This is a
translation of the
Loi (1937) sur l’atténuation des peines et sur la mise en liberté surveillée
(Chapter 08.020)
as in force on 1 January
2019
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an
accurate translation of the French text. Accordingly, no liability is accepted
for any loss arising from its use.
LAW (1937) ON REMISSION OF PUNISHMENTS AND ON SUPERVISED
RELEASE
A LAW on remission
of punishments and on supervised release
1
(1) The
word “Court”, in this Law, includes the Royal Court (Inferior
Number and Superior Number) and the Magistrate’s Court, each within the
limits of its jurisdiction.
(2) The
word “delegate”, in this Law, means a person nominated under
Article 7, or appointed under Article 3(4).
2
(1)
Whenever the Court has found that an accused has committed an offence of any
sort, but is of the opinion that the accused, having regard to all the
circumstances of the case, including the nature of the offence committed, his
or her previous convictions and background, should not be sentenced to a
particular punishment, or should be provisionally released, it may –
(a) release
the accused, or otherwise discharge him or her from the proceedings; or
(b) order
the provisional release of the accused, on condition that he or she enters into
a written undertaking, with or without security or sureties, to be of good behaviour in the future and to appear before the Court to
receive sentence whenever required to do so during such period, not exceeding 3
years, as the judgment shall specify.
(2)
Notwithstanding paragraph (1), in case of a sentence by the Court under Article
2 of the Criminal Justice (Community Service Orders) (Jersey) Law 2001,
the Court may also order the release under supervision of the accused under
both that paragraph and Article 3 of this Law.
3
(1) The
judgment of the Court granting provisional release under this Law may be made
on the express condition that the accused undertakes in writing, with or
without security or sureties, to submit to one or more of the following
conditions, namely –
(a) to
be under the supervision of the delegate appointed in the judgment of the Court
during the period specified in the judgment;
(b) to
observe such other conditions as the Court shall deem necessary for securing
such supervision;
(c) to
observe such additional conditions with respect to residence and generally such
other conditions as the Court may deem necessary with a view to the
rehabilitation of the accused.
(2) The
Court shall cause to be delivered to the accused a notice in writing setting
out the conditions imposed.
(3) Save
in the case mentioned in paragraph (4) the delegate appointed by the Court for
the purposes of paragraph (1)(a) of this Article shall be one of the persons
nominated under Article 7 of this Law.
(4) The
Court, if the special circumstances of the case so permit, may appoint as
delegate such other person as it may think fit.
(5) When
the circumstances of the case so permit, a woman shall be preferred to act as
delegate to supervise the liberty of a person of the female sex.
(6) The
Court, before arriving at a definite finding on the facts, may order a delegate
to make preliminary enquiries about the accused and report to the Court.
4
It shall be the duty of the delegate –
(a) to
visit and to receive visits from the accused under the delegate’s
supervision whenever and at such times as the delegate shall judge fit; subject
to any orders that emanate from the Court;
(b) to
see that the accused observes the conditions of his or her undertaking;
(c) to
inform the Centenier seized of the case in accordance with Article 5; and
(d) generally to advise and help the accused, and to assist him
or her to find suitable employment.
5
(1)
Whenever the delegate is of the opinion that there is
reason for the Court to reconsider the conditions of the provisional release of
the accused, the delegate shall give notice thereof in writing (giving at the
same time in writing his or her reasons for such assessment) to the Attorney
General, where the supervised release was ordered by the Royal Court, or the
Centenier seized of the case, where the supervised release was ordered by any
other court, and the Attorney General may or the Centenier seized of the case
shall, as the case may be, present the accused before the court which ordered
the accused’s supervised release, in order that the facts recorded in the
said written notice may be adjudicated upon.
(2)
The sureties, if any, of the accused shall be summoned at the instance of His
Majesty’s Attorney General or of the
Centenier seized of the case, as the case may be, to appear in Court to
hear the finding of the Court.
(3) The
Court shall hear both the delegate and the accused and, after having, in
addition, heard the conclusions of His Majesty’s Attorney General or the
observations of the Centenier
seized of the case, as the case may be, may –
(a) if
it is of opinion that it would be expedient to do so, extend or shorten the
duration of the undertaking of the accused, vary the conditions of the
undertaking or add supplementary conditions thereto:
Provided that the duration shall in no case exceed three
years from the date of the original order of the Court; or
(b) if
it is of opinion that the conduct of the accused is such as to make it no
longer necessary that his or her liberty be supervised, discharge the accused,
and his or her sureties, if any, from their respective undertaking; or
(c) if
it is of opinion that the accused has failed to observe the terms or conditions
of his or her undertaking or any one of them, condemn the accused to undergo
the punishment and penalties appropriate to the offence with which the accused
was charged when the accused was released subject to supervision, and which he
or she was found to have committed.
(4)
In the case of an accused referred to in paragraph (2) of Article 2 of this
Law, when the Court exercises its powers under paragraph (3) of this Article,
it may also exercise its powers under Article 6(1) or Article 7(4) or Article
8(5), as the case may be, of the Criminal Justice (Community Service Orders)
(Jersey) Law 2001.
(5) His
Majesty’s Attorney General or the Centenier seized of the case, as the
case may be, may order the arrest of the accused, if he or she considers that
this step is necessary in order to ensure the appearance of the accused in
Court, for the purposes of this Article.
6
The Court –
(a) if
the delegate appointed by its judgment under Article 3(1) dies;
or
(b) if
the delegate becomes, for any reason, unable to discharge the duties which were
entrusted to the delegate by the Court; or
(c) if it
is of opinion that for any reason it is desirable that another delegate should
be appointed in the place of the delegate appointed by the judgment of the
Court,
may, at any time, appoint a new delegate to supervise the
liberty of the accused.
7
(1) The States shall vote
annually out of their General Revenues a sufficient sum to meet the costs of
putting this Law into effect, including the salaries of the delegates.
(2) The Royal Court fully assembled[1] (the
Magistrate and the Attorney General being invited to attend) shall nominate one
or more persons to act as “Delegates” for the purposes –
(a) of
this Law; and
(b) of
any other Law or Regulation or statutory provision conferring duties and
functions on a delegate nominated under this Article.
(3) A delegate shall take oath
before the Royal Court well and faithfully to discharge the duties of his or
her office.
(4) A delegate shall rank as a
States’ employee within the meaning of Article 1 of the Employment of
States of Jersey Employees (Jersey) Law 2005.
(5) Notwithstanding that he or she
is an employee of the States, a delegate may not be suspended from his or her
employment other than by the Bailiff and may not be dismissed from his or her
employment other than by a decision of the Superior Number of the Royal Court.
(6) None of the following,
namely –
(a) the
Executive Director;
(b) the
Employment Council of the States;
(c) a
Minister;
(d) a
person acting for any of the above,
may direct in
any way the carrying out of the duties of a delegate.
8
It shall be
lawful for the States to make Regulations from time to time, which shall remain
in force until repealed or amended, for putting this Law into operation.
9
This Law does
not derogate in any way from the rights, privileges, prerogatives
and discretions of the Attorney General in criminal or correctional matters.
[1] la Cour Royale assemblée
en Corps – effectively the Superior Number of the Royal
Court