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Criminal Justice (Compensation Orders) (Amendment No. 3) (Jersey) Law 201-

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.

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  • 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 December 2016:

MINISTERIAL DECISION REFERENCE: MD-C-2016-0131

DECISION SUMMARY TITLE: Criminal Justice (Compensation Orders) (Amendment No.3) (Jersey) Law 201-

DECISION SUMMARY AUTHOR:

Policy Officer, Community and Constitutional Affairs

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

REPORT TITLE: Criminal Justice (Compensation Orders) (Amendment No.3) (Jersey) Law 201-

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Senior Legal Adviser, Law Officers’ Department

IS THE REPORT PUBLIC OR EXEMPT  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

DECISION AND REASON FOR THE DECISION:

 

Further to the advice of the Legislation Advisory Panel, the Chief Minister approved for lodging ‘au Greffe’ the Criminal Justice (Compensation Orders) (Amendment No.3) (Jersey) Law 201-

 

This Draft Law, should it be adopted by the States Assembly, would ensure that the maximum amount that the Magistrate’s Court or Youth Court could award under a Compensation Order in respect of any one offence corresponds with their maximum fining jurisdiction, which is now £10,000.

 

RESOURCE IMPLICATIONS:

 

None as a consequence of this Ministerial Decision.

 

ACTION REQUIRED:

 

The Policy Officer will inform the Greffier of the States of this Ministerial Decision and request that the Draft Law be lodged ‘au Greffe’ for debate by the States Assembly at the earliest opportunity.

 

SIGNATURE:

 

 

 

POSITION:

 

Senator Ian Gorst

Chief Minister

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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