Jersey coat of arms

Criminal Justice (Anonymity in Sexual Offence Cases) (Jersey) Law 2002

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

08.160

 

Showing the law from 1 January 2019 to Current

 




Embedded Image

Criminal Justice (Anonymity in Sexual Offence Cases) (Jersey) Law 2002

A LAW to repeal and re-enact the provisions of the Criminal Justice (Anonymity in Rape Cases) (Jersey) Law 1992 and to make new provision for the anonymity of victims of sexual offences other than rape

Commencement [see endnotes]

1        Interpretation

(1)     In this Law, unless the context otherwise requires –

“complainant” means a person against whom a sexual offence is alleged to have been committed;

“picture” includes a likeness, howsoever produced;

“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed) but shall not include an indictment or other document prepared for use in particular legal proceedings;

“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990 of the United Kingdom as that Act from time to time has effect in Jersey by virtue of any Order in Council;

“sexual offence” shall be construed in accordance with Article 2.

(2)     For the purposes of this Law –

(a)     where it is alleged that a sexual offence has been committed, the fact that any person has consented to an act which, on any prosecution for that offence, would fall to be proved by the prosecution, shall not prevent that person from being regarded as a person against whom the alleged offence was committed; and

(b)     where a person is accused of an offence of incest or sodomy, the other party to the act in question shall be taken to be a person against whom the offence was committed even though the other party consented to that act.

(3)     For the purposes of this Law, where it is alleged or there is an accusation –

(a)     that an offence of conspiracy or incitement of another to commit an offence mentioned in Article 2(a) to (g) has been committed; or

(b)     that an offence of aiding, abetting, counselling or procuring the commission of an offence of incitement of another to commit an offence mentioned in Article 2(a) to (g) has been committed,

the person against whom the substantive offence is alleged to have been intended to be committed shall be regarded as the person against whom the conspiracy or incitement is alleged to have been committed.

(4)     In paragraph (3), the “substantive offence” means the offence to which the alleged conspiracy or incitement related.

(5)     For the purposes of this Law, a person is accused of an offence if –

(a)     the person is presented before the Magistrate’s Court by a Centenier having jurisdiction in the matter; or

(b)     the person is brought before or committed for trial before the Royal Court on a charge for the offence,

and references in this Law to an accusation alleging an offence shall be construed accordingly.[1]

2        Sexual offences

For the purposes of this Law, “sexual offence” means any of the following –

(a)     an offence under the Sexual Offences (Jersey) Law 2018, or under a provision of an enactment or customary law repealed or abolished by that Law (if the offence is alleged to have been committed before that repeal or abolition);

(b)     a customary law offence of indecent assault or indecent exposure;

(c)     an offence under Article 2 of the Protection of Children (Jersey) Law 1994;

(d)     an offence under Article 38 of the Mental Health (Jersey) Law 1969 (if the offence is alleged to have been committed before the repeal of that Law);

(e)

(f)     

(g)     any offence under any of Articles 74 to 76 of the Mental Health (Jersey) Law 2016;

(h)     any offence of attempt to commit any of the offences in sub-paragraphs (a) to (g);

(i)      any offence of conspiracy or incitement to commit any of the offences in sub-paragraphs (a) to (g);

(j)      any offence of aiding, abetting, counselling or procuring any of the offences in sub-paragraphs (a) to (i).[2]

3        Anonymity of victim of sexual offence

(1)     Where an allegation has been made that a sexual offence has been committed against a person, no matter relating to that person shall during that person’s lifetime be included in any publication if it is likely to lead members of the public to identify that person as the complainant.

(2)     Where a person is accused of a sexual offence, no matter likely to lead members of the public to identify a person as the complainant shall, during the complainant’s lifetime be included in any publication.

(3)     This Article –

(a)     shall not apply in relation to a person by virtue of paragraph (1) at any time after a person has been accused of the offence; and

(b)     in its application in relation to a person by virtue of paragraph (2), has effect subject to any direction given under Article 4.

