The policing of persons entering the Island

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WRITTEN QUESTION TO THE PRESIDENT OF THE HOME AFFAIRS COMMITTEE BY DEPUTY J.A. HILTON OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY 19th JULY 2005

Question

Would the President inform members –

1. whether the States of Jersey Police have the legal authority to stop, apprehend, refuseentry and deport if necessary, offenders arriving in the Island who have criminal records from other jurisdictions in serious crimes including drug related crime,violenceagainstwomenand children andotherviolence in general,and, if so, to what extent?
2. whether the States of Jersey Police have the legal authority to escort persons off the Island who are apprehended andwho have outstanding warrantsissuedbyU.K.,EUorIrish jurisdictions who are otherwise not collected by officials from those jurisdictions following notification?
3. whether the Committee will review, in liaison with otherStatesCommittees as appropriate, legal provisions to control whomay, and whomay not, enter the Island legally andseekresidenceandemployment?and,
4. whether the Committee will enter into discussions with the appropriate authorities on our sister Channel Island, Guernsey, in relation to the implementation of lawin connection with (c) aboveinorder to explore how both Islands might work together?

Answer

1. The States of Jersey Police have nopowers to restrict entry to the Island to persons who are arriving from within theCommonTravel Area on the grounds that they have a criminal record,or to refuse entry,orto arrest, detain, orimpede the movementofany person on the grounds that they appear tobewanted for an offence inanother jurisdiction, or are subject to any warrantorother court order requesting their arrest.

I m migration officers may refuse leave to enter to immigration offenders who arrive from abroad, (not the

Common Travel Area), and return them abroad. The Lieutenant Governor may order the deportation of a person, who is not a British National, on the recommendation of the Court, and having taken into account all relevant factors, including any previous criminal record.

2. The States of Jersey Police do not have the legal authority to escort persons off the Island who are apprehended andwho have outstanding warrantsissuedbyU.K.,EUorIrish jurisdictions who are otherwise not collected by officials from those jurisdictions, as they have no power to arrest persons wanted for offences inother jurisdictions. In thecaseof persons wantedonwarrantin other jurisdictions there is still no power of arrest until that warrant is backed' in Jersey.

A  s stated in the previous written answer to the Deputy 's question on 21st June 2005, legislation on the

backing' of English warrants in Jersey is specific in respect of those warrants that can be backed. (Indictable Offences Act 1848, s 13, as amended by the Courts Act 1971, Schedule 8).

W arrants can normally be backed in Jersey in the following cases –

 W  arrant of arrest of the accused on failure to appear before a Magistrate's Court.

W a r rant of commitment in default of payment of a sum adjudged to be paid by a conviction or order of

a Magistrate's Court.

 W  arrant of commitment in default of payment of a sum payable in forfeiture of recognizance.  W  arrant of arrest of a witness on failure to appear before a Magistrate's Court.

 W  arrant of arrest issued by a court having jurisdiction in bankruptcy.

W arrants cannot be backed in the under mentioned cases –

W  ar rants of arrest of the accused on failure to surrender to bail before a Magistrate's Court (with the

exception that one can normally be backed if the offence is indictable).

W arrants of arrest for breach of a probation or community service order.

W a r rant of arrest on the commission of a further offence by a person in whose case a probation order or

order of conditional discharge has been made.

L e gislation in respect of the backing of warrants (Republic of Ireland and Jersey) Order 1965 is again specific

–

W here a warrant for the arrest of a person accused or convicted of –

a n indictable offence;

a n offence punishable on summary conviction within six months of imprisonment, and

a n a p p lication for endorsement of the warrant is made to the Bailiff by a police officer who produces a

warrant and swears on oath that he has reason to believe the person named or described therein to be within the Bailiwick.

H  owever, where a person is accused of an offence, not being an indictable offence but an offence which on

summary conviction is punishable by six months' imprisonment, a warrant shall not be endorsed unless the person has previously failed to answer to a summons, or has failed to appear in answer to bail.

3. The Migration policy, whichwas adopted by the States in June 2005, states at section 3(c) –

E nsuring the rights of free movement of people

A ll B r itish citizens and certain Commonwealth citizens have the right of abode in Jersey and are free to

live in and come and go into and from Jersey without let or hindrance, except as may be required under the Immigration Act or as otherwise may be lawfully imposed on any person. Also, all nationals of other E.E.A. Member States (E.U. member States plus Iceland, Norway and Liechtenstein), do not need leave to enter or remain in Jersey – if they do so in circumstances in which they would be entitled to enter or remain in the U.K.

If a n e w migration policy and regulation systems were to amount to control over these rights, it would be

inconsistent with the law, as presently in force. Control of immigration at the point of entry could not be introduced for British, certain Commonwealth and E.E.A. nationals without change to existing international law, which would be extremely difficult and would require the agreement of all affected parties.

In s h o rt, the international legal position in which Jersey exists prohibits –

th e in t roduction of immigration or border controls in relation to UK, EEA and certain Commonwealth

citizens;

ta k i n g measures which would amount to control over the rights of such citizens to come and live in the

Island;

t h e I s la n d fr om treating UK citizens differently from citizens of other EU states and EEA citizens -

in relation to their rights to establish themselves in the Island, and;

 t a k in g a c ti o ns which might not be consistent with the UK Immigration Act as extended to Jersey,

Article 4 of Protocol 3 and European Court judgements relating thereto.

A n o ther aim of the proposals is to uphold these existing international commitments regarding the

rights of free movement of people.'

D  uring the debate on the Migration Policy, adopted by the States in June 2005, the President of the Policy

and Resources Committee undertook to review the international legal position with regard to people's right to freedom of entry and whether the States could tighten border controls. The President of the Policy and Resources Committee further undertook to investigate the position in Guernsey with particular reference to whether it would be possible and effective to require individuals seeking entry to state any criminal convictions on application, while maintaining the Island's international commitments. The Home Affairs Committee would welcome the opportunity to contribute to any such policy review and has stated in the Committee's draft Criminal Justice Policy, Developing Jersey's Criminal Justice Policy', June 2005, that the Committee will have regard to the outcome of the review undertaken by the Policy and Resources Committee prior to the lodging of the Policy for debate.

4. Again,during the debate on Migration Policy, the Presidentof Policy and Resources Committee indicated that he would be willing to raise the issueofbordercontrols with the other British Islands. This issue will be raised at the forthcoming inter-Island conference to be held in the Isle ofMan on 26th July 2005. Both the Presidents of the Policy and Resources and the Home Affairs Committees will beattendeesattheconference.