Crime (Disorderly
Conduct and Harassment) (Jersey) Law 2008
A LAW to create an offence of
threatening, abusive, or disorderly conduct and an offence of harassment, to
enable restraining orders to be imposed in respect of persons convicted of
harassment, and for related purposes.
Commencement [see endnotes]
1 Interpretation
In this Law, unless the contrary intention
appears –
“dwelling” means any structure or part of a structure
occupied as part of a person’s home or as other living accommodation
(whether the occupation is separate or shared with others) but does not include
any part not so occupied, and for this purpose “structure” includes
a tent, caravan, vehicle, vessel or other temporary or movable structure;
“intoxication” means any intoxication, whether caused by
drink, drugs or other means, or by a combination of means;
“motor vehicle” means a motor vehicle within the meaning
of the Motor Vehicle Registration
(Jersey) Law 1993.
2 Threatening,
abusive or disorderly conduct
(1) A person commits an
offence if he or she –
(a) uses
words that are threatening or abusive;
(b) behaves
in a threatening or abusive way; or
(c) engages
in disorderly behaviour,
within the hearing or sight of another person likely to be caused alarm or distress by the words or behaviour.
(2) An offence under
paragraph (1) may be committed in a public or a private place (including a
dwelling), except that no offence is committed if the words, or behaviour, are
used by a person inside a dwelling and the other person is also inside that
dwelling.
(3) A person commits an
offence under paragraph (1) only if –
(a) in a
case referred to in paragraph (1)(a) or (b), he or she intends his or her
words, or behaviour, to be threatening or abusive, or is aware that the words,
or the behaviour, may be threatening or abusive; or
(b) in a
case referred to in paragraph (1)(c), he or she intends his or her
behaviour to be, or is aware that it may be, disorderly.
(4) For the purposes of
this Article a person whose awareness is impaired by intoxication shall be
taken to be aware of that of which he or she would be aware if not intoxicated,
unless he or she shows either that his or her intoxication was not self-induced
or that it was caused solely by the taking or administration of a substance in
the course of medical treatment.
(5) It is a defence for the
accused to prove that –
(a) he or
she had no reason to believe that there was any person within hearing or sight
who was likely to be caused alarm or distress;
(b) he or
she was inside a dwelling and had no reason to believe that the words or
behaviour used would be heard or seen by a person outside that dwelling; or
(c) his
or her conduct was reasonable.
(6) A person who commits an
offence under paragraph (1) shall be liable to imprisonment for a term of
3 months and a fine of level 3 on the standard scale.
3 Harassment
(1) A person commits an
offence if he or she pursues a course of conduct –
(a) that
amounts to harassment of another person; and
(b) that
he or she knows, or ought to know, amounts to harassment of another person.
(2) For the purposes of
this Article, a person ought to know that his or her course of conduct amounts
to harassment of another person if a reasonable person in possession of the
same information would think the course of conduct amounted to harassment of
the other person.
(3) A person who commits an
offence under paragraph (1) shall be liable to imprisonment for a term of
2 years and to a fine.[1]
(4) In this Article, to
harass a person includes to alarm the person or to cause the person distress.
(5) In this Article and
Article 4, a course of conduct –
(a) includes
speech;
(b) includes
conduct of a kind that occurs on one occasion and conduct of a different kind
that occurs on another occasion; and
(c) does
not include conduct that occurs on only one occasion.
4 Defence
to charge of harassment
It is a defence for a person who is accused of an offence under
Article 3(1) in relation to a course of conduct pursued by the person if
the person proves that –
(a) the course of conduct
was pursued for the purpose of preventing or detecting an offence;
(b) the course of conduct
was pursued under an enactment or customary law or so as to comply with a
condition or requirement imposed by a person under an enactment or customary
law; or
(c) in the particular
circumstances the pursuit of the course of conduct was reasonable.
5 Restraining
orders[2]
(1) If a court convicts a
person of an offence, a person presenting or prosecuting the case against the
convicted person may apply to the court to make a restraining order against the
convicted person.[3]
(2) A court to which an
application is made under paragraph (1) may, in addition to any other
order or penalty that the court may make or impose, make a restraining order
against the person to whom the application relates if the court is satisfied on
the balance of probabilities that it is appropriate to do so for the purpose of
protecting the victim of the offence, or any other person named in the order,
from conduct by the person against whom the order is made, which would, if
carried out –
(a) amount
to harassment of the victim or other person named in the order; or
(b) be
likely to cause the victim or such other person to be in fear of violence
against them.[4]
(3) A restraining order
shall prohibit the person against whom it is made from engaging in conduct of
the kind specified in the order.
(4) A restraining order
made against a person may prohibit the driving of a motor vehicle by the person
or the driving of a motor vehicle by the person other than in circumstances
specified in the order, if a motor vehicle was used by the person in committing
an offence under Article 3(1).
(5) A restraining order
shall specify the period for which it is to remain in force (which period may
be specified to be of an indeterminate period).
6 Breach
of order
(1) A person against whom
an order is made under Article 5 who breaches the order commits an
offence.
(2) A person who commits an
offence under paragraph (1) shall be liable to imprisonment for a term of
2 years and to a fine.[5]
7 Amendment
or revocation of restraining order
(1) An order under Article 5
may be amended or revoked by the court which made the order, on the application
of –
(a) the
Attorney General; or
(b) the
person against whom the order was made.[6]
(2) The court to which an
application is made under paragraph (1) may amend or revoke the order if
(and to the extent that) the court is satisfied that it is appropriate to do
so.[7]
8 Parties to offences
Any person who aids, abets, counsels or procures the commission of
an offence under this Law shall also be guilty of the offence and liable in the
same manner as a principal offender to the penalty provided for that offence.
9 Citation
This Law may be cited as the Crime (Disorderly Conduct and
Harassment) (Jersey) Law 2008.