(4)     The matters relating to a person in relation to which the restrictions imposed by paragraph (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that paragraph) include in particular –

(a)     the person’s name;

(b)     the person’s address;

(c)     the identity of any school or other educational establishment attended by the person;

(d)     the identity of any place of work of the person; and

(e)     any still or moving picture of the person.

(5)     Nothing in this Article prohibits the inclusion in a publication of matter consisting only of a report of criminal proceedings other than proceedings at, or intended to lead to, or an appeal arising out of, a trial at which the accused is charged with a sexual offence

4        Direction disapplying Article 3

(1)     If, before the commencement of a trial at which a person is charged with a sexual offence, the person or another person against whom the complainant may be expected to give evidence at the trial applies to the Royal Court for a direction under this paragraph and satisfies the Royal Court –

(a)     that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial; and

(b)     that the conduct of the applicant’s defence at the trial is likely to be substantially prejudiced if the direction is not given,

the Royal Court shall direct that Article 3 shall not, by virtue of the accusation alleging the said offence, apply in relation to the complainant.

(2)     If, at a trial, the Royal Court is satisfied that the effect of Article 3 is to impose a substantial and unreasonable restriction upon the reporting of proceedings at the trial and that it is in the public interest to remove or relax the restriction, it shall direct that Article 3 shall not apply to such matter as is specified in the direction.

(3)     A direction shall not be given under paragraph (2) by reason only of the outcome of the trial.

(4)     If a person who has been convicted of a sexual offence and has given notice of appeal against the conviction, or notice of an application for leave so to appeal, applies to the court to which the appeal is or would be made for a direction under this paragraph and satisfies that court –

(a)     that the direction is required for the purpose of obtaining evidence in support of the appeal; and

(b)     that the applicant is likely to suffer substantial injustice if the direction is not given,

that court shall direct that Article 3 shall not, by virtue of an accusation which alleges a sexual offence and is specified in the direction, apply in relation to a complainant so specified.

(5)     A direction given under this Article shall not affect the operation of Article 3 at any time before the direction is given.

(6)     If, after the commencement of a trial at which a person is charged with a sexual offence, a new trial of the person for the offence in question is ordered, the commencement of any previous trial shall be disregarded for the purposes of paragraph (1).

5        Special rules for cases of incest[3]

(1)     Article 3 shall not apply to a person against whom an offence under Article 34 of the Sexual Offences (Jersey) Law 2018 is alleged to have been committed, if that person is accused of having committed an offence under that Article against the other person who is alleged to have committed the offence against him or her.[4]

(2)     [5]

(3)     Paragraph (1) shall not affect the operation of this Law in relation to anything done at any time before the person mentioned first in that paragraph is accused.[6]

(4)     In this Article, a reference to an offence under Article 34 of the Sexual Offences (Jersey) Law 2018 includes a customary law offence of incest (if alleged to have been committed before the abolition of that offence), and an attempt to commit either of those offences.[7]

6        Offences

(1)     If any matter is included in a publication in contravention of Article 3, the following persons shall be guilty of an offence and liable to a fine –

(a)     where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b)     where the publication is a relevant programme –

(i)      any body corporate or limited liability partnership engaged in providing the programme service in which the programme is included, and

(ii)      any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c)     in the case of any other publication, any person publishing it.

(2)     Where a person is charged with an offence under this Article in respect of the inclusion of any matter in a publication, it shall be a defence, subject to paragraph (3), to prove that the publication in which the matter appeared was one in respect of which the person against whom the sexual offence is alleged to have been committed had given written consent to the appearance of matter of that description.

(3)     Written consent is not a defence if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain consent or that the person was under the age of 16 at the time when it was given.

(4)     Where a person is charged with an offence under this Article, it shall be a defence to prove that, at the time of the alleged offence, the person was not aware and neither suspected nor had reason to suspect, that the publication included the matter in question.

(5)     Where –

(a)     a person is charged with an offence under this Article; and

(b)     the offence relates to the inclusion of any matter in a publication in contravention of Article 3(1),

it shall be a defence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made.

(6)     Proceedings for an offence under this Article shall not be instituted except by or with the consent of the Attorney General.

7        Offences by bodies corporate, etc.

(1)     Where an offence under Article 6 committed by a limited liability partnership or company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of –

(a)     a person who is a partner of the partnership, or director, manager, secretary or other similar officer of the company; or

(b)     any person purporting to act in any such capacity,

the person shall also be guilty of the offence and liable in the same manner as the partnership or company to the penalty provided for that offence.

(2)     Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

8        Prohibitions, etc. in other enactments

Nothing in this Law shall affect any prohibition or restriction imposed by virtue of any other enactment upon a publication or upon matter included in a relevant programme.

9        Courts-martial

(1)     This Law shall have effect with the modifications set out in paragraph (2) in any case where, in pursuance of any provision of the Army Act 1955 of the United Kingdom, the Air Force Act 1955 of the United Kingdom or the Naval Discipline Act 1957 of the United Kingdom, as those Acts from time to time have effect in Jersey by virtue of any Order in Council, a person is charged with a sexual offence.

(2)     The modifications are –

(a)     any reference to a trial shall be read as a reference to a trial by court-martial;

(b)     in Article 1(5), for sub-paragraphs (a) and (b) there shall be substituted the words “the person is charged, in pursuance of any provision of the Army Act 1955 of the United Kingdom, the Air Force Act 1955 of the United Kingdom or the Naval Discipline Act 1957 of the United Kingdom, as those Acts from time to time have effect in Jersey by virtue of any Order in Council, with a sexual offence”;

(c)     in Article 4(1), any reference to the Royal Court, in relation to the person charged with a sexual offence, shall be read as a reference to the judge advocate appointed to conduct proceedings under that paragraph relating to the offence, whether or not the judge advocate is also appointed to conduct other preliminary proceedings relating to the offence; and

(d)     in Article 4(2), any reference to the Royal Court shall be read as a reference to the judge advocate appointed to be a member of the court-martial.

(3)     Where any provision of an Act referred to in this Article is repealed and re-enacted, with or without modifications, by a provision of another Act having effect in Jersey, references in this Article, and in the modifications made by it, to the provision so repealed and re-enacted shall be construed as references to the provision so re-enacted, as it has effect in Jersey.

10      Regulations

The States may by Regulations amend the definitions “publication” and “relevant programme” in Article 1(1).

11      Citation

This Law may be cited as the Criminal Justice (Anonymity in Sexual Offence Cases) (Jersey) Law 2002.

 


Endnotes

Table of Legislation History


Legislation

Year and No

Commencement

◦Projet No
(where applicable)

Criminal Justice (Anonymity in Sexual Offence Cases) (Jersey) Law 2002

L.14/2002

19 April 2002

P.166/2001

Connétables (Miscellaneous Provisions – Consequential Amendments) (Jersey) Regulations 2014

R&O.81/2014

1 August 2014 (R&O.80/2014)

P.78/2014

Mental Health and Capacity (Consequential Amendment and Transitional Provision) (Jersey) Regulations 2018

R&O.49/2018

1 October 2018

(R&O.51/2018)

P.48/2018

Sexual Offences (Consequential Amendments) (Jersey) Regulations 2018

R&O.110/2018

23 November 2018

P.106/2018

◦Projets available at www.statesassembly.gov.je

Table of Renumbered Provisions

Original

Current

1(6), (7), (8)

spent, omitted from this revised edition

2(j)

2(i)

 (k)

(j)

11

spent, omitted from this revised edition

12

11

Table of Endnote References



[1] Article 1(5)                  amended by R&O.81/2014

[2] Article 2                      amended by R&O.49/2018, R&O.110/2018

[3] Article 5                      heading amended by R&O.110/2018

[4] Article 5(1)                  amended by R&O.110/2018

[5] Article 5(2)                  deleted by R&O.110/2018

[6] Article 5(3)                  amended by R&O.110/2018

[7] Article 5(4)                  amended by R&O.110/2018


Page Last Updated: 26 Sep 2021