Loi (201-) (Amendment No. 2) sur l'attenuation des peines et sur la mise en liberté surveillée

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 March 2012:

Decision Reference: MD-C-2012-0028
Decision Summary Title :	Probation Law: Amendment		Date of Decision Summary:	1st March 2012
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 :	Loi (201-) (Amendement No. 2) sur l’atténuation des peines et sur la mise en liberté surveillée (“the Probation Law”)		Date of Written Report:	1st March 2012
Written Report Author:	Law Officers’ Department		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Loi (201-) (Amendement No. 2) sur l’atténuation des peines et sur la mise en liberté surveillée (“the Probation Law”) – Lodging ‘au Greffe’.
Decision(s): The Chief Minister, acting on the recommendation of the Legislation Advisory Panel, agreed to lodge ‘au Greffe’ the Loi (201-) (Amendement No. 2) sur l’atténuation des peines et sur la mise en liberté surveillée (“the Probation Law”) for debate at the earliest opportunity.
Reason(s) for Decision: This draft Law amends the Loi (1937) sur l'atténuation des peines et sur la mise en liberté surveillée (“the Probation Law”). The proposed amendment is essentially a tidying-up exercise, to clarify that the appointment by the Royal Court of probation officers takes effect not only for the purposes of the Probation Law, but also for the purposes of any other enactment that confers powers on a probation officer. The Legislation Advisory Panel, having considered the matter at its meeting on 23rd February 2012, approved the draft Loi and decided to recommend to the Chief Minister that the Projet de Loi should proceed to lodging ‘au Greffe’.
Resource Implications: There are no resource implications.
Action required: The Greffier of the States is requested to arrange for the draft Loi and accompanying report to be lodged ‘au Greffe’ for debate at the earliest opportunity.
Signature:		Position: Senator I.J. Gorst Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Loi (201-) (Amendment No. 2) sur l'attenuation des peines et sur la mise en liberte surveillee

Report

This draft Law amends the Loi (1937) sur l'atténuation des peines et sur la mise en liberté surveillée (“the Probation Law”), Article 7(2) of which, translated, provides that:

“(2) The Superior Number of the Royal Court (the Magistrate and the Attorney General having been invited to attend) shall appoint one or more persons to act as Probation Officers (“Délégués) for the purposes of this Law.”

It was true in 1937 that probation officers were appointed for the purposes only of the Probation Law. Today, however, they exercise a variety of statutory functions above and beyond those laid down in the Probation Law. The following Laws have also gone on to confer certain powers and duties on probation officers viz –

the Criminal Justice (Young Offenders) (Jersey) Law 1994,
the Children (Jersey) Law 2002,
the Child Abduction and Custody (Jersey) Law 2005,
the Sex Offenders (Jersey) Law 2010.

Reference is made to probation officers also in the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998.
Hence the reference in Article 7(2) to Probation Officers being appointed “for the purposes of this Law” is not strictly correct and is in need of revision. The purpose of this draft Law, therefore, is simply to effect that revision by replacing Article 7(2) with the following provision (again in translation):

(a) of this Law;

(b) of any other Law or Regulations or other legislative provision conferring powers on a probation officer appointed under this Article.”.

Financial and Manpower Implications

There are no financial or resource implications for the States arising from the adoption of this draft Law.

European Convention on Human Rights

Article 16 of the Human Rights (Jersey) Law 2000 requires the Minister in charge of a Projet de Loi to make a statement about the compatibility of the provisions of the Projet with the Convention rights (as defined by Article 1 of the Law). On 6th March 2012 the Chief Minister made the following statement before Second Reading of this Projet in the States Assembly –

In the view of the Chief Minister the provisions of the Draft Loi (201-) (Amendement No. 2) sur l’atténuation des peines et sur la mise en liberté surveillée are compatible with the Convention Rights.