Post Custodial Supervision: Law Drafting Instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 19 October 2021

Decision Reference: MD-HA-2021-0071
Decision Summary Title :	Instructions for Law Drafting – post custodial supervision		Date of Decision Summary:	06 October 2021
Decision Summary Author:	Head of Policy, Justice		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 :	Post-Custodial Supervision law drafting instructions		Date of Written Report:	06 October 2021
Written Report Author:	Head of Policy, Justice		Written Report: Public or Exempt? (State clauses from Code of Practice booklet)	Exempt: Article 35 Freedom of Information (Jersey) Law 2011
Subject: The treatment of adult offenders following their release from imprisonment
Decision(s): The Minister for Home Affairs instructed officers in the Department for Strategic Policy, Planning and Performance to liaise with the Principal Legislative Drafter to request the preparation of draft legislation.
Reason(s) for Decision: The current system for the treatment of offenders after they leave prison is dated and relies on voluntary arrangements. The Minister has instructed officers to prepare legislation that will enhance and modernise that system with the objectives of enhanced public protection and improved opportunities for re-integration into the community and reduced rates of reoffending.
Resource Implications: This work will be conducted by the Legislative Drafting Office and Department for Strategic Policy, Planning and Performance within their allocated resources.
Action required: Head of Policy, Justice to liaise with the Principal Legislative Drafter, Legislative Drafting Office to request that legislation be developed.
Signature:		Position: Deputy Gregory Guida Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):