Criminal Justice (Miscellaneous Provisions) (No. 3) (Jersey) Law 2012

A LAW to amend the Loi (1895) modifiant le droit criminel, the Protection of Children (Jersey) Law 1994, the Criminal Justice (Evidence and Procedure) (Jersey) Law 1998 and the Police Procedures and Criminal Evidence (Jersey) Law 2003; and for other purposes

Adopted by the States                                             17th January 2012

Sanctioned by Order of Her Majesty in Council       14th March 2012

Registered by the Royal Court                                  23rd March 2012

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

1        Amendment of Loi (1895) modifiant le droit criminel

(1)     The second paragraph of Article 2 of the Loi (1895) modifiant le droit criminel[1] is repealed.

(2)     Article 3 of that Law is repealed.

(3)     The repeal of Article 3 of that Law by paragraph (2) shall not have effect in relation to any trial that began before that paragraph came into force.

2        Amendment of Protection of Children (Jersey) Law 1994

After Article 2 of the Protection of Children (Jersey) Law 1994[2] the following Article shall be inserted –

“2A   Evidence of age

In proceedings under this Law relating to any indecent photograph of a child a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that he or she was then under the age of 16 years.”.

3        Amendment of Criminal Justice (Evidence and Procedure) (Jersey) Law 1998

(1)     In the long title to the Criminal Justice (Evidence and Procedure) (Jersey) Law 1998[3] for the words “and for connected purposes” the words “and for other purposes” shall be substituted.

(2)     In Part 6 of that Law before Article 15 the following Articles shall be inserted –

“14A Evidence through television links

(1)     A witness other than the accused may, with the leave of the court, give evidence through a live television link in any proceedings for an offence, or in any proceedings on an appeal arising from such proceedings, if the witness is outside Jersey.

(2)     A statement made on oath by a witness outside Jersey and given in evidence through a link by virtue of this Article shall be treated for the purposes of the law relating to perjury as having been made in the proceedings in which it is given in evidence.

14B   Abolition of requirement for warning about uncorroborated evidence

(1)     Any requirement that the Bailiff, in a trial before the Royal Court for an offence, give, merely for the reason set out in paragraph (2), a warning to the jury or the Jurats about convicting the accused on the uncorroborated evidence of a person is hereby abrogated.

(2)     The reason is that the person is –

(a)     an alleged accomplice of the accused;

(b)     a child; or

(c)     in a case where the offence charged is a sexual offence, the person in respect of whom the accused is alleged to have committed the offence.

(3)     Any requirement that –

(a)     is applicable at the trial of a person before the Magistrate; and

(b)     corresponds to the requirement mentioned in paragraph (1),

is hereby abrogated.

(4)     An abrogation by paragraph (1) or (3) shall not have effect in relation to –

(a)     any trial before the Royal Court or the Magistrate; or

(b)     any proceedings before the Magistrate under Article 19 of the Loi (1864) réglant la procédure criminelle[4],

being a trial or proceedings that began before this Article came into force.”.

4        Amendment of Police Procedures and Criminal Evidence (Jersey) Law 2003

Article 98 of the Police Procedures and Criminal Evidence (Jersey) Law 2003[5] is repealed.

5        Citation and commencement

(1)     This Law may be cited as the Criminal Justice (Miscellaneous Provisions) (No. 3) (Jersey) Law 2012.

(2)     This Law shall come into force on the seventh day after registration.

l.-m. hart

Assistant Greffier of the States

 


 



[1]                                    chapter 08.540

[2]                                    chapter 08.790

[3]                                    chapter 08.240

[4]                                    chapter 08.740

[5]                                    chapter 23.750


Page Last Updated: 27 Apr 2016