Sex Offenders
(Travel Notification Requirements) (Jersey) Order 2011
1 Interpretation
(1) In this Order, unless
the context otherwise requires –
“departure notification” means a notification under
Article 8(2) of the Law;
“Law” means the Sex Offenders (Jersey) Law 2010;
“notifier” means a person who is subject to the
notification requirements of the Law;
“return notification” means a notification under Article 8(3)
of the Law.
(2) For the purpose of this
Order, and of Article 8(2)(b) of the Law, a notifier’s point of
arrival is to be determined as follows –
(a) if
the notifier arrives in a country or territory by rail, sea or air, the point
of arrival is the station, port or airport at which the notifier first
disembarks;
(b) in
any other case, the point of arrival is the place at which the notifier first
enters the country or territory.
(3) Paragraph (4)
applies where this Order, or Article 8(2) or (3) of the Law, requires a
notification –
(a) to
disclose information about an event that will occur in the future;
(b) to be
given at a time calculated by reference to such an event; or
(c) to be
given if a condition is met that depends on such an event.
(4) The notification –
(a) is
given in accordance with this Order only if that event does occur in such a way
that that requirement is met in relation to the notification; and
(b) accordingly
is not to be treated as being so given merely by virtue of accurately disclosing
the notifier’s intention or knowledge at the time of giving the
notification.
2 Notification
duty
(1) A notifier who leaves
Jersey must, before leaving, give –
(a) a
departure notification in accordance with Article 3; and
(b) if
required by Article 4, a supplementary departure notification in
accordance with that Article.
(2) A notifier who, after
leaving Jersey, subsequently returns to Jersey must give a return notification in
accordance with Article 5.
(3) A notifier who must
give a departure notification or return notification must –
(a) do so
by giving it to an authorized officer, by attendance at –
(i) a place specified
to the notifier by the Chief Police Officer for that purpose, or
(ii) if
no place has been so specified, the place at which the notifier last gave
notification under Article 6(12) of the Law; and
(b) inform
the person to whom the notification is given of the
notifier’s –
(i) name, and any
other names used by the notifier, and
(ii) home
address,
as currently notified under Article 6 of the Law.
3 Departure
notification
(1) The information
prescribed for the purpose of Article 8(2)(c) of the Law is –
(a) the
identity of any carrier that the notifier will use to leave Jersey;
(b) the
accommodation that the notifier will use for the first night outside Jersey;
(c) if
the notifier will travel to more than one country outside Jersey –
(i) the point of
arrival in each such additional country,
(ii) the
identity of any carrier that the notifier will use to arrive at each such
point, and
(iii) if
the notifier’s second night outside Jersey will be spent in such an
additional country, the accommodation that the notifier will use for that
night; and
(d) if
the notifier will return to Jersey, the date of the journey returning to
Jersey, the point of arrival, and the identity of any carrier that the notifier
will use for that journey.
(2) The notifier must give
the departure notification not less than 7 days before the date on which
the notifier will leave Jersey.
(3) Paragraph (4)
applies, instead of paragraph (2), if –
(a) the
notifier has an exceptional need to leave Jersey urgently;
(b) the
notifier was not aware of, and could not reasonably be expected to have been
aware of that need 7 days before the date on which the notifier leaves
Jersey; and
(c) that
need has not been caused, whether wholly or partly and whether by the notifier
or by any other person, with a view to avoiding the application of paragraph (2).
(4) If this paragraph
applies, the notifier must give the departure notification as soon as is
reasonably practicable after becoming aware of the need to leave Jersey, but
not less than 24 hours before the time at which the notifier will leave
Jersey.
(5) In any criminal or
other proceedings, if a notifier relies on paragraph (4), it is for the
notifier to prove that that paragraph applies.
4 Supplementary
departure notification
(1) In this
Article –
“relevant time” means 24 hours before the time at
which the notifier will leave Jersey;
“remaining information” means any of the information prescribed
by Article 3(1) which the notifier did not hold on last giving a departure
notification.
(2) If a notifier gives a
departure notification at a time when the notifier does not hold all of the
information prescribed by Article 3(1), the notifier must give a
supplementary departure notification –
(a) in
accordance paragraph (3) or (4);
(b) in
either case no later than the relevant time; and
(c) including
details sufficient to identify and locate the previous notification.
(3) If the notifier holds all
of the remaining information before the relevant time, the supplementary
departure notification must –
(a) be
given as soon as is reasonably practicable after the notifier first holds all
of the remaining information; and
(b) disclose
all of that information.
(4) If the notifier does
not hold all of the remaining information before the relevant time, the
supplementary departure notification must –
(a) be
given as soon as is reasonably practicable after the notifier first becomes
aware that he or she will not hold all of the remaining information before the
relevant time;
(b) disclose
as much of the remaining information as the notifier holds or will hold at the
relevant time; and
(c) disclose
the reason why the notifier does not hold or will not hold all of the remaining
information at the relevant time.
5 Return
notification
(1) A return notification must
disclose the date and point of arrival in Jersey and the identity of any
carrier used for the return journey.
(2) A return notification must
be given before the end of the day following the day the notifier returns to
Jersey.
(3) There is to be
disregarded when determining the period mentioned in paragraph (2) any day
during any part of which the notifier –
(a) is in
custody on remand;
(b) is
serving a sentence of imprisonment or youth detention; or
(c) is in
hospital.
(4) Paragraph (3) and
Articles 2(3)(a)(i) and (ii) do not apply to a return notification if an
authorized officer attends, to receive the notification, the place where the
person is detained or is in hospital.
6 Transitional
provision
(1) If a notifier leaves
Jersey within 14 days after the 21st November 2011, the requirement to
give a departure notification does not apply to that departure.
(2) If a notifier returns
to Jersey, having left Jersey before the 21st November 2011 or within
14 days after the 21st November 2011, the requirement to give a return notification
applies to that return subject to the exception that –
(a) Article 5(2)
does not apply;
(b) the
return notification must instead be given within 14 days after the day the
notifier returns to Jersey; and
(c) Articles 5(3)
and (4) apply in relation to the period mentioned in sub-paragraph (b).
7 Citation
This Order may be cited as the Sex Offenders (Travel Notification
Requirements) (Jersey) Order 2011.