Jersey Law 7/1994

 

PRISON (AMENDMENT No. 3) (JERSEY) LAW 1994

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A LAW   to amend further the Prison (Jersey) Law 1957, sanctioned by Order of Her Majesty in Council of the

 

15th day of march 1994

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(Registered on the 22nd day of April 1994)

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STATES OF JERSEY

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The 12th day of October 1993

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

ARTICLE 1

For paragraph (1) of Article 1 of the Prison (Jersey) Law 1957, as amended1 (hereinafter called “the principal Law”), there shall be substituted the following paragraphs –

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

‘attendance centre’ means a centre provided under sub-paragraph (b) of paragraph (1) of Article 25A of this Law;

‘attendance centre order’ has the meaning given by paragraph (1) of Article 1 of the Criminal Justice (Young Offenders) (Jersey) Law 1994;2

‘prison’ or ‘the prison’ means the States of Jersey Prison at La Moye and any other prison which may be built and any young offender institution;

‘prisoner’ includes a person sentenced to youth detention;

‘young offender institution’ means an institution provided under sub-paragraph (a) of paragraph (1) of Article 25A of this Law; and

‘youth detention’ has the meaning given by paragraph (1) of Article 1 of the Criminal Justice (Young Offenders) (Jersey) Law 1994.3

(1A)      A reference in this Law to a sum adjudged to be paid by a conviction includes a sum payable under a compensation order made under paragraph (1) of Article 2 of the Criminal Justice (Compensation Orders) (Jersey) Law 1994.4

(1B)       A reference in this Law to an enactment, including an enactment of the United Kingdom, is a reference to that enactment as amended from time to time, and includes a reference to that enactment as applied or extended by or under any other enactment, including any other provision of that enactment.”.

ARTICLE 2

Article 15 of the principal Law5 shall be repealed.

ARTICLE 3

After paragraph (2) of Article 21 of the principal Law6 there shall be inserted the following paragraph –

“(3)        Paragraph (2) of this Article does not apply to a young offender institution established under Article 25A of this Law.”.

ARTICLE 4

In Article 22B of the principal Law7 for the words “a crime and liable to imprisonment for a term not exceeding two years” there shall be substituted the words “an offence and liable to a fine or to imprisonment for a term not exceeding two years, or both”.

ARTICLE 5

In Article 23 of the principal Law8 for the words from “liable to” to the end of the Article there shall be substituted the words “guilty of an offence and liable to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding six months, or both”.

ARTICLE 6

In Article 24 of the principal Law9 for the words “one hundred” there shall be substituted the words “five hundred”.

ARTICLE 7

For Article 25A of the principal Law9 there shall be substituted the following Article –

“ARTICLE 25A

Power to provide young offender institutions and attendance centres

(1)          The Prison Board may provide –

(a)     young offender institutions where offenders aged not less than fifteen but under twenty-one, sentenced to a term of youth detention may be detained in conditions suitable to persons of their ages and descriptions;

(b)     attendance centres where male persons aged not less than ten but under twenty-one may be ordered to attend in pursuance of an attendance centre order, and there be given appropriate occupation or instruction under supervision.

(2)          For the purposes 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 8

For Article 25B of the principal Law10 there shall be substituted the following Article –

“ARTICLE 25B

Transfer from young offender institution to Prison

Where an offender has been sentenced to a term of youth detention and either –

(a)     he has attained the age of twenty-one; or

(b)     he has been reported to the Prison Board by the Board of Visitors as exercising a bad influence on the other persons detained in the young offender institution, or as behaving in a disruptive manner to the detriment of those other persons,

the Prison Board may substitute for the unexpired part of the term of his sentence a term of imprisonment not exceeding the unexpired part, and for the purposes of this Law that person shall then be treated as though he had been sentenced to imprisonment for that term.”.

ARTICLE 9

Articles 25C and 25D of the principal Law11 shall be repealed.

ARTICLE 10

The provisions of the principal Law set out in the first column of the Schedule to this Law shall be amended in the manner set out opposite thereto in the second column.

ARTICLE 11

This Law may be cited as the Prison (Amendment No. 3) (Jersey) Law 1994 and shall come into force on such day as the States may by Act appoint.

 

G.H.C. COPPOCK

 

Greffier of the States.


SCHEDULE

(Article 10)

Minor amendments

 

Provision in principal Law

Amendment

Article 7(2)12

Substitute “Medical Practitioners Registration (Jersey) Law 196013” for “‘Loi (1939) sur l’exercise de la médicine et la chirurgie dans cette Ile’”.

Article 18(2)14

Delete “, as amended,”.

Article 19(1)14

(a)

Insert “or youth detention” after “sentence of imprisonment”; and

 

(b)

Insert “or a young offender institution” after “from prison”.

Article 19(7)15

(a)

Insert “or a young offender institution” after “to prison”; and

 

(b)

Insert “or youth detention” after “imprisonment” in both places where it occurs.

Article 2216

Substitute “an offence” for “a crime”.

Article 22A16

Substitute “an offence” for “a crime”.

Article 22C(1)17

Substitute “an offence” for “a crime”.

Article 22C(2)18

Substitute “custody for life, youth custody, detention in a detention centre or young offenders institution or detention under any equivalent sentence passed by a court in the British Islands outside the Island” for “borstal training or detention in a detention centre”.

Article 26(1)19

Delete “, the young offenders’ centre”.

Article 26(3) 20

for paragraph (3) substitute the following paragraph –

 

“(3) Rules made under this Article shall provide for the treatment of prisoners awaiting transfer under section 26, 27 or 28 of the Criminal Justice Act 1961 of the United Kingdom.”.

Article 26(4)20

(a)

Insert “or sentenced to youth detention” after “a person imprisoned”; and

 

(b)

Substitute “a” for “him on his”.

Article 26(5)20

Delete “or the young offenders’ centre”.

Article 27(1) and (2)20

Substitute “youth detention” for “Borstal training”.

Article 27(3)20

Insert “or youth detention” after “imprisonment”.

 



1        Tome VIII, page 657.

2        Volume 1994–199, page 35.

3        Volume 1994–199, page 37.

4        Volume 1994–199, page 16.

5        Tome VIII, page 662.

6        Tome VIII, page 667.

7        Tome VIII, page 667.

8        Tome VIII, page 668.

9        Tome VIII, page 669.

10      Tome VIII, page 669.

11      Tome VIII, pages 670 and 671.

12      Tome VIII, page 660.

13      Tome VIII, pages 829, and Volume 1992–1993, pages 267, 268, 269 and 270.

14      Tome VIII, page 664.

15      Tome VIII, page 666.

16      Tome VIII, page 667.

17      Tome VIII, page 668.

18      Tome VIII, page 668.

19      Tome VIII, page 671.

20      Tome VIII, page 692.


Page Last Updated: 27 Apr 2016