Prison (Jersey) Law
1957[1]
A LAW relating to the administration
of the Prison, to provide for the establishment and administration of
institutions for young offenders, and to provide for matters incidental thereto[2]
Commencement
[see endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“attendance centre”
means a centre provided under Article 27(1)(b);
“attendance centre order”
has the meaning given by Article 1(1) of the Criminal Justice (Young Offenders) (Jersey)
Law 1994[3];
“Governor” means the
person employed under the Employment of States of Jersey Employees (Jersey) Law
2005[4] as the Governor for the
purposes of this Law;
“Minister” means the Minister for Home Affairs;
“prison” or “the prison” means –
(a) the States of Jersey Prison
at La Moye;
(b) any other prison which
may be built;
(c) any building or part of
a building designated to be a prison under Article 19(2); and
(d) any young offender
institution;[5]
“prisoner” includes
a person sentenced to youth detention;
“prison officer”
means a person employed under the Employment of States of Jersey Employees
(Jersey) Law 2005[6] as a prison officer for the
purposes of this Law;
“young offender institution”
means an institution provided under Article 27(1)(a); and
“youth detention” has
the meaning given by Article 1(1) of the Criminal Justice (Young Offenders) (Jersey)
Law 1994.[7]
(2) 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 Article 2(1) of the Criminal Justice (Compensation Orders) (Jersey)
Law 1994[8].[9]
(3) 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.[10]
(4) For
the purposes of this Law, the maintenance of a prisoner shall include all
necessary expenses incurred in respect of the prisoner for food, clothing,
custody and removal from one place to another, from the period of the
prisoner’s committal to prison until the prisoner’s discharge from,
or death in, prison.
2 [11]
3 General
duties of Minister
(1) The
Minister shall have the general administration and superintendence of the
prison and shall make the contracts, other than contracts of employment, and do
the other acts necessary for the maintenance of the prison and the maintenance
of prisoners.[12]
(2) The
Minister shall from time to time visit the prison and examine the state of
buildings, the conduct of officers, the treatment and conduct of prisoners and
all other matters concerning the management of the prison, and shall ensure
that the provisions of this Law and of any Rules made under this Law are duly
complied with.
(3) The
Minister may at any time visit the prison or any part thereof, and any
prisoner.
4 Annual
report of Minister
(1) The
Minister shall each year, present to the States a report on the prison for the
preceding calendar year.[13]
(2) The
report shall contain –
(a) a
statement of the accommodation at the prison and the daily average and highest
number of prisoners confined therein;
(b) particulars
of the work done by prisoners in the prison;
(c) a
statement of the punishments inflicted in the prison and of the offences for
which they were inflicted.[14]
5 Right
of Lieutenant-Governor, Bailiff and Viscount to visit prison
(1) The
Lieutenant-Governor and the Bailiff may at any time visit the prison or any part
thereof, and any prisoner, and enter in the visitors’ book, to be kept by
the governor of the prison, any observations on the condition of the prison or
on any abuses.
(2) The
governor of the prison shall bring any entry in the visitors’ book to the
attention of the Minister and to the Board of Visitors at their next visit.
(3) The
Viscount may at any time visit the prison or any part thereof, and any
prisoner, whenever it is necessary for the Viscount to do so in the discharge
of the duties of his or her office.
6 Board
of Visitors
(1) The
States shall make Regulations providing for the constitution of a Board of
Visitors consisting of Jurats of the Royal Court, appointed by the Superior
Number of the Royal Court at such times, in such manner and for such periods as
may be prescribed by the Regulations.
(2) Regulations
made as aforesaid shall prescribe the functions of the Board of Visitors and
shall among other things require members to pay frequent visits to the prison
and hear any complaints which may be made by the prisoners and report to the
States any matter which it considers it expedient to report.
(3) Any
member of the Board of Visitors may at any time visit the prison or any part thereof,
and any prisoner.
7 Chaplain and medical
officer[15]
The Minister for Home Affairs shall appoint for the
prison –
(a) a
chaplain who is a clergyman of the Church of England; and
(b) a
medical officer who shall be a doctor.
7A Powers
of prison officers[16]
Every prison officer while acting as such shall have all the powers,
authority, protection and privileges of a member of the States of Jersey Police
Force.
8 Prison
ministers
(1) The
Minister may allow a minister of religion of any denomination other than Church
of England to visit prisoners of the minister’s denomination.
(2) No
prisoner shall be visited against the prisoner’s will by such a minister
of religion as is mentioned in paragraph (1), but every prisoner not
belonging to the Church of England shall be allowed, in accordance with the
arrangements in force in the prison, to attend chapel or to be visited by the
chaplain.
