (which will
normally be six weeks from the date of the order).
8.
If the need for a specialist
report is identified, the specialist will be instructed by the Judicial Greffier who will also provide the specialist with a copy of
the Representation and any supporting material.
9.
Where there is or may be
material non-compliance with any orders made by the Bailiff or where the
Applicant or the Attorney General considers that further directions are
required before the final hearing can take place, a directions hearing shall be
arranged through the Bailiff’s Judicial Secretary as soon as reasonably
practical.
10.
The final hearing shall
normally take place within 10 weeks of any order made by the Bailiff pursuant
to paragraph (4) of this Practice Direction.
11.
The Bailiff’s Judicial
Secretary shall list the matter for hearing in private but at the final
hearing, the first matter for consideration by the Inferior Number will be
whether the case should be heard in private or in public or whether any
reporting restrictions might be imposed.
12.
If held in private, the
decision and any judgment of the Royal Court will normally be published in
anonymised form as the Court considers appropriate, but the Court has a
discretion to make public all or any part of its decision or its judgment.
This Practice Direction will take effect
on 1 July 2023 in place of Practice Direction RC20/01 which is repealed on the
same date.
IN
THE MATTER OF [INSERT NAME]
AND
IN THE MATTER OF AN APPLICATION UNDER ARTICLE 5(5) OF THE SEX OFFENDERS
(JERSEY) LAW 2010.
REPRESENTATION
The
Representation of [insert name] (“the Applicant”) states that:-
1. On the [insert date]
the Applicant was convicted/pleaded guilty to the following offences,
thereby becoming automatically subject to the notification requirements of
Article 5(1) of the Sex Offenders (Jersey) Law 2010 (“the Law”):-
[Insert
details of offences]
2. The Applicant was sentenced
on the [insert date] to [insert
details of sentence] for the above listed offences.
3. On the same occasion the
Court ordered that a period of [insert years] shall elapse before
the Applicant is permitted to apply under Article 5(5) of the Law to be no
longer subject to the notification requirements of the said Law.
4. The Court also made
restrictive orders in the following terms [insert orders] for a
period of [insert years] from [insert date] [Delete
if not relevant].
5. On the [insert date]
the Applicant became eligible to apply to have the said notification
requirements lifted.
6. During the period of the
notification requirements under the Law the Applicant has complied fully and
not reoffended.
7. The Applicant submits that
the risk of sexual harm to the public or to any particular
person or persons which the Applicant may pose by virtue of the
likelihood of reoffending does not justify a continuation of the notification
requirements under the Law.
8. Accordingly, the Applicant
applies to the Court pursuant to Article 5(5) of the Law for an order that the
Applicant shall no longer be subject to the said notification requirements.
WHEREFORE the Applicant requests that
the Court makes orders as set out in the prayer attached hereto, that:
1.
The Attorney General is
convened as a party to the Representation and shall be sent a copy of the
Representation and supporting documents by the Applicant within 7 days;
2.
The Applicant and the
Attorney General shall attend before the Bailiff’s Judicial Secretary within
14 days to fix a date for the final hearing of the Representation
before the Inferior Number of the Royal Court, such hearing to be within 10
weeks;
3.
The States of Jersey Police
and the Jersey Probation Service shall file [send to JGRSamedi@Courts.je and the Law Officers Department]
updated reports within 6 weeks;
4.
For
the purpose of
preparing the reports at paragraph 3. above, a copy of the Representation and
supporting documents shall be sent to the Offenders Management Unit, c/o The
States of Jersey Police and the Jersey Probation Service by the Applicant
within 7 days;
5.
[to delete if not required] The Judicial Greffier
shall instruct details of the reports required and the details of the specialist(s)
to be instructed, all such reports to be prepared within 6 weeks and
sent to JGRSamedi@Courts.je and the Law Officers Department];
6.
the
Representation shall be listed to be heard in private, but the first matter for
consideration at the final hearing shall be whether the matter should be heard
in private or public or whether any reporting restrictions should be imposed;
7.
at the final hearing
granted the application pursuant to Article 5(5) of the Law
that the Applicant shall no longer be subject to the notification requirements
under the Law; and
8.
there shall be liberty to
apply.
………………………………………………………..
Advocate for the
Applicant/Applicant
Firm/Applicant’s contact
details
Date: