Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005: Amendment: Law Drafting Instructions

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A decision made 28 January 2013 regarding:

Decision Reference: MD-C-2013-0002
Decision Summary Title :	Instructions to Law Draftsman to draft amendment to the Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005		Date of Decision Summary:	25th January 2013
Decision Summary Author:	Project & 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 :	Instructions to Law Draftsman to draft amendment to the Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005		Date of Written Report:	25th January 2013
Written Report Author:	Project & Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Instructions to Law Draftsman to draft amendment to the Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005
Decision(s): The Chief Minister instructed the Law Draftsman to draft an amendment to the Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005, to rectify the lacuna which meant the Royal Court had no power to fix a minimum term to be served in the way that it could in relation to mandatory life terms.
Reason(s) for Decision: In its meeting of 6th December 2012 The Legislation Advisory Panel considered a letter addressed to H.M. Attorney General by the Bailiff concerning minimum terms for discretionary life sentences. With reference to the recent case of Attorney General v. Rzeszowski, it was noted that whilst the Royal Court had been of the view that a life sentence would have been the appropriate sentence, it had transpired however that the Court had no power to fix a minimum term to be served in the way that it could in relation to mandatory life terms pursuant to the Criminal Justice (Mandatory Minimum Periods of Actual Imprisonment) (Jersey) Law 2005. The Advisory Panel recognised that the Court had therefore been advised by H.M. Solicitor General that there would be unacceptable consequences in the event that it were to impose a life sentence with only a recommendation as to a minimum term rather than an order. Having noted that there appeared to be a lacuna in the 2005 Law, the Bailiff had asked for the matter to be referred to the relevant Minister with a view to the Law being amended so as to include power in the Court to order a minimum term in the case of discretionary life terms.
Resource Implications: There are no financial or manpower implications beyond that which is already set aside by the Law Draftsman for the drafting of legislation.
Action required: The Chief Minister’s Department shall inform the Law Draftsman of the Chief Minister’s decision
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):