(3) The
governor of the prison shall on the reception of each prisoner record the
religious denomination to which the prisoner declares himself or herself to
belong, and shall give to any minister who under this Article is allowed to
visit prisoners therein a list of the prisoners who have declared themselves to
belong to the minister’s denomination; and the minister shall not be
allowed to visit any other prisoners.
9 Legal
custody of prisoners
(1) Every
prisoner shall be deemed to be in the legal custody of the governor of the
prison.
(2) A
prisoner shall be deemed to be in legal custody while he or she is confined in,
or is being taken to or from, the prison or any prison outside Jersey, and
while the prisoner is working, or is for any other reason, outside the prison
in the custody or under the control of an officer of the prison and while the
prisoner is being taken to or from any place to which he or she is required or
authorized by or under this Law to be taken, or is kept in custody in pursuance
of any such requirement or authorization.[17]
10 Cells
(1) No
cell shall be used for the confinement of a prisoner unless it is certified by
the medical officer of the prison that its size, lighting, heating, ventilation
and fittings are adequate for health and that it allows the prisoner to
communicate at any time with a prison officer.[18]
(2) A
certificate given under this Article in respect of any cell may limit the
period for which a prisoner may be separately confined in the cell and the
number of hours a day during which a prisoner may be employed therein.
(3) The
certificate shall identify the cell to which it relates by a number or mark and
the cell shall be marked by that number or mark placed in a conspicuous
position; and if the number or mark is changed without the consent of the
medical officer of the prison the certificate shall cease to have effect. [19]
(4) The
medical officer of the prison may withdraw a certificate given under this Article
in respect of any cell if in his or her opinion the conditions of the cell are
no longer as stated in the certificate. [20]
(5) Special
cells may be provided for the temporary confinement of refractory or violent
prisoners. [21]
11 Separation of
male and female prisoners
Separate buildings or parts of a building shall be used in the
prison for male prisoners and for female prisoners respectively so as to
prevent the one from seeing or communicating with the other.[22]
12 [23]
13 Painful tests
The medical officer of the prison shall not apply any painful test
to a prisoner for the purpose of detecting malingering or for any other purpose
except with the permission of the Minister.
13A Power to test
persons detained in the prison for controlled drugs[24]
(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[25];
“intimate sample” has the meaning given in
Article 1(1) of the Police Procedures and Criminal Evidence (Jersey) Law
2003[26].
13B Power to test
persons detained in the prison for alcohol[27]
(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[28]
(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[29];
“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.
14 Removal of
prisoners for judicial and other purposes
The Bailiff may –
(a) if the
Bailiff is satisfied that the attendance at any place in Jersey of a person
detained in the prison is desirable in the interests of justice or for the
purposes of any public inquiry, direct the person detained to be taken to that
place;
(b) if the
Bailiff is satisfied that a person so detained requires medical investigation
or observation or medical or surgical treatment of any description, direct the person
detained to be taken to a hospital or other suitable place for the purpose of
the investigation, observation or treatment,
and where any person is directed under this Article to be taken to
any place the person shall, unless the Bailiff otherwise directs, be kept in
custody while being so taken, while at that place, and while being taken back
to the prison.[30]
15 Power of police
officer to act outside the police officer’s jurisdiction
For the purposes of taking a person to or from the prison under the order
of any authority competent to give the order, an officer of police, whether
honorary or paid, may act outside the area of the officer’s jurisdiction
and shall, notwithstanding that the officer is so acting, have all the powers,
authority, protection and privileges of his or her office.
16 Calculation of
term of sentence
(1) In
any sentence of imprisonment, the word “month”
shall, unless the contrary is expressed, be construed as meaning calendar
month.
(2) A
prisoner who but for this paragraph would be discharged on a Saturday, a
Sunday, Christmas Day, Good Friday, or any day appointed to be observed as a
public holiday under Article 2 of the Public
Holidays and Bank Holidays (Jersey) Law 1951[31], shall be discharged on the
day next preceding.[32]
17 Remission for
good conduct and release on licence of persons sentenced to terms of
imprisonment
(1) Rules
made under Article 29 may make provision whereby, in such circumstances as
may be prescribed by the Rules, a person serving a sentence of imprisonment or
youth detention for such a term as may be so prescribed may be granted
remission of such part of that sentence as may be so prescribed on the ground
of the person’s industry and good conduct, and on the discharge of a person
from prison or a young offender institution in pursuance of any such remission
as aforesaid the person’s sentence shall expire.[33]
(2) If
it appears to the Minister that a person serving a sentence of imprisonment was
under the age of 21 years at the commencement of his or her sentence, the
Minister may direct that instead of being granted remission of his or her
sentence under the Rules the person shall, at any time on or after the day on
which the person could have been discharged if the remission had been granted,
be released on licence under the following provisions of this Article.
(3) A person
released on licence under this Article shall until the expiration of the person’s
sentence be under the supervision of such person as may be specified in the
licence and shall comply with such other requirements as may be so specified:
Provided that the Minister may at any time modify or cancel any such
requirements.
(4) If
before the expiration of the person’s sentence the Minister is satisfied
that a person released as aforesaid has failed to comply with any requirement
for the time being specified in the licence, the Minister may by order recall the
person to the prison; and thereupon he or she shall be liable to be detained in
prison until the expiration of his or her sentence and, if at large, shall be
deemed to be unlawfully at large.
(5) The
Minister may release on licence a person detained in a prison under paragraph (4)
at any time before the expiration of the person’s sentence; and paragraphs (3)
and (4) shall apply in the case of a person released under this paragraph as
they apply in the case of a person released under paragraph (2).
(6) Where
the unexpired part of the sentence of a person released under paragraph (2)
is less than 6 months, paragraphs (3) to (5) shall apply to the person
subject to the following modifications –
(a) the
period for which the person is under supervision under paragraph (3) and
is liable to recall under paragraph (4) shall be a period of 6 months from
the date of his or her release under paragraph (2);
(b) if the
person is recalled under paragraph (4), the period for which he or she may
be detained thereunder shall be whichever is the shorter of the following, that
is to say –
(i) the remainder of
the said period of 6 months, or
(ii) the part of the person’s
sentence which was unexpired on the date of his or her release under paragraph (2),
reduced by any time during which the person has been so detained since that
date,
and the person may be released on licence under paragraph (5)
at any time before the expiration of that period.
(7) For
the purposes of this Article, a person committed to prison or a young offender
institution in default of payment of a sum adjudged to be paid by a conviction
shall be treated as undergoing a sentence of imprisonment or youth detention
for the term for which the person is committed, and consecutive terms of
imprisonment or youth detention shall be treated as one term of a period equal
to the aggregate of the consecutive terms.[34]
18 Power of Bailiff
to discharge prisoners temporarily on account of ill-health
(1) If
the Bailiff is satisfied that by reason of the condition of a prisoner’s
health it is undesirable to detain the prisoner in prison, but that, such
condition of health being due in whole or in part to the prisoner’s own
conduct in prison, it is desirable that his or her release should be temporary
and conditional only, the Bailiff may, if he or she thinks fit, having regard
to all the circumstances of the case, by order authorize the temporary
discharge of the prisoner for such period and subject to such conditions as may
be stated in the order.
(2) Where
an order of temporary discharge is made in the case of a prisoner not under
sentence, the order shall contain conditions requiring the attendance of the
prisoner at any further proceedings on his or her case at which the
prisoner’s presence may be required.
(3) Any
prisoner discharged under this Article shall comply with any conditions stated
in the order of temporary discharge, and shall return to prison at the
expiration of the period stated in the order, or of such extended period as may
be fixed by any subsequent order of the Bailiff, and, if the prisoner fails so
to comply or return, the prisoner may be arrested and taken back to prison.
(4) Where
a prisoner under sentence is discharged in pursuance of an order of temporary
discharge, the currency of the sentence shall be suspended from the day on
which he or she is discharged from prison under the order to the day on which
he or she is received back into prison, so that the former day shall be
reckoned and the latter shall not be reckoned as part of the sentence.
(5) Nothing
in this Article shall affect the duties of the medical officer of the prison in
respect of a prisoner whom the Bailiff does not think fit to discharge under
this Article.
19 Alteration,
etc. of prison
(1) The
States may alter, enlarge, rebuild or close the prison and build any new
prison.
(2) Where
the Minister considers it is necessary for a temporary period to house
prisoners in accommodation other than the prison, the Minister may designate
any building or part of a building to be a prison.[35]
(3) Where
the Minister considers that the circumstances which gave rise to a designation
under paragraph (2) no longer apply, the Minister shall revoke such
designation.[36]
(4) Where
more than one prison is provided, there shall be a governor, a chaplain and a
medical officer for each prison and where a prison is provided for the
reception of women only, the governor of that prison shall be a woman.
(5) Paragraph
(4) does not apply to a young offender institution established under Article 27.[37]
20 Prison breaking[38]
Any person who, by the use of force, escapes from the prison or
other lawful custody shall be guilty of an offence and shall be liable to
imprisonment for a term not exceeding 7 years.
21 Escape from
prison[39]
Any person who, without force, escapes from the prison, or other
lawful custody, shall be guilty of an offence and shall be liable to a fine, or
to imprisonment for a term not exceeding 2 years, or both.
