Government of Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (03/11/2006) regarding Crime (Disorderly Conduct and Harassment) (Jersey) Law 200- - approval of draft legislation.

Subject:	Crime (Disorderly Conduct and Harassment) (Jersey) Law 200- - approval of draft legislation
Decision Reference:	MD-SoJP-2006-0003		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?	n/a		Report File ref:	SOJP/COS/7.2
Written report – Title	WR – Disorderly Conduct Law
Written report – Author (name and job title)	Sergeant Lee Turner, Staff Officer to Chief Officer of Police
Decision(s): The Minister approved the draft law and attached report.
Reason(s) for decision: The legislation is a vital step forwards enabling the police to remedy low-level public disorder and harassment issues, and moving towards improving the quality of life for members of society. It will also bring Jersey closer in line with UK legislation, notably the Public Order Act 1986 and the Protection of Harassment Act 1997.
Action required: Chief Officer, States of Jersey Police, to request the Greffier of the States to lodge the draft legislation for debate by the States on 16th January 2007.
Signature: (Minister/ Assistant Minister)		Date of Decision: 3 November 2006

Crime (Disorderly Conduct and Harassment) - approval of draft legislation.

REPORT

CRIME (DISORDERLY CONDUCT AND HARASSMENT) ( JERSEY ) LAW 200-

At present in Jersey, public order is primarily enforced using Common Law powers – notably arising from the offences of being Drunk and Disorderly, committing a Public Nuisance, and causing a Breach of the Peace or acting in a manner likely to cause a Breach of the Peace. Offences also exist within Statute Law – Policing of Roads, Parks and Beaches.

There are however gaps, and persons can act in a manner which is unacceptable to society, yet not unlawful under current legislation. The offence of being Drunk and Disorderly is incomplete if drunkenness cannot be proved; Public Nuisance offences require more than one person to have been effected; Breach of the Peace offences require an outbreak of violence, or imminent outbreak of such; Policing of Roads / Parks / Beaches legislation relating to public order is very limited.

Persons could therefore be insulting, abusive or threatening to individuals where no outbreak of violence is likely, and where no drunkenness is present, resulting in socially unacceptable behaviour for which the police have little or no power to deal with. Persons are also able to stalk or harass others without committing an offence if none of the previously-mentioned elements are present.

The Crime (Disorderly Conduct and Harassment) (Jersey) Law 200- will legislate against persons using threatening, abusive or insulting words or behaviour, or displaying visible representation of anything that is threatening, abusive or insulting, or engaging in disorderly behaviour if a person within hearing or sight would be liable to be caused alarm or distress by the words, representation or behaviour. This offence may be committed in public or in a private place, including a dwelling (except where the other person is also within the same dwelling). A persons commits an offence if he or she intends such actions to be disorderly, threatening, abusive or insulting, or, is aware that they may be disorderly, threatening abusive or insulting. The draft law mirrors similar provisions in the United Kingdom Public Order Act 1986.

It will also legislate against a person pursuing a course of conduct that amounts to harassment of another person where he or she knows, or ought to know, that such conduct would amount to harassment. Provision is also made for restraining orders where a person has been convicted of harassment. The provisions relating to these offences replicate those in the United Kingdom Protection of Harassment Act 1997.

There are no financial or manpower implications for the States arising from this legislation, and its provisions are compatible with the European Convention on Human rights.