Powers of Arrest
(Injunctions) (Jersey) Law 1998
A LAW to provide
the Viscount and police officers with powers of arrest for breach of certain
injunctions, and for connected purposes
Commencement [see endnotes]
In this Law –
in Article 3(8), means the Inferior Number of the Royal Court or the
2 Application of the Law
This Law applies to an
injunction containing a provision (in whatever terms) –
a person from using violence against or molesting another;
a person from specified premises or from a specified area; or
a person from taking out of Jersey a person who has not attained the age of
3 Powers of arrest
the Court grants an injunction to which this Law applies, it may, if it
considers it necessary to do so for the protection of any person referred to in
the injunction, attach a power of arrest to the injunction.
the Court attaches a power of arrest to an injunction to which this Law applies,
it shall specify the period for which the power has effect.
a power of arrest attached to an injunction to which this Law applies has
effect, the Viscount or a police officer may, if the Viscount or police officer
has reasonable cause to suspect that the person against whom the injunction was
granted has acted, is acting or is about to act in breach of the injunction,
arrest the person without warrant.
a power of arrest is not attached to an injunction to which this Law applies or
has ceased to have effect, the Bailiff may, if satisfied by information on oath
that a person named in the injunction is in breach of it, issue a warrant for the
warrant issued under paragraph (4) may be executed by the Viscount or by any
to paragraph (7), where the Viscount or a police officer executes a
warrant issued under paragraph (4), the Viscount or police officer may do
so notwithstanding that it is not in the Viscount’s or police
officer’s possession at the time.
the Viscount or a police officer acts in pursuance of paragraph (6) the
warrant shall, on the demand of the person arrested, be shown to the person as
soon as possible.
person arrested under paragraph (3) or (4) –
(a) shall be brought before the Court as soon as
may be after the person’s arrest; and
(b) shall not be released except by direction of
paragraph (8) “Court” means the Inferior Number of the Royal
This Law may be cited as the Powers of Arrest (Injunctions)
(Jersey) Law 1998.