22 Assisting
prisoner to escape
Any person who aids any prisoner in escaping or attempting to escape
from the prison or who, with intent to facilitate the escape of any prisoner,
conveys any thing into the prison or to a prisoner or places any thing anywhere
outside the prison with a view to its coming into the possession of a prisoner,
shall be guilty of an offence and liable to a fine or to imprisonment for a
term not exceeding 2 years, or both. [40]
23 Harbouring of
escaped prisoner[41]
(1) Any
person who knowingly harbours a person who has escaped from the prison or other
lawful custody or who, having been sentenced in any other part of the British
Islands to imprisonment or detention, is otherwise unlawfully at large, or
gives to any such person any assistance with intent to prevent, hinder or
interfere with him or her being taken into custody, shall be guilty of an
offence and shall be liable to a fine, or to imprisonment for a term not
exceeding 2 years, or both.[42]
(2) For
the purposes of this Article, the expression “imprisonment or
detention” means imprisonment, 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 Jersey.[43]
24 Unlawful
conveyance of spirits or tobacco into prison
Any person who contrary to Rules made under Article 29 brings
or attempts to bring into the prison or to a prisoner any spirituous or
fermented liquor or tobacco, or places any such liquor or any tobacco anywhere
outside the prison with intent that it shall come into the possession of a
prisoner, and any officer who contrary to those Rules allows any such liquor or
any tobacco to be sold or used in the prison, shall be guilty of an offence and
liable to a fine not exceeding level 2 on the standard scale or to imprisonment
for a term not exceeding 6 months, or both.[44]
25 Unlawful
introduction of other articles
Any person who contrary to Rules made under Article 29 conveys
or attempts to convey any letter or any other thing into or out of the prison
or to a prisoner or places it anywhere outside the prison with intent that it
shall come into the possession of a prisoner shall, where the person is not
guilty of an offence under Article 22 or 24, be liable to a fine not
exceeding level 2 on the standard scale.[45]
26 Display of notice
of penalties
The Minister shall cause to be affixed in a conspicuous place
outside the prison a notice of the penalties to which persons committing
offences under Articles 20, 21, 22, 23, 24 and 25 are liable.[46]
27 Power to provide young offender
institutions and attendance centres[47]
(1) The
Minister may provide –
(a) young offender
institutions where offenders aged not less than 15 but under 21, 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 10 but under 21 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 paragraph (1)(b), the Minister may make arrangements with
any other Minister for the use of premises which that other Minister
administers.
28 Transfer from young offender
institution to prison[48]
Where an offender has been sentenced to a term of youth detention
and either –
(a) the
offender has attained the age of 21; or
(b) the
offender has been reported to the Minister 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 Minister may substitute for the unexpired part of the term of his
or her 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 or
she had been sentenced to imprisonment for that term.
29 Rules for the
management of the prison and other institutions[49]
(1) Subject
to the provisions of paragraph (6), the Minister may make Rules for the regulation
and management of the prison, and attendance centres respectively, and for the
classification, treatment, employment, discipline and control of persons
required to be detained therein.[50]
(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.[51]
(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.[52]
(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.[53]
(2) Rules
made under this Article shall make provision for ensuring that a person who is
charged with any offence under the Rules shall be given a proper opportunity of
presenting the person’s case.
(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.[54]
(4) Rules
made under this Article shall provide for the special treatment of any person
detained in the prison, not being a person serving a sentence or a person
imprisoned or sentenced to youth detention in default of payment of a sum
adjudged to be paid by a conviction.[55]
(5) Rules
made under this Article may provide for the temporary release of persons
detained in the prison, not being persons committed in custody for trial before
the Royal Court or committed to be sentenced or otherwise dealt with by that
Court or remanded in custody by any court.[56]
(6) The
Subordinate Legislation (Jersey)
Law 1960[57] shall apply to Rules made
under this Article.[58]
(7) 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.[59]
30 Persons
unlawfully at large
(1) Any
person who, having been sentenced to imprisonment, or youth detention, or
having been committed to the prison, is unlawfully at large, may be arrested by
any officer of police, whether honorary or paid, and taken to the prison.[60]
(2) Where
any person sentenced to imprisonment, or youth detention, is unlawfully at
large at any time during the period for which he or she is liable to be
detained in pursuance of the sentence then, unless the Minister otherwise
directs, no account shall be taken, in calculating the period for which the person
is liable to be so detained, of any time during which he or she is absent from
the prison.[61]
(3) The
provisions of paragraph (2) shall apply to a person who is detained in
custody in default of payment of any sum of money as if he or she were
sentenced to imprisonment or youth detention.[62]
(4) For
the purposes of this Article a person who, after being temporarily released in
pursuance of Rules made under Article 29(5), is at large at any time
during the period for which the person is liable to be detained in pursuance of
his or her sentence shall be deemed to be unlawfully at large if the period for
which he or she was temporarily released has expired or if an order recalling the
person has been made by the Minister in pursuance of the Rules.
31 Expenses[63]
32 Citation
This Law may be cited as the Prison (Jersey) Law 1957.