Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Amendment) (Jersey) Law 201-: Lodged 'au Greffe'

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 28 June 2013:

Decision Reference: MD-C-2013-0048
Decision Summary Title :	Draft Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Amendment) (Jersey) Law 201-		Date of Decision Summary:	27th June 2013
Decision Summary Author:	Project and Research Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Draft Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Amendment) (Jersey) Law 201-		Date of Written Report:	27th June 2013
Written Report Author:	Senior Legal Adviser		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Draft Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Amendment) (Jersey) Law 201-
Decision(s): The Chief Minister, on the recommendation of the Legislation Advisory Panel, agreed to lodge ‘au Greffe’ the draft Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Amendment) (Jersey) Law 201- for States debate at the earliest opportunity.
Reason(s) for Decision: The purpose of this law is to amend The Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005, pursuant to the Royal Court’s recommendation in the case of The Attorney General v. Damien David Rzeszowski [2012] JRC198, so as to make provision for a court to order a minimum period of imprisonment where it has exercised its discretion to sentence an offender to life imprisonment. Currently the principal Law makes provision for the court to order a minimum period only where the law requires it to impose a sentence of life imprisonment. The purpose of this Law is to amend the 2005 Law accordingly; and to require a court that sentences an offender to a discretionary life sentence to order, in relation to the offender, a minimum period of imprisonment in respect of the offence or offences concerned.
Resource Implications: There are no resource implications for the States.
Action required: The Greffier of the States to be requested to lodge ‘au Greffe’ the draft Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Amendment) (Jersey) Law 201- for States debate at the earliest opportunity.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):