Prison (Jersey) Law 1957

PRISON (JERSEY) LAW 1957

Revised Edition

23.775

Showing the law as at 1 January 2006 This is a revised edition of the law

Prison (Jersey) Law 1957  Arrangement

PRISON (JERSEY) LAW 1957

Arrangement

Article

1 Interpretation...................................................................................................5 2 .........................................................................................................................6 3 General duties of Minister...............................................................................6 4 Annual report of Minister................................................................................6 5 Right of Lieutenant-Governor, Bailiff and Viscount to visit prison ...............7 6 Board of Visitors.............................................................................................7 7 Chaplain and medical officer ..........................................................................7 7A Powers of prison officers.................................................................................7 8 Prison ministers...............................................................................................7 9 Legal custody of prisoners ..............................................................................8

10. Cells.................................................................................................................8
11. Separation of male and female prisoners ........................................................8
12. Measuring and photography of prisoners........................................................9
13. Painful tests.....................................................................................................9
14. Removal of prisoners for judicial and other purposes.....................................9
15. Power of police officer to act outside the police officer's jurisdiction ...........9
16. Calculation of term of sentence.......................................................................9
17. Remission for good conduct and release on licence of persons

sentenced to terms of imprisonment..............................................................10

18. Power of Bailiff to discharge prisoners temporarily on account of ill- health.............................................................................................................11
19. Alteration, etc. of prison................................................................................11
20. Prison breaking..............................................................................................12
21. Escape from prison........................................................................................12
22. Assisting prisoner to escape..........................................................................12
23. Harbouring of escaped prisoner ....................................................................12
24. Unlawful conveyance of spirits or tobacco into prison.................................13
25. Unlawful introduction of other articles.........................................................13
26. Display of notice of penalties........................................................................13
27. Power to provide young offender institutions and attendance centres..........13
28. Transfer from young offender institution to prison.......................................13
29. Rules for the management of the prison and other institutions.....................14
30. Persons unlawfully at large...........................................................................14
31. Expenses........................................................................................................15
32. Citation..........................................................................................................15

Arrangement  Prison (Jersey) Law 1957

Supporting Documents

ENDNOTES  16

Table of Legislation History.........................................................................................16 Table of Renumbered Provisions.................................................................................16 Table of Endnote References .......................................................................................17

PRISON (JERSEY) LAW 1957 1

A  LAW  relating  to  the  administration  of  the  Prison,  to  provide  for  the establishment and administration of institutions for young offenders, and to provide for matters incidental thereto2

Commencement [see endnotes]

1  Interpretation

1. In this Law, unless the context otherwise requires –

"attendance centre" means a centre provided under Article 27(1)(b);

"attendance centre order" has the meaning given by Article 1(1) of the Criminal Justice (Young Offenders) (Jersey) Law 19943;

"Governor" means the person employed under the Employment of States of Jersey Employees (Jersey) Law 20054 as the Governor for the purposes of this Law;

"Minister" means the Minister for Home Affairs;

"prison" or "the prison" means –

1. the States of Jersey Prison at La Moye;
2. any other prison which may be built;
3. any building or part of a building designated to be a prison under Article 19(2); and
4. any young offender institution;5

"prisoner" includes a person sentenced to youth detention;

"prison officer"  means a person employed under the Employment of States of Jersey Employees (Jersey) Law 20056 as a prison officer for the purposes of this Law;

"young  offender  institution"  means  an  institution  provided  under Article 27(1)(a); and

"youth detention" has the meaning given by Article 1(1) of the Criminal Justice (Young Offenders) (Jersey) Law 1994.7

2. A reference in this Law to a sum adjudged to be paid by a conviction includes  a  sum  payable  under  a  compensation  order  made  under Article 2(1)  of  the  Criminal  Justice  (Compensation  Orders)  (Jersey) Law 19948.9
3. A reference in this Law to an enactment, including an enactment of the United Kingdom, is a reference to that enactment as amended from time to time, and includes a reference to that enactment as applied or extended by or under any other enactment, including any other provision of that enactment.10
4. For the purposes of this Law, the maintenance of a prisoner shall include all  necessary  expenses  incurred  in  respect  of  the  prisoner  for  food, clothing, custody and removal from one place to another, from the period of the prisoner's committal to prison until the prisoner's discharge from, or death in, prison.

2  11

3  General duties of Minister

1. The Minister shall have the general administration and superintendence of  the  prison  and  shall  make  the  contracts,  other  than  contracts  of employment, and do the other acts necessary for the maintenance of the prison and the maintenance of prisoners.12
2. The Minister shall from time to time visit the prison and examine the state of buildings, the conduct of officers, the treatment and conduct of prisoners and all other matters concerning the management of the prison, and shall ensure that the provisions of this Law and of any Rules made under this Law are duly complied with.
3. The Minister may at any time visit the prison or any part thereof, and any prisoner.

4  Annual report of Minister

1. The Minister shall each year, present to the States a report on the prison for the preceding calendar year.13
2. The report shall contain –

1. a  statement  of  the  accommodation  at  the  prison  and  the  daily average and highest number of prisoners confined therein;
2. particulars of the work done by prisoners in the prison;
3. a statement of the punishments inflicted in the prison and of the offences for which they were inflicted.14

5  Right of Lieutenant-Governor, Bailiff and Viscount to visit prison

1. The Lieutenant-Governor and the Bailiff may at any time visit the prison or any part thereof, and any prisoner, and enter in the visitors' book, to be kept by the governor of the prison, any observations on the condition of the prison or on any abuses.
2. The governor of the prison shall bring any entry in the visitors' book to the attention of the Minister and to the Board of Visitors at their next visit.
3. The Viscount may at any time visit the prison or any part thereof, and any prisoner,  whenever  it  is necessary  for  the  Viscount  to  do  so  in  the discharge of the duties of his or her office.

6  Board of Visitors

1. The States shall make Regulations providing for the constitution of a Board of Visitors consisting of Jurats of the Royal Court, appointed by the Superior Number of the Royal Court at such times, in such manner and for such periods as may be prescribed by the Regulations.
2. Regulations made as aforesaid shall prescribe the functions of the Board of Visitors and shall among other things require members to pay frequent visits to the prison and hear any complaints which may be made by the prisoners  and  report  to  the  States  any  matter  which  it  considers  it expedient to report.
3. Any member of the Board of Visitors may at any time visit the prison or any part thereof, and any prisoner.

7  Chaplain and medical officer15

The Minister for Home Affairs shall appoint for the prison –

1. a chaplain who is a clergyman of the Church of England; and
2. a medical officer who shall be a doctor.

7A  Powers of prison officers16

Every prison officer while acting as such shall have all the powers, authority, protection and privileges of a member of the States of Jersey Police Force.

8  Prison ministers

1. The Minister may allow a minister of religion of any denomination other than Church of England to visit prisoners of the minister's denomination.
2. No prisoner shall be visited against the prisoner's will by such a minister of  religion  as  is  mentioned  in  paragraph (1),  but  every  prisoner  not belonging to the Church of England shall be allowed, in accordance with the arrangements in force in the prison, to attend chapel or to be visited by the chaplain.

3. The governor of the prison shall on the reception of each prisoner record the  religious  denomination  to  which  the  prisoner  declares  himself  or herself to belong, and shall give to any minister who under this Article is allowed to visit prisoners therein a list of the prisoners who have declared themselves to belong to the minister's denomination; and the minister shall not be allowed to visit any other prisoners.

9  Legal custody of prisoners

1. Every prisoner shall be deemed to be in the legal custody of the governor of the prison.
2. A prisoner shall be deemed to be in legal custody while he or she is confined in, or is being taken to or from, the prison or any prison outside Jersey, and while the prisoner is working, or is for any other reason, outside the prison in the custody or under the control of an officer of the prison and while the prisoner is being taken to or from any place to which he or she is required or authorized by or under this Law to be taken, or is kept in custody in pursuance of any such requirement or authorization.17

10  Cells

1. No  cell  shall  be  used  for  the  confinement  of  a  prisoner  unless  it  is certified  by  the  medical  officer  of  the  prison  that  its  size,  lighting, heating, ventilation and fittings are adequate for health and that it allows the prisoner to communicate at any time with a prison officer.18
2. A certificate given under this Article in respect of any cell may limit the period for which a prisoner may be separately confined in the cell and the number of hours a day during which a prisoner may be employed therein.
3. The certificate shall identify the cell to which it relates by a number or mark and the cell shall be marked by that number or mark placed in a conspicuous position; and if the number or mark is changed without the consent of the medical officer of the prison the certificate shall cease to have effect. 19
4. The medical officer of the prison may withdraw a certificate given under this Article in respect of any cell if in his or her opinion the conditions of the cell are no longer as stated in the certificate. 20
5. Special  cells  may  be  provided  for  the  temporary  confinement  of refractory or violent prisoners. 21

11  Separation of male and female prisoners

Separate buildings or parts of a building shall be used in the prison for male prisoners and for female prisoners respectively so as to prevent the one from seeing or communicating with the other.22

12  Measuring and photography of prisoners

The States may make Regulations as to the measuring and photographing of prisoners and such Regulations may prescribe the time or times at which and the manner and dress in which prisoners shall be measured and photographed and the number of copies of the measurements and photographs of each prisoner which shall be made and the persons to whom they shall be sent.

13  Painful tests

The medical officer of the prison shall not apply any painful test to a prisoner for the purpose of detecting malingering or for any other purpose except with the permission of the Minister.

14  Removal of prisoners for judicial and other purposes

The Bailiff may –

1. if the Bailiff is satisfied that the attendance at any place in Jersey of a person detained in the prison is desirable in the interests of justice or for the purposes of any public inquiry, direct the person detained to be taken to that place;
2. if  the   Bailiff  is  satisfied  that  a  person  so  detained  requires  medical investigation  or  observation  or  medical  or  surgical  treatment  of  any description, direct the person detained to be taken to a hospital or other suitable  place  for  the  purpose  of  the  investigation,  observation  or treatment,

and where any person is directed under this Article to be taken to any place the person shall, unless the Bailiff otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison.23

15  Power of police officer to act outside the police officer's jurisdiction

For the purposes of taking a person to or from the prison under the order of any authority competent to give the order, an officer of police, whether honorary or paid,  may  act  outside  the  area  of  the  officer's  jurisdiction  and  shall, notwithstanding that the officer is so acting, have all the powers, authority, protection and privileges of his or her office.

16  Calculation of term of sentence

1. In any sentence of imprisonment, the word "month" shall, unless the contrary is expressed, be construed as meaning calendar month.
2. A prisoner who but for this paragraph would be discharged on a Saturday, a  Sunday,  Christmas  Day,  Good Friday, or  any  day  appointed  to  be observed as a public holiday under Article 2 of the Public Holidays and Bank Holidays (Jersey) Law 195124, shall be discharged on the day next preceding.25

17  Remission for good conduct and release on licence of persons sentenced to

terms of imprisonment

1. Rules  made  under  Article 29  may  make  provision  whereby,  in  such circumstances as may be prescribed by the Rules, a person serving a sentence of imprisonment or youth detention for such a term as may be so prescribed may be granted remission of such part of that sentence as may be so prescribed on the ground of the person's industry and good conduct, and  on  the  discharge  of  a  person  from  prison  or  a  young  offender institution in pursuance of any such remission as aforesaid the person's sentence shall expire.26
2. If  it  appears  to  the  Minister  that  a  person  serving  a  sentence  of imprisonment was under the age of 21 years at the commencement of his or her sentence, the Minister may direct that instead of being granted remission of his or her sentence under the Rules the person shall, at any time on or after the day on which the person could have been discharged if  the  remission  had  been  granted,  be  released  on  licence  under  the following provisions of this Article.
3. A person released on licence under this Article shall until the expiration of the person's sentence be under the supervision of such person as may be specified in the licence and shall comply with such other requirements as may be so specified:

Provided that the Minister may at any time modify or cancel any such requirements.

4. If before the expiration of the person's sentence the Minister is satisfied that  a  person  released  as  aforesaid  has  failed  to  comply  with  any requirement for the time being specified in the licence, the Minister may by order recall the person to the prison; and thereupon he or she shall be liable to be detained in prison until the expiration of his or her sentence and, if at large, shall be deemed to be unlawfully at large.
5. The Minister may release on licence a person detained in a prison under paragraph (4) at any time before the expiration of the person's sentence; and paragraphs (3) and (4) shall apply in the case of a person released under this paragraph as they apply in the case of a person released under paragraph (2).
6. Where the unexpired part of the sentence of a person released under paragraph (2) is less than 6 months, paragraphs (3) to (5) shall apply to the person subject to the following modifications –

1. the  period  for  which  the  person  is  under  supervision  under paragraph (3) and is liable to recall under paragraph (4) shall be a period  of  6  months  from  the  date  of  his  or  her  release  under paragraph (2);
2. if the person is recalled under paragraph (4), the period for which he or she may be detained thereunder shall be whichever is the shorter of the following, that is to say –

1. the remainder of the said period of 6 months, or
2. the part of the person's sentence which was unexpired on the date of his or her release under paragraph (2), reduced by

any time during which the person has been so detained since that date,

and the person may be released on licence under paragraph (5) at any time before the expiration of that period.

7. For the purposes of this Article, a person committed to prison or a young offender institution in default of payment of a sum adjudged to be paid by a conviction shall be treated as undergoing a sentence of imprisonment or youth detention for the term for which the person is committed, and consecutive terms of imprisonment or youth detention shall be treated as one term of a period equal to the aggregate of the consecutive terms.27

18  Power of Bailiff to discharge prisoners temporarily on account of ill-health

1. If the Bailiff is satisfied that by reason of the condition of a prisoner's health it is undesirable to detain the prisoner in prison, but that, such condition of health being due in whole or in part to the prisoner's own conduct  in  prison,  it  is  desirable  that  his  or  her  release  should  be temporary and conditional only, the Bailiff may, if he or she thinks fit, having regard to all the circumstances of the case, by order authorize the temporary discharge of the prisoner for such period and subject to such conditions as may be stated in the order.
2. Where an order of temporary discharge is made in the case of a prisoner not  under  sentence,  the  order  shall  contain  conditions  requiring  the attendance of the prisoner at any further proceedings on his or her case at which the prisoner's presence may be required.
3. Any  prisoner  discharged  under  this  Article  shall  comply  with  any conditions stated in the order of temporary discharge, and shall return to prison at the expiration of the period stated in the order, or of such extended period as may be fixed by any subsequent order of the Bailiff , and, if the prisoner fails so to comply or return, the prisoner may be arrested and taken back to prison.
4. Where a prisoner under sentence is discharged in pursuance of an order of temporary discharge, the currency of the sentence shall be suspended from the day on which he or she is discharged from prison under the order to the day on which he or she is received back into prison, so that the former day shall be reckoned and the latter shall not be reckoned as part of the sentence.
5. Nothing in this Article shall affect the duties of the medical officer of the prison in respect of a prisoner whom the Bailiff does not think fit to discharge under this Article.

19  Alteration, etc. of prison

1. The States may alter, enlarge, rebuild or close the prison and build any new prison.

2. Where the Minister considers it is necessary for a temporary period to house prisoners in accommodation other than the prison, the Minister may designate any building or part of a building to be a prison.28
3. Where the Minister considers that the circumstances which gave rise to a designation  under  paragraph (2)  no  longer  apply,  the  Minister  shall revoke such designation.29
4. Where more than one prison is provided, there shall be a governor, a chaplain and a medical officer for each prison and where a prison is provided for the reception of women only, the governor of that prison shall be a woman.
5. Paragraph (4) does not apply to a young offender institution established under Article 27.30

20  Prison breaking31

Any person who, by the use of force, escapes from the prison or other lawful custody shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding 7 years.

21  Escape from prison32

Any  person  who,  without  force,  escapes  from  the  prison,  or  other  lawful custody,  shall  be  guilty  of  an  offence  and  shall  be  liable  to  a  fine,  or  to imprisonment for a term not exceeding 2 years, or both.

22  Assisting prisoner to escape

Any person who aids any prisoner in escaping or attempting to escape from the prison or who, with intent to facilitate the escape of any prisoner, conveys any thing into the prison or to a prisoner or places any thing anywhere outside the prison with a view to its coming into the possession of a prisoner, shall be guilty of an offence and liable to a fine or to imprisonment for a term not exceeding 2 years, or both. 33

23  Harbouring of escaped prisoner34

1. Any person who knowingly harbours a person who has escaped from the prison or other lawful custody or who, having been sentenced in any other  part  of  the  British  Islands  to  imprisonment  or  detention,  is otherwise unlawfully at large, or gives to any such person any assistance with intent to prevent, hinder or interfere with him or her being taken into custody, shall be guilty of an offence and shall be liable to a fine, or to imprisonment for a term not exceeding 2 years, or both.35
2. For  the  purposes  of  this  Article,  the  expression  "imprisonment  or detention"  means  imprisonment,  custody  for  life,  youth  custody, detention in a detention centre or young offenders institution or detention under any equivalent sentence passed by a court in the British Islands outside Jersey.36

24  Unlawful conveyance of spirits or tobacco into prison

Any person who contrary to Rules made under Article 29 brings or attempts to bring into the prison or to a prisoner any spirituous or fermented liquor or tobacco, or places any such liquor or any tobacco anywhere outside the prison with intent that it shall come into the possession of a prisoner, and any officer who contrary to those Rules allows any such liquor or any tobacco to be sold or used  in  the  prison,  shall  be  guilty  of  an  offence  and  liable  to  a  fine  not exceeding level 2 on the standard scale or to imprisonment for a term not exceeding 6 months, or both.37

25  Unlawful introduction of other articles

Any person who contrary to Rules made under Article 29 conveys or attempts to convey any letter or any other thing into or out of the prison or to a prisoner or places it anywhere outside the prison with intent that it shall come into the possession of a prisoner shall, where the person is not guilty of an offence under Article 22 or 24, be liable to a fine not exceeding level 2 on the standard scale.38

26  Display of notice of penalties

The Minister shall cause to be affixed in a conspicuous place outside the prison a  notice  of  the  penalties  to  which  persons  committing  offences  under Articles 20, 21, 22, 23, 24 and 25 are liable.39

27  Power to provide young offender institutions and attendance centres40

1. The Minister may provide –

1. young offender institutions where offenders aged not less than 15 but  under  21,  sentenced  to  a  term  of  youth  detention  may  be detained  in  conditions  suitable  to  persons  of  their  ages  and descriptions;
2. attendance centres where male persons aged not less than 10 but under 21 may be ordered to attend in pursuance of an attendance centre  order,  and  there  be  given  appropriate  occupation  or instruction under supervision.

2. For  the  purposes  of  paragraph (1)(b),  the  Minister  may  make arrangements with any other Minister for the use of premises which that other Minister administers.

28  Transfer from young offender institution to prison41

Where an offender has been sentenced to a term of youth detention and either –

1. the offender has attained the age of 21; or
2. the offender has been reported to the Minister by the Board of Visitors as exercising a bad influence on the other persons detained in the young offender  institution,  or  as  behaving  in  a  disruptive  manner  to the detriment of those other persons,

the Minister may substitute for the unexpired part of the term of his or her sentence a term of imprisonment not exceeding the unexpired part, and for the purposes of this Law that person shall then be treated as though he or she had been sentenced to imprisonment for that term.

29  Rules for the management of the prison and other institutions42

1. Subject to the provisions of paragraph (6), the Minister may make Rules for the regulation and management of the prison, and attendance centres respectively, and for the classification, treatment, employment, discipline and control of persons required to be detained therein.43
2. Rules made under this Article shall make provision for ensuring that a person who is charged with any offence under the Rules shall be given a proper opportunity of presenting the person's case.
3. Rules made under this Article shall provide for the treatment of prisoners awaiting  transfer  under  section  26,  27  or  28  of  the  Criminal  Justice Act 1961 of the United Kingdom.44
4. Rules made under this Article shall provide for the special treatment of any person detained in the prison, not being a person serving a sentence or a person imprisoned or sentenced to youth detention in default of payment of a sum adjudged to be paid by a conviction.45
5. Rules made under this Article may provide for the temporary release of persons detained in the prison, not being persons committed in custody for  trial  before  the  Royal  Court  or  committed  to  be  sentenced  or otherwise dealt with by that Court or remanded in custody by any court.46
6. The Subordinate Legislation (Jersey) Law 196047 shall apply to Rules made under this Article.48

