Jersey Unreported Judgments

Representation by the Attorney General seeking the defendant to be subject to notification requirements under the Sex Offenders (Jersey) Law 2010 for a period of 5 years.

[2012]JRC052

Royal Court

(Samedi)

14 March 2012

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Kerley and Nicolle.

The Attorney General

-v-

C

Hearing in relation to notification requirements of the Sex Offenders (Jersey) Law 2010.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate M. L. Preston for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        In 2010 the offender was sentenced to a total of 18 months' imprisonment having pleaded guilty to some counts of indecent assault on adult females and the application is now made by the Attorney General for a notification order pursuant to Article 13(1)(a) of the Sex Offenders (Jersey) Law 2010. 

2.        As was said in the case of AG-v-Velosa [2011] JRC 026 the structure of legislation is such that it is primarily concerned with the protection of potential victims and the legislation requires the Court to determine the period which must expire before any application to discharge the notification requirements is made and in relation to an application under Article 13 of course this comes to be done at this stage.  We read down the legislation in order to fulfil that function appropriately. 

3.        The application by the Attorney General is not opposed by Advocate Preston who has appeared for the offender.  We are satisfied that it is right to make the notification order and that it is in place for a minimum of 5 years, that is to say, no application can be made by the offender to be discharged from the notification requirements until 5 years have expired.  The only argument before us today was as to the starting date for that 5 year period.  It is contended by Advocate Preston that it should be the offender's release date and in essence it is said that he has been visited on four occasions since then so it is clear the police are aware both of his home and business addresses and also of telephone numbers where he and his partner may be contacted. 

4.        In those circumstances it is said that the notification requirements can run from the date of release.  The Court accepts that submission and agrees that that is the date from which the 5 year period should run. 

5.        C, you are subject to the notification requirements and you cannot bring an application to be discharged from them until 5 years from 9^th December, 2011, has gone by. 

Authorities

Sex Offenders (Jersey) Law 2010.

AG-v-E [2011] JRC 217B.