Criminal Justice (Compensation Orders) (Amendment No. 2) (Jersey) Law 201-

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A decision made on 13 June 2014:

Decision Reference: MD-C-2014-0104
Decision Summary Title:	Lodging of the Draft Criminal Justice (Compensation Orders) (Amendment No. 2) (Jersey) Law 201-		Date of Decision Summary:	13th June 2014
Decision Summary Author:	Project & Research Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Criminal Justice (Compensation Orders) (Amendment No. 2) (Jersey) Law 201-		Date of Written Report:	20th May 2014
Written Report Author:	Senior Legal Adviser		Written Report : Public or Exempt?	Public
Subject: Lodging of the Draft Criminal Justice (Compensation Orders) (Amendment No. 2) (Jersey) Law 201-
Decision(s): The Chief Minister agreed to lodge ‘au Greffe’ the Draft Criminal Justice (Compensation Orders) (Amendment No. 2) (Jersey) Law 201- for debate by the States at the earliest opportunity.
Reason(s) for Decision: The Legislation Advisory Panel has considered the Criminal Justice (Compensation Orders) (Jersey) Law 1994 (the Law), which empowers Jersey’s criminal courts to order the payment of compensation by persons convicted of crime and for connected purposes. Certain deficiencies in the 1994 Law were recently brought to the attention of the Legislation Advisory Panel by H.M. Attorney General and the Amendment seeks to address the matters raised. The Legislation Advisory Panel has recommended that the maximum sentence for non-payment of a fine should be linked to the maximum jurisdiction of the Magistrate to impose imprisonment, which would therefore become 12 months instead of 6 months. The Legislation Advisory Panel has also recommended that the Law is amended to remove the limit of 12 months applicable to terms of imprisonment for non-payment of a fine imposed by the Royal Court, having concluded that the length of the sentence for non-payment could properly be left to the discretion of the Royal Court. A defendant has a right of appeal to the Court of Appeal under Article 6 of the Law and therefore is able to challenge a default sentence if he or she believes it to be excessive. In addition, the Legislation Advisory Panel has recommended that the Law is clarified regarding the power of the Court to grant an extension of time within which to pay the relevant compensation order. The draft Law contains the necessary provision to make it clear that “… the court which made the compensation order may, on the application of the [relevant] person, vary the time allowed for payment of the amount which remains to be paid, including any date by which any instalment must be paid.”
Resource Implications: There are no financial or manpower implications arising from this decision.
Action required: The Greffier of the States to be requested to arrange to lodge ‘au Greffe’ the Draft Criminal Justice (Compensation Orders) (Amendment No. 2) (Jersey) Law 201- for debate by the States at the earliest opportunity.
Signature:		Position: Deputy Chief Minister of Jersey
Date Signed:		Date of Decision: