Prison (Amendment No. 6) (Jersey) Law 2007

A LAW to amend further the Prison (Jersey) Law 1957

Adopted by the States                                                    2nd May 2007

Sanctioned by Order of Her Majesty in Council    10th October 2007

Registered by the Royal Court                                26th October 2007

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

1        Interpretation

In this Law, “principal Law” means the Prison (Jersey) Law 1957[1].

2        Article 12 repealed

Article 12 of the principal Law shall be repealed.

3        Articles 13A , 13B  and 13C inserted

After Article 13 of the principal Law there shall be inserted the following Articles –

“13A Power to test persons detained in the prison for controlled drugs

(1)     The Governor may issue an authorization empowering any prison officer, at the prison, to require any person who is detained in the prison to provide a sample of urine for the purpose of ascertaining whether the person has any controlled drug in his or her body.

(2)     An authorization under paragraph (1) may further empower any prison officer, at the prison, to require a person who is detained in the prison to provide a sample of any other description specified in the authorization, not being an intimate sample, whether instead of or in addition to a sample of urine.

(3)     An authorization under paragraph (1) shall be in writing.

(4)     In this Article –

‘controlled drug’ has the meaning given in Article 3 of the Misuse of Drugs (Jersey) Law 1978[2];

‘intimate sample’ has the meaning given in Article 1(1) of the Police Procedures and Criminal Evidence (Jersey) Law 2003[3].

13B   Power to test persons detained in the prison for alcohol

(1)     The Governor may issue an authorization empowering any prison officer, at the prison, to require any person who is detained in the prison to provide a sample of breath for the purpose of ascertaining whether the person has alcohol in his or her body.

(2)     An authorization under paragraph (1) may further empower any prison officer, at the prison, to require a person who is detained in the prison –

(a)     to provide a sample of urine, whether instead of or in addition to a sample of breath; and

(b)     to provide a sample of any other description specified in the authorization, not being an intimate sample, whether instead of or in addition to a sample of breath, a sample of urine or both.

(3)     An authorization under paragraph (1) shall be in writing.

(4)     In this Article, ‘intimate sample’ has the meaning given in Article 1(1) of the Police Procedures and Criminal Evidence (Jersey) Law 2003.

13C   Powers of search by authorized employees  

(1)     An authorized employee at the prison shall have the power to search any person detained in the prison for the purpose of ascertaining whether the person has any unauthorized property on his or her person.

(2)     An authorized employee searching a person detained in the prison by virtue of this Article –

(a)     shall not be entitled to require a person to remove any of his or her clothing other than an outer coat, jacket, headgear, gloves and footwear;

(b)     may use reasonable force where necessary; and

(c)     may seize and detain any unauthorized property found on the person in the course of the search.

(3)     The Governor –

(a)     may authorize employees for the purposes of paragraphs (1) and (2); and

(b)     shall take such steps as he or she considers appropriate to notify to persons detained who are detained in the prison of the employees who are for the time being so authorized.

(4)     In this Article –

‘employee’ means a person, other than a prison officer, who is employed within the prison, under the Employment of States of Jersey Employees (Jersey) Law 2005[4];

‘unauthorized property’, in relation to a person, means property which he or she is not authorized by Rules made under Article 29 or by the Governor, to have in his or her possession or, as the case may be, in his or her possession in a particular part of the prison.”.

4        Article 29 amended

(1)     In Article 29 of the principal Law, after paragraph (1) there shall be inserted the following paragraphs –

“(1A) Without prejudice to the generality of paragraph (1), Rules made under this Article may include provision for any person detained in the prison to be required to be measured, photographed, have his or her fingerprints taken and have such other measurements taken so as to provide biometrical information about the person.

(1B)   Where Rules make provision for any of the matters described in paragraph (1A) they shall also make provision –

(a)     as to the manner in which any requirement under paragraph (1A) is to be imposed;

(b)     requiring the keeping and destruction of a record of any information obtained; and

(c)     requiring a record of any information obtained to be kept confidential unless its release is authorized by the Rules, either subject to or without conditions.

(1C)   Without prejudice to the generality of paragraph (1), Rules made under this Article may include provision as to the manner in which any power conferred by Article 13A, 13B or 13C is to be exercised.”.

(2)     In Article 29 of the principal Law, after paragraph (7) there shall be added the following paragraph –

“(8)    In this Article –

‘biometric information’ means data about an individual’s external characteristics, including, in particular, the features of an iris or of any other part of the eye;

‘fingerprints’ shall have the meaning given in Article 1(1) of the Police Procedures and Criminal Evidence (Jersey) Law 2003.

5        Citation and commencement

This Law may be cited as the Prison (Amendment No. 6) (Jersey) Law 2007 and shall come into force on such day or days as the States by Act appoint.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 23.775

[2]                                    chapter 08.680

[3]                                    chapter 23.750

[4]                                    chapter 16.325


Page Last Updated: 04 Jun 2015