Community and Constitutional Affairs Department - News Release

Tuesday 25 July 14:09

Consultation on Criminal Justice Procedure Law

The Department for Community and Constitutional Affairs is asking for Islanders’ views on a new Criminal Procedure Law.

The public consultation, which will remain open until 15 September 2017, can be accessed online:

www.gov.je/Government/Consultations/Pages/criminalprocedure.aspx

The purpose of the consultation is to invite comments on the draft Criminal Procedure (Jersey) Law 201- before it is submitted to the States of Jersey for debate. It seeks views on whether the legislation is appropriate and proportionate as a framework for criminal justice process and procedure in Jersey.

The criminal justice system may affect everybody at some point in their lives, whether as a person suspected of committing an offence, a victim, a witness to a crime or a member of a jury. It is therefore important that any changes to legislation take into account a wide range of views and experience.

The Department would like to hear from:

  • Members of the public;
  • Legal professionals;
  • Public bodies delivering criminal justice services;
  • Victim and witness organisations.

The laws that currently govern procedures in Jersey’s criminal courts are in need of replacement and modernisation. The main area of concern is the Loi (1864) Réglant la Procedure Criminelle. Written in French, this is still the principal piece of legislation governing the conduct of criminal proceedings but it was written for a different era of criminal justice.

While there are many criminal procedure practices that are worthy of preservation, the antiquated nature of the existing legislation presents a number of challenges to the delivery of justice in the 21st century and is a barrier to the modernisation of the criminal justice system as a whole.

The Minister for Home Affairs, Deputy Kristina Moore, said: “The proposed new legal framework for the Island’s criminal proceedings would ensure that cases are dealt with justly. Jersey’s criminal procedures should uphold and respect the rights of defendants, while also safeguarding the wellbeing of victims and witnesses. All those involved in the criminal justice system must be able to participate effectively in criminal proceedings that are efficiently conducted.”

-ends-

Notes to editors

For further information, please contact Sam Le Quesne on (01534) 440429.

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