The Crime (Public Order) (Jersey) Law 2024 - addressing modern-day offences.

The Crime (Public Order) (Jersey) Law 2024 introduces several new statutory offences and consolidates existing ones to address public order and disorderly conduct more effectively.

Here are some key points:

1. Public Order Offences: The law includes offences such as riot, affray, threats to kill, rape, or cause serious physical injury, and threatening, abusive, or disorderly conduct
2. Offensive Weapons: It is now illegal to carry offensive weapons, including knives, in public places or on school premises without lawful authority or reasonable excuse
3. Harassment and Restraining Orders: The law provides for restraining orders and penalties for their breach, aiming to protect individuals from harassment
4. Modernization: This law updates and replaces outdated legislation, ensuring that public order offences are more aligned with contemporary standards and needs

This law aims to enhance public safety and order by more comprehensively addressing modern-day offences.  

LONG READ

If passed, this draft law will create public order offences and make various minor amendments to the criminal law.

1. Part 1 and ARTICLE 1 are interpretative, containing definitions of certain terms used in the Law. Part 2 sets out public order offences, some of which are already part of Jersey law.
2. ARTICLE 2 creates an offence of riot to replace the offence contained in the Loi (1797) sur les rassemblements tumultueux, which is repealed by this Law (ARTICLE 13(1)(a)). The offence is committed if a person present at a riot uses unlawful violence for the common purpose of the riot and intends to use violence or is aware that their conduct may be violent or threaten violence. A riot is an occasion at which 12 or more people are present and use or threaten to use violence for a common purpose that would cause a person of reasonable firmness to fear for their safety. The offence attracts a penalty of imprisonment for up to 10 years and/or a fine.
3. ARTICLE 3 creates an offence of affray to replace the customary law offence. Affray is committed if a person uses or threatens unlawful violence against another that would cause a person of reasonable firmness to fear for their personal safety. The offence carries a penalty of up to 5 years’ imprisonment and/or a fine.
4. ARTICLE 4 creates a new offence of threatening to kill, rape or cause serious physical injury intending the other person to believe it would be carried out. The offence carries a term of imprisonment for up to 10 years and/or a fine.
5. ARTICLE 5 re-enacts an existing offence of intentionally using threatening or abusive words, threatening or abusive behaviour or disorderly behaviour within the hearing or sight of another person likely to be caused alarm or distress. There is no offence if both parties are inside a dwelling. There are defences if the person proves there was no reason to believe there was anyone within hearing or sight to be caused alarm or distress, that the person was in a dwelling and had no reason to believe that the words or behaviour would be seen or heard by anyone outside, or that the conduct was reasonable. The offence carries imprisonment for up to 12 months and/or a fine of up to £10,000 (level 3 on the standard scale).
6. ARTICLE 6 reproduces the offence of harassment from the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008 which carries up to 5 years’ imprisonment and/or a fine. The ARTICLE also contains the defence to a charge, namely proving that the course of conduct concerned was pursued to prevent or detect an offence, to comply with the law or that it was reasonable.
7. ARTICLE 7 expands the provision that was previously ARTICLE 43 in the Firearms (Jersey) Law 2000 to include knives and to extend it beyond public places to schools. The offence of having an offence weapon in a public place carries a penalty of up to 5 years’ imprisonment and/or a fine and a power for the court to order forfeiture or disposal of the weapon. It is a defence for the accused to prove that they had good reason or lawful authority for having the offensive weapon in a public place. It is also a defence for the person to prove that they had the weapon for use at work, for religious reasons, as part of a national costume or, in the case of school premises, for educational purposes. An “offensive weapon” means an ARTICLE (a) made or adapted for use to cause injury to a person, or intended by the person who has it, for that use by that person or anyone else; or (b) that has a blade or is sharply pointed other than a folding pocketknife with a blade that has a cutting edge of no more than 3 inches. Part 3 contains a variety of provisions.
8. ARTICLE 8 is reproduced from existing law and enables a prosecutor to apply to a court, following a person’s conviction, to make a restraining order prohibiting the subject from engaging in conduct specified in the order. A restraining order may be imposed - in addition to another penalty if the court is satisfied it is appropriate to do so - to protect the victim of the offence, or any other Draft Crime (Public Order) (Jersey) Law 202- Explanatory Note ◊ P.97/2023 (re-issue) Page 15 person named in the order from conduct by the subject of the order that would amount to harassment, or put the victim or other person in fear of being subjected to violence.
9. ARTICLE 9 makes it an offence to breach a restraining order, carrying a penalty of up to 5 years’ imprisonment and/or a fine.
10. ARTICLE 10 enables a restraining order to be amended or revoked on the application of the Attorney General or the person against whom the order was made.
11. ARTICLE 11 gives a Centenier jurisdiction in respect of an offence under ARTICLE 5, an offence of being intoxicated at an aerodrome or the customary law offences of being drunk and disorderly, committing a breach of the peace or common assault. The Centenier may inflict and levy summarily a fine of level 1 on the standard scale (£200). Half the fine is to be paid into the Consolidated Fund and half is for the benefit of the parish in which the Centenier had jurisdiction. The offences covered by the provision may be varied by Regulations.
12. ARTICLE 12 is a standard provision about offences by bodies corporate or limited liability partnerships.
13. ARTICLE 13 repeals the Loi (1797) sur les rassemblements tumultueux and the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008 because the offences contained in those Laws are repeated in this new Law. A provision that mirrors ARTICLE 11 is inserted into the Misuse of Drugs (Jersey) Law 1978, giving a Centenier power to inflict and levy fines summarily in the case of possession of Class B and Class C drugs. There are also some minor amendments to the Firearms (Jersey) Law 2000 to remove a redundant definition and following the creation of ARTICLE 7.
14. ARTICLE 14 abolishes the customary law offence of affray. ARTICLE 15 provides for how the Law is to be cited and for it to come into force 7 days after its registration

SOURCES

https://statesassembly.gov.je/AssemblyPropositions/2023/P.97-2023%20%28re-issue%29.pdf