(Amendment No. 7) (Jersey) Law 2017
A LAW to amend further the Public
Elections (Jersey) Law 2002
Adopted by the
States 18th January 2017
Order of Her Majesty in Council 12th April 2017
Registered by the
Royal Court 21st
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
In this Law a reference to an Article by number
only is a reference to the Article of the same number in the Public Elections
(Jersey) Law 2002.
2 Article 4
substituted and Article 4A inserted
For Article 4 there shall be substituted the following Articles –
of certain offenders
(1) A convicted person, during the time that he
or she is –
(a) detained in a prison or other penal
institution in pursuance of a sentence of imprisonment for a period exceeding
4 years; or
(b) unlawfully at large when he or she would
otherwise be so detained in pursuance of a sentence of imprisonment for any
is legally incapable of
voting at a public election.
(2) For the purposes of this Article –
(a) ‘convicted person’ means any
person found guilty in Jersey or elsewhere of an offence (whether under the law
of Jersey or another place), including a person found guilty by a court-martial
or other court or tribunal applying any law applicable to armed services;
(b) a person detained for default in complying
with his or her sentence shall not be treated as detained in pursuance of the
sentence, whether or not the sentence provided for detention in the event of
(c) a person detained by virtue of a conditional
pardon in respect of an offence shall be treated as detained in pursuance of
his or her sentence for the offence; and
(d) it does not matter whether the person has
been convicted or sentenced before or after this Article comes into force.
by prisoners not disqualified under Article 4
(1) This Article applies to persons who –
(a) are detained (whether following conviction
or otherwise) in a prison or other penal institution; and
(b) are not disqualified under Article 4.
(2) A person to whom this Article applies may
vote in a public election only –
(a) by postal vote, in accordance with
Part 7; or
(b) pursuant to measures taken by an Autorisé or Adjoint
under Article 35.”.
3 Article 5
At the end of Article 5 there shall be added the following
“(3) For the purposes of paragraph (1)(c) –
(a) a person is not to be treated as ordinarily
resident in Jersey if the person becomes resident in Jersey only in pursuance
of a sentence of imprisonment; and
(b) in relation to any person who, before being
detained in a prison or other penal institution pursuant to a sentence of
imprisonment, was not entitled to have his or her name included on the
electoral registers, the calculation of a period of ordinary residence shall
not include any period during which the person is so detained.”.
4 Article 35
the heading to Article 35 there shall be substituted the following heading –
“Measures to assist voting by certain
persons who are ill, disabled etc.”.
Article 35(1) there shall be substituted the following paragraph –
“(1) In the case of a person who
(a) entitled to vote; but
(b) prevented from voting by reason that he or
she is ill, disabled, illiterate or in custody,
or an Adjoint may take such measures as he or
she considers appropriate for taking the person’s vote on the day the
poll is open, provided secrecy in voting is maintained.”.
5 Article 38
In Article 38, after the words “Every voter” there
shall be inserted the following words “, except a person entitled to vote
only by virtue of Article 4A,”.
6 Article 39
In Article 39, for paragraphs (a) and (b) there shall be
substituted the following paragraphs –
“(a) the person is likely to be
out of Jersey during the hours of polling;
(b) the person is, or will on the day of a poll
for a public election be, detained in a prison or other penal institution and
entitled to vote in that election only by virtue of Article 4A; or
(c) the person’s name and address are
omitted from the electoral register under Article 9.”.
7 Article 42
In Article 42(11), for the words “ill, disabled,
illiterate or remanded in custody” there shall be substituted the words
“ill, disabled or illiterate”.
8 Article 43
In Article 43, after paragraph (3) there shall be added
the following paragraph –
“(4) Where the Judicial Greffier
receives an application after any closing time notified to the public under Article 40(3)(a),
the Judicial Greffier may, if he or she considers there are exceptional
circumstances which justify doing so, accept the application and treat it as
properly made for the purposes of this Part.”.
This Law may be cited as the Public Elections (Amendment No. 7)
(Jersey) Law 2017 and shall come into force 7 days after the day on
which it is registered.
Deputy Greffier of the States