30  Persons unlawfully at large

1. Any  person  who,  having  been  sentenced  to  imprisonment,  or  youth detention, or having been committed to the prison, is unlawfully at large, may be arrested by any officer of police, whether honorary or paid, and taken to the prison.49
2. Where  any  person  sentenced  to  imprisonment,  or  youth  detention,  is unlawfully at large at any time during the period for which he or she is liable  to  be  detained  in  pursuance  of  the  sentence  then,  unless  the Minister otherwise directs, no account shall be taken, in calculating the period for which the person is liable to be so detained, of any time during which he or she is absent from the prison.50
3. The provisions of paragraph (2) shall apply to a person who is detained in custody in default of payment of any sum of money as if he or she were sentenced to imprisonment or youth detention.51
4. For the purposes of this Article a person who, after being temporarily released in pursuance of Rules made under Article 29(5), is at large at any time during the period for which the person is liable to be detained in pursuance of his or her sentence shall be deemed to be unlawfully at large if the period for which he or she was temporarily released has expired or

if  an  order  recalling  the  person  has  been  made  by  the  Minister  in pursuance of the Rules.

31  Expenses52

32  Citation

This Law may be cited as the Prison (Jersey) Law 1957.

ENDNOTES

Table of Legislation History

Table of Renumbered Provisions

Prison (Jersey) Law 1957  Endnotes

Table of Endnote References

1 This Law has been amended by the States of Jersey (Amendments and

Construction Provisions No. 7) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government

2 Long Title  amended by L.2/1981

3 chapter 08.380

4 chapter 16.325

5 Article 1(1)  definition "prison" or "the prison" substituted by L.40/1997

6 chapter 16.325

7 Article 1(1)  substituted by L.7/1994, amended by L.26/2005; former paragraph

substituted by L.2/1981

8 chapter 08.200

9 Article 1(2)  inserted by L.7/1994

10 Article 1(3)  inserted by L.7/1994

11 Article 2  deleted by R&O.47/2005

12 Article 3(1)  amended by L.26/2005

13 Article 4(1)  amended by L.2/1981

14 Article 4(2)  amended by L.2/1981

15 Article 7  substituted by L.26/2005; former Article amended by L.2/1974, L.2/1981,

L.7/1994

16 Article 7A  inserted by L.21/2004

17 Article 9(2)  amended by L.2/1981

18 Article 10(1)  amended by L.2/1981

19 Article 10(3)  amended by L.2/1981

20 Article 10(4)  amended by L.2/1981

21 Article 10(5)  amended by L.2/1981

22 Article 11  amended by L.2/1981

23 Article 14  amended by L.40/1997

24 chapter 15.560

25 Article 16(2)  amended by L.2/1981, L.7/1994

26 Article 17(1)  amended by L.7/1994

27 Article 17(7)  amended by L.7/1994

28 Article 19(2)  inserted by L.40/1997

29 Article 19(3)  inserted by L.40/1997

30 Article 19(5)  inserted by L.7/1994

31 Article 20  inserted by L.16/1976, amended by L.7/1994

32 Article 21  inserted by L.16/1976, amended by L.7/1994

33 Article 22  amended by L.16/1976, L.7/1994

34 Article 23  inserted by L.16/1976

35 Article 23(1)  amended by L.7/1994

36 Article 23(2)  amended by L.7/1994

37 Article 24  amended by L.2/1981, L.7/1994

38 Article 25  amended by L.16/1976, L.2/1981, L.7/1994

39 Article 26  amended by L.16/1976

40 Article 27  substituted by L.7/1994; former Article inserted by L.2/1981 41 Article 28  substituted by L.7/1994; former Article inserted by L.2/1981 42 Article 29  heading amended by L.2/1981

43 Article 29(1)  amended by L.2/1981, L.7/1994

44 Article 29(3)  substituted by L.7/1994

45 Article 29(4)  amended by L.7/1994

46 Article 29(5)  substituted by L.2/1981, amended by L.7/1994

47 chapter 15.720

48 Article 29(6)  substituted by L.2/1981

49 Article 30(1)  amended by L.16/1976, L.7/1994

50 Article 30(2)  amended by L.16/1976, L.7/1994

51 Article 30(3)  amended by L.7/1994

52 Article 31  repealed by R&O.126/2005