Jersey Law 2/1981

 

PRISON (AMENDMENT No. 2) (JERSEY) LAW, 1981.

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A LAW   to amend further the Prison (Jersey) Law, 1957, to provide for the establishment and administration of institutions for young offenders, for the supervision of such persons after release and for connected purposes, and to make additional provisions in relation to the administration of the prison, sanctioned by Order of Her Majesty in Council of the

 

18th day of march, 1981.

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(Registered on the 21st day of April, 1981).

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STATES OF JERSEY.

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The 18th day of December, 1979.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council have adopted the following Law:  -

ARTICLE 1

In the long title to the Prison (Jersey) Law, 1957,1 as amended, (hereinafter referred to as “the Law”) after the word “Prison” there shall be inserted the following words –

“, to provide for the establishment and administration of institutions for young offenders,”.

ARTICLE 2

For paragraph (1) of Article 1 of the Law there shall be substituted the following paragraph –

“(1)        In this Law, unless the context otherwise requires, ‘the prison’ means the States of Jersey Prison at La Moye, in the parish of St. Brelade, and any new prison which may hereafter be built.”

ARTICLE 3

In Article 4 of the Law –

(a)    in paragraph (1) the words “not later than the eleventh day of April in” shall be deleted;

(b)    in paragraph (2) –

(i)      in sub-paragraph (b) all the words after “prison” shall be deleted;

(ii)     in sub-paragraph (c) all the words after “inflicted” in the second place where it appears shall be deleted.

ARTICLE 4

(1)           For paragraphs (3) and (4) of Article 7 of the Law there shall be substituted the following paragraphs –

“(3)   The Prison Board shall determine the ranks of officers appointed under this Article, the number of officers to be employed in each rank and, after consultation with the Establishment Committee, the appropriate scale of pay for each rank, and the purpose and amount of any allowances.

(4)     The Prison Board may by Order make provision in relation to officers appointed under this Article respecting –

(a)    holidays and leave of absence, including leave of absence by reason of sickness;

(b)    discipline and conduct in connexion with their official employment;

(c)    retirement from office and the payment of pensions and gratuities;

(d)    such other matters as may be considered necessary relating to their conditions of service:

Provided that, before making an Order respecting any of the matters dealt with in sub-paragraphs (a), (c) and (d) of this paragraph, the Board shall consult the Establishment Committee.”

(2)     Orders made under paragraph (3) of Article 7 of the Law before the coming into force of this Law shall, except for provisions prescribing ranks of officers and the number of officers employed therein, pay and allowances, remain in force until revoked by Orders made under paragraph (4) of that Article as substituted by paragraph (1) of this Article.

ARTICLE 5

In paragraph (2) of Article 10 of the Law after the words “officer of the prison” there shall be inserted the following words –

“and while he is being taken to or from any place to which he is required or authorized by or under this Law to be taken, or is kept in custody in pursuance of any such requirement or authorization.”

ARTICLE 6

In Article 11 of the Law –

(a)    in paragraphs (1), (3) and (4) for the words “Medical Officer of Health” in each place where they appear, there shall be substituted the words “the medical officer of the prison”;

(b)    in paragraph (5) for the word “shall” there shall be substituted the word “may”.

ARTICLE 7

In Article 12 of the Law for the words “the men” there shall be substituted the words “male prisoners” and for the words “the women” there shall be substituted the words “female prisoners”.

ARTICLE 8

In paragraph (2) of Article 18 of the Law for the words “a Sunday, Christmas Day or Good Friday” there shall be substituted the following words –

“a Saturday, a Sunday, Christmas Day, Good Friday, or any day appointed to be observed as a public holiday under Article 2 of the Public Holidays and Bank Holidays (Jersey) Law, 1951, as amended,”.

ARTICLE 9

(1)           In Article 23 of the Law for the word “twenty” there shall be substituted the words “one hundred”.

(2)           In Article 24 of the Law for the word “ten” there shall be substituted the words “one hundred”.

ARTICLE 10

After Article 25 of the Law there shall be inserted the following Articles –

“ARTICLE 25A

POWER TO PROVIDE YOUNG OFFENDERS’ CENTRE, AND ATTENDANCE CENTRES.

(1)           The Prison Board may provide –

(a)    a young offenders’ centre, that is to say, a place at which male persons of not less than fourteen, but under twenty-one, years of age, who are ordered to be detained there in pursuance of Article 19 of the Children (Jersey) Law, 1969, as amended, may be kept for short periods under discipline suitable to persons of their age and description;

(b)    attendance centres, that is to say, places at which male persons of not less than ten, but under twenty-one, years of age may be ordered to attend in pursuance of Article 23 of the Children (Jersey) Law, 1969, as amended, and there be given appropriate occupation or instruction under supervision.

(2)           For the purpose of sub-paragraph (b) of paragraph (1) of this Article, the Prison Board may make arrangements with any other Committee of the States for the use of premises administered by that Committee.

ARTICLE 25B

APPLICATION OF LAW TO YOUNG OFFENDERS’ CENTRE

(1)           With the exception of paragraphs (2) to (6) of Article 19, the preceding provisions of this Law shall, subject to such adaptations and modifications as the Prison Board may by Rules prescribe, apply to the young offenders’ centre provided under Article 25A of this Law and to persons detained therein as they apply to the prison and to prisoners.

(2)           References in the preceding provisons of this Law to imprisonment shall, so far as those provisions apply to the young offenders’ centre provided under Article 25A of this Law be construed as including detention in such a centre.

ARTICLE 25C

SUPERVISION AFTER RELEASE FROM YOUNG OFFENDERS’ CENTRE

(1)           A person detained in the young offenders’ centre in pursuance of an order under Article 19 of the Children (Jersey) Law, 1969, as amended, shall, after his release and until the expiration of twelve months from the date of his release, be under the supervision of such person as may be specified in a notice to be given him by the Prison Board on his release and shall, while under that supervision, comply with such requirements as may be so specified:

Provided that the Prison Board may at any time modify or cancel any of those requirements, or order that a person who is under supervision as aforesaid shall cease to be under supervision.

(2)           If before the expiration of the said period of twelve months the Prison Board is satisfied that a person under supervision under paragraph (1) of this Article has failed to comply with any requirement for the time being specified in the notice given to him under that paragraph, the Prison Board may order him to be recalled to the young offenders’ centre; and thereupon he shall be liable to be detained in the young offenders’ centre until the expiration of a period equivalent to that part of his term which was unexpired on the date of his release from the young offenders’ centre, or until the expiration of the period of fourteen days from the date of his being taken into custody under the order, whichever is the later, and, if at large, shall be deemed to be unlawfully at large:

Provided that –

(a)    a person shall not be recalled more than once under this paragraph by virtue of the same order under Article 19 of the Children (Jersey) Law, 1969, as amended; and

(b)    an order under this paragraph shall, at the expiration of the said period of twelve months, cease to have effect unless the person to whom it relates is then in custody thereunder.

(3)           The Prison Board may at any time release a person who is detained in the young offenders’ centre under paragraph (2) of this Article.

ARTICLE 25D

TRANSFERS FROM YOUNG OFFENDERS’ CENTRE TO PRISON

If a person detained in the young offenders’ centre is reported to the Prison Board by the Board of Visitors to be incorrigible, or to be exercising a bad influence on the other persons detained in the centre, the Prison Board may substitute for the unexpired part of the term for which that person is then liable to be detained in the young offenders’ centre such term of imprisonment as it may determine, not exceeding the said unexpired part, and for the purposes of this Law that person shall be treated as if he had been sentenced to imprisonment for that term.”

ARTICLE 11

(1)           In the heading to Article 26 of the Law after the word “prison” there shall be inserted the words “and other institutions” and, in paragraph (1) of that Article, after the word “prison”, there shall be inserted the words “the young offenders’ centre, and attendance centres respectively”.

(2)           For paragraphs (5), (6) and (7) of Article 26 of the Law there shall be substituted the following paragraphs –

“(5)        Rules made under this Article may provide for the temporary release of persons detained in the prison or the young offenders’ centre, not being persons committed in custody for trial before the Royal Court or committed to be sentenced or otherwise dealt with by that Court or remanded in custody by any court.

(6)          The Subordinate Legislation (Jersey) Law, 1960 shall apply to Rules made under this Article.”

ARTICLE 12

This Law may be cited as the Prison (Amendment No. 2) (Jersey) Law, 1981.

 

R.S. GRAY,

 

Deputy Greffier of the States.



1        Volume 1957 1960, page 1 and Volume 1973 1974, page 191.


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