Skip to main content

Letter - Minister for Justice and Home Affairs repsonse to CEHA Pre Hearing Question - 17 February 2025

The official version of this document can be found via the PDF button.

The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.

Government of Jersey

Union Street | St Helier | Jersey | JE2 3DN

Deputy Catherine Curtis

Chair – Children, Education and Home Affairs Panel Via email

17 February 2025

Dear Chair

Domestic Abuse (Jersey) Law 2022

Thank you again for agreeing to move the Quarterly Hearing, I am very grateful to the Panel for their flexibility.

I am aware that there is a petition lodged with the States Greffe which asks me to consider whether the offences introduced in the Domestic Abuse (Jersey) Law 2022 could be made to apply retrospectively.

I have to date avoided making public comment on the petition, as this would be outside the established process for petitions which would require me to provide a response at 1000 signatures and would require an in-committee debate at 5000 signatures. I consider that it might be unfair on those who have submitted that petition to make comment now, as it could deter potential signatories whilst the petition is still active.

On the basis that the petition has not yet reached 1000 signatures, I can confirm that I have not at this stage given this matter detailed consideration.

However, I would highlight that it is a strongly established principle of justice that new offences are not applied retrospectively on the basis that it is fundamentally unfair to criminalise someone for conduct which was not at the time of that conduct a criminal offence.

Yours sincerely

Deputy Mary Le Hegarat

Minister for Justice and Home Affairs