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Part 3  7

A LAW to amend the Police Procedures and Criminal Evidence (Jersey) Law 2003 in relation to children and young people in police detention following the refusal of bail by a Centenier, and to amend the Children (Jersey) Law 2002 for connected purposes.

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

“child” has the meaning given in Article 1(1) of the Young Offenders Law;

“Young Offenders Law” means the Criminal Justice (Young Offenders) (Jersey) Law 2014;

“young person” has the meaning given in Article 1(1) of the Young Offenders Law;

36A   Appropriate place of detention for children or young people kept in police detention

(1)     This Article applies if a Centenier authorises that a child or young person charged with an offence is to be kept in police detention under Article 36(3).

(2)     The Centenier must, pending the child’s or young person’s attendance before the relevant court, ensure that the child or young person is transferred to an appropriate place of detention as soon as practicable.

(3)     An appropriate place of detention is –

(a)     suitable accommodation provided by the Minister for Children and Families under Article 22B of the Children (Jersey) Law 2002 (“suitable accommodation”); or

(b)     secure accommodation.

(4)     Unless paragraph (5) applies, a Centenier must ensure that the child or young person is transferred to suitable accommodation.

(5)     A Centenier must not transfer a child or young person to secure accommodation instead of suitable accommodation unless 1 or more of the following conditions apply –

(a)     the Centenier has reasonable grounds for believing that detaining the child or young person in suitable accommodation would not adequately –

(i)      prevent the occurrence of any of the grounds set out in Article 36(2)(b), (c) or (e);

(ii)      protect the child or young person as required under Article 36(2)(f); or

(iii)     prevent the child or young person from injuring themselves or other people;

(b)     it is impracticable for the Centenier to transfer the child or young person to suitable accommodation;

(c)     there is no available suitable accommodation to which the child or young person may be transferred.

(6)     The Centenier must, upon the child’s or young person’s attendance before the relevant court, produce a certificate to the court certifying which of the conditions under paragraph (5) apply and –

(a)     if paragraph (5)(a) applies, the Centenier must also state in the certificate the grounds for the Centenier’s belief; or

(b)     if paragraph (5)(b) applies, the Centenier must also state in the certificate why the transfer is impracticable.

(7)     A Centenier must not authorise the continued keeping in police detention at a police station of a child or young person unless –

(a)     it is impracticable for the Centenier to transfer the child or young person to secure accommodation under paragraph (5); or

(b)     there is no available secure accommodation to which the child or young person may be transferred under paragraph (5).

(8)     The Centenier must, upon the child’s or young person’s attendance before the relevant court, produce a certificate to the court certifying which of the conditions under paragraph (7) apply and, if paragraph (7)(a) applies, the Centenier must also state in the certificate why the transfer is impracticable.

(9)     For the purpose of ensuring a child’s or young person’s transfer to an appropriate place of detention, it is lawful for a person acting on behalf of the Minister for Children and Families to carry out the transfer of that child or young person to the appropriate place of detention, and to detain them for the purpose of carrying out that transfer.

(10)   In this Article, “relevant court” means –

(a)     the Youth Court; or

(b)     if Article 26(1)(a) or (b) of the Young Offenders Law applies, the Magistrate’s Court.

(a)     paragraph (1)(a) ceases to apply to the custody officer in relation to that person; and

(4)     If a child or young person is transferred to an appropriate place of detention under Article 36A(2), paragraph (1) ceases to apply to the custody officer in relation to that child or young person.

(1)     Paragraph (2) applies if a person is charged with an offence and after being charged –

(a)     is kept in police detention under Article 36(3);

(b)     is detained in custody in prison under an Article 28A authorisation; or

(c)     in the case of a child or young person, is detained in an appropriate place of detention described in Article 36A(3).

(2)     Unless paragraph (6) applies, the person must be brought before the Court as soon as practicable and, in any event, within the period of 48 hours beginning with the time when they were charged with the offence.

(3)     Christmas Day, Good Friday and Sundays are disregarded for the purpose of calculating the period specified in paragraph (2).

(4)     Paragraph (5) applies if the Court is not due to sit within the period specified in paragraph (2).

(5)     The custody officer must inform the Judicial Greffier that there is a person to whom paragraph (2) applies, and the Judicial Greffier must arrange for the Court to sit within the period specified in paragraph (2).

(6)     A person who is in hospital is not required to be brought before the Court if they are not well enough.

(7)     In this Article, “Court” means the Magistrate’s Court or the Youth Court.

“child” means a person who has not attained the age of 18 years, subject to –

(a)     the definition “child” in Articles 1A, 22A and 22B; and

(b)     paragraph 13 of Schedule 1;

“police detention” has the meaning given in Article 2(1) (meaning of police detention) of the Police Procedures Law;

“Police Procedures Law” means the Police Procedures and Criminal Evidence (Jersey) Law 2003;

“relevant court” has the meaning given in Article 36A(10) (appropriate place of detention for children or young people kept in police detention) of the Police Procedures Law;

“young person” has the meaning given in Article 1(1) of the Young Offenders Law.

(c)     a child or young person who is required to be detained in custody on remand or following sentence under the Young Offenders Law, if the place of custody is –

(i)      secure accommodation; or

(ii)      a young offender institution or the prison, within the meaning given to those terms in Article 1(1) of the Young Offenders Law; or

(d)     a child or young person provided with accommodation by the Minister for a continuous period of more than 24 hours in the exercise of the Minister’s powers under Article 22A(2) or 22B.

(2)     In paragraph (1)(c) and (d), “child” has the meaning given in Article 1(1) of the Young Offenders Law.

(A1)  This Article does not apply to a child or young person described in Article 1A(1)(c) or (d).

22A   Secure accommodation for children or young people in police detention, on remand or following sentence

(1)     The Minister may provide secure accommodation for a child or young person who, in accordance with the Young Offenders Law, is required to be detained –

(a)     in custody on remand in secure accommodation; or

(b)     in custody in secure accommodation following the passing of a sentence.

(2)     The Minister may provide secure accommodation for a child or young person who, pending their attendance before the relevant court, is charged with an offence and is to be kept in police detention under Article 36(3) of the Police Procedures Law.

(3)     In this Article, “child” has the meaning given in Article 1(1) of the Young Offenders Law.

22B   Provision of suitable accommodation for children or young people kept in police detention

(1)     This Article applies to a child or young person who, pending their attendance before the relevant court, is charged with an offence and is to be kept in police detention under Article 36(3) of the Police Procedures Law.

(2)     The Minister may provide, for the child or young person, accommodation that –

(a)     is not secure accommodation; but

(b)     is suitable for the purpose of accommodating that child or young person.

(3)     In this Article, “child” has the meaning given in Article 1(1) of the Young Offenders Law.