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Criminal Law

Welcome to the Criminal Law section.

Bail

Following a person’s arrest It is up to the Centenier who has made the arrest to decide whether the person who has been arrested is to be: released on a warning to appear at the hearing of their case should be remanded in custody until the case is heard or can be released “on bail” […]

Compensation for Being Remanded then Acquited

How do I get compensation? Under Jersey law there is no provision for compensation for those wrongly imprisoned on remand.

Criminal Injuries Compensation Scheme

How to apply The online application is available here. This should be done as soon as possible after the injury has occurred, however an application must be made within three years of the date of the event that caused the injury. Who can apply Anyone who has suffered a personal injury can apply for compensation […]

Criminal Offences

Common Law Customary or common law originates from customs that were shaped and interpreted by rulings in the courts. These rulings established precedents that had to be followed by the courts hearing subsequent cases unless the precedents themselves were overturned by a more senior court. The practice whereby decisions were recorded and considered binding in […]

Damaged or Stolen Property

Establishing the cause It is important to find out whether the damage has been caused maliciously, through negligence or by accident, as getting some form of compensation depends on this. In cases of serious loss or damage, the police may have been called in to investigate and insurance assessors, if necessary. It is always useful […]

DBS Checks, criminal record checks

How do you apply? You can apply for a Basic DBS Check yourself on the Scottish Government website here. Basic DBS Checks show any unspent convictions within the last five years. Older convictions that are spent will not appear on the certificate. What do you need? You will need your personal details, Social Security number […]

Human Bones Found

Who do I report this to? The finder of the bones should report the matter to the States of Jersey Police. The Police will submit a report which will include a report from the pathologist. At the conclusion of the investigation, the Viscount’s Department writes to the Rector and the Constable of the Parish concerned […]

Human Rights (Jersey) Law 2000

The Human Rights Law The purpose of the Law is to include certain rights and freedoms which are guaranteed under the European Convention on Human Rights (‘the Convention rights’). The convention rights most commonly relied upon are: The right to life – Article 2  The prohibition of torture – Article 3 The prohibition of slavery […]

Jersey Royal Court Advisory Service

Jersey Family Court Advisory Service A service is available in Jersey’s Royal Court to work with children involved in non-criminal matters. One example of their role is when parents get divorced. When parents are divorcing and can’t agree about arrangements for their children, it is the Advisory Service who will put together the report for […]

Judicial Greffe

Contact Details for the Judicial Greffe The Judicial Greffe Royal Court House Royal Square St Helier JE1 1JG Tel: +44 15234 441300 Website: www.gov.je/government/nonexeclegal/judicialgreffe/Pages/index.aspx Registrar of Probate Tel: +44 1534  441300 Registrars of Family Division Tel:+44 1534  441300 Public Registry Tel: +44 1534  441316  

Judicial Review

What is a Judicial Review? In cases of mal-administration or where a client wishes to challenge the decision of a public body it may be possible to seek a Judicial review where there is no other statutory remedy, eg. a Review Board or Appeal Procedure. In Jersey, the administration of Court proceedings for a Judicial […]

Legal Advice Prior to Attending Court

 The Magistrate’s Court has a Duty Advocate scheme where, for a first appearance before the Magistrate, defendants facing certain types of offences will be given advice. This service is free of charge but you must arrive by 09.30 so that the Duty Advocate can discuss the case with you.  If you have been taken into […]

Miscellaneous Offences

Common nuisance The most obvious offence is that of a person urinating in a public place, committing a public nuisance. Statutory Offences Any person who commits a nuisance in or against any Post Office letter box commits an offence. Any person who commits a nuisance in or against any telephone box commits an offence. An […]

Newton Hearing

What is a Newton Hearing? A Newton Hearing is the name given to a hearing that takes place when a person who has been charged with an offence admits the offence but does not agree with the facts of the case. In other words, the person agrees that they committed the thing that was wrong […]

Obscenity

Offensive There is nothing the same in Jersey Law as the UK Obscene Publications Act. Publishing obscene material is therefore a common-law offence. In Carpenter v Constable of St Clement (1972) it was said: It is not disputed that: “The publication of obscene material, whether it be a book, photograph, film or any other material, […]

Prison

Administration The States of Jersey Prison Service is administered by the Prison Governor, who reports to the Minister for Home Affairs. States of Jersey Prison Service HM Prison La Moye La Rue Baal St Brelade JE3 8HQ Tel:+44 1534 441800 Prison Rules See Prison [Jersey] Rules 2007 here. Prison sentences Male offenders between 15 and […]

System of Courts and Legislature in Jersey

Lieutenant Governor The Lieutenant Governor is the personal representative of the Queen in the Island. Communication between the Crown and the Jersey Government take place through the Lieutenant Governor and their office. The Lieutenant Governor is appointed by the Crown for a period of five years.  The Governor has a certain influence but has little […]

Time Limits on Legal Action

Time Limits for a Civil Action If you wish to bring a claim against another person or company for loss you say they have caused you then you can only commence a legal action within certain limits. If you fail to commence an action within the time period allowed your claim will generally be dismissed […]

Witnesses Expenses

What happens if I don’t go to court if called as a witness? If you have been told to appear as a witness, you must turn up at the Court as directed. If you don’t, it could result in you being arrested. You might be fined for wasting the Court’s time. Can I claim expenses? […]

Witnesses Service Jersey

The Witness Service You can talk to a trained volunteer from the Witness Service before you go either to the Magistrate’s Court or the Royal Court. Volunteers cannot discuss evidence or give legal advice but they will provide a friendly face who will show you around either of the two main courthouses in the Island. […]

Wrongful or Unlawful Arrest

General States of Jersey or Honorary Police Officers may only arrest individuals if certain conditions are satisfied and if these conditions are not satisfied then the arrest may be considered unlawful. It is important to realise that a police officer has a certain amount of discretion in deciding whether or not to carry out an […]

Young People and the Law – The Jersey Youth Criminal Justice System Flowchart

The Jersey Youth Criminal Justice System Arrest Parish Hall Enquiry Caution Fine Supervision “Pitstop” Compensation Court Appearance  Social Enquiry Report Sentence Absolute discharge Binding over order Bind over drug awareness fine Attendance Centre Probation Individual counselling Offending Behaviour Group 16-21 yrs Alcohol Study Group Greenfields Centre Placement Conditions of treatment Community Service 16 years+ Youth […]
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