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Offenders caught trying to import small amounts of Class A drugs into the island for personal use could see shorter jail sentences in future, as sentencing guidelines have been relaxed.
The previous starting point for sentences for drug importations in Jersey was seven years.
Starting points apply to all offenders irrespective of plea or previous convictions. Other factors are then considered to result in an upward or downward adjustment from the starting point.
But Jersey's Royal Court has now set a new starting point for Class A drugs under 10 grams to range from "one to seven years" imprisonment.
The Attorney General previously decided the Royal Court should look at the sentencing guidelines it uses for drug importation offences and would convene in the Superior Number – with seven Jurats deciding whether sentencing guidelines should be revised or amended.
Natalia Dorota Grzegorska's case was the first to fit the bill.
The 36-year-old was due to visit her boyfriend in Jersey for a week, but was caught trying to import just under 4 grams of cocaine.
It was accepted that this was for personal use, and that she and/or her boyfriend could have consumed this amount easily within the course of a week.
After her arrest on 12 February, Grzegorska was held in custody for five months ahead of the sentencing hearing on 4 July, where Deputy Bailiff Robert MacRae was presiding.
The Jurats sitting were Robert Christensen, Elizabeth Dulake, Kim Averty, Gareth Hughes, Karen Le Cornu, David Le Heuzé, and Michael Berry.
Sentencing guidelines for drugs cases in Jersey were previously derived from a 2001 case, Rimmer v AG.
The "Rimmer guidelines" put the starting point for trafficking of Class A drugs at seven years' imprisonment – but the Royal Court has "discretion" over local sentences.
The court has also long taken the stance that, because of the small size of Jersey, drugs have a disproportionate negative effect in the island and that a strong deterrent is needed to keep Jersey safe.
In Grzegorska's case, pleading guilty and co-operating with authorities would have given her a one-third discount, along with personal mitigation.
To review the sentencing guidelines, the court heard from Solicitor General Matthew Jowitt KC on behalf of the Attorney General, as well as written submissions from agencies including the police, the Probation Service, the Alcohol and Drugs Service, and Public Health.
The court also looked at sentencing guidelines in other, comparable jurisdictions.
Director of Public Health, Peter Bradley argued that the criminalisation of personal drug use and imprisonment for drug trafficking had negative effects and particularly affected women, who are more likely to be exposed to exploitation.
He set out the consequences of long sentences and court appