Criminal Justice (Life Sentences) (Jersey) Law 201- (P.113/2014(Amd))

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A decision made 10 July 2014:

Decision Reference: MD-C-2014-0130
Decision Summary Title:	Draft Criminal Justice (Life Sentences) (Jersey) Law 201- AMENDMENT		Date of Decision Summary:	10th July 2014
Decision Summary Author:	Project & Research Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Draft Criminal Justice (Life Sentences) (Jersey) Law 201- AMENDMENT		Date of Written Report:	10th July 2014
Written Report Author:	Senior Legal Adviser		Written Report : Public or Exempt?	Public
Subject: Draft Criminal Justice (Life Sentences) (Jersey) Law 201- AMENDMENT
Decision(s): The Chief Minister approved an amendment to P.113/2014 Draft Criminal Justice (Life Sentences) (Jersey) Law 201-.
Reason(s) for Decision: The purpose of the amendment is to remedy a potential ambiguity in Articles 22 and 23 of the draft Law. The draft Article 22 as presently worded is a re-enactment of Article 14 of the Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005 which provided that nothing in the 2005 Law should restrict the application of any law relating to previous convictions, bail or a guilty plea. Similarly the draft Article 23 as presently worded replicates Article 18 of the 2005 Law under which nothing was to be taken to prevent or limit the application of the 2005 Law to a person who committed an offence before that Law came into force. It needs to be clear beyond any doubt that the requirement upon the Court under Article 14 of the draft Law, to order a minimum period of imprisonment in respect of an offence where the Court has sentenced an offender to a discretionary life sentence, applies irrespective of when the offence was committed, and irrespective of when the offender was charged with the offence. The re-enactment of the wording of Articles 14 and 18 of the 2005 Law, arguably, does not make that position clear. In order that it is absolutely clear, the effect of the amendment in relation to both draft Articles is that they would read as follows – “22 Law not to restrict application of other laws Nothing in this Law restricts the application of any law relating to previous convictions. 23 Transitional provision – application to offences committed before this Law comes into force Nothing is to be taken to prevent or limit the application of this Law to a person who commits an offence before the date that this Law comes into force or to a person who, having been charged with an offence (regardless of the plea entered), has not been sentenced before that date.”
Resource Implications: There are no financial or manpower implications arising from this decision.
Action required: The Greffier of the States is requested to arrange for the amendment to the Draft Criminal Justice (Life Sentences) (Jersey) Law 201- to be lodged ‘au Greffe’, as soon as possible. The Chief Minister also requested that the Greffier waive the minimum lodging period for the amendment, so that it can be discussed when the States Assembly sits on 14th July 2014.
Signature:		Position: Chief Minister of Jersey
Date Signed:		Date of Decision: