Draft Criminal Offences (Jersey) Law 200.

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A decision made (12/01/2007) regarding: Draft Criminal Offences (Jersey) Law 200-.

Subject:	Draft Criminal Offences (Jersey) Law 200-
Decision Reference:	MD-C-2007-0001		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Draft Criminal Offences (Jersey) Law 200-
Written report – Author (name and job title)	Ben Griffiths, Research and Project Officer
Decision(s): To approve a draft law, entitled the draft Criminal Offences (Jersey) Law 200-. The purpose of this draft Law is to clarify and codify the law relating to subsidiary offences (where the offender is not the principle actor or the offence is incomplete) and to remove an antiquated distinction between crimes and délits. Specifically:- 1) to abolish the distinction between crimes and délits; 2) to clarify the law relating to attempt; 3) to codify the law relating to conspiracy and incitement; 4) to codify the law on aiding, abetting, counselling or procuring the commission of an offence; 5) to codify the law on criminal liability of persons whose consent connivance or negligence is responsible for offences committed by bodies corporate or by limited liability partnerships.
Reason(s) for decision: The existing law relating to these offences is potentially unclear. The draft legislation would remove this lack of clarity and avoid situations where customary law could come into conflict with statutory law. Furthermore, this legislation relates to some of the most basic principles of criminal law in Jersey. It is considered an important step forward in clarifying and codifying the law. This is especially important with respect to removing uncertainty over the ability to charge persons with attempt, conspiracy and incitement when they are concomitant with statutory offences.
Action required: BG to arrange with the States Greffe for the draft law to be lodged ‘au Greffe’ for consideration by the States on 27th February 2007.
Signature:		Date of Decision: 12 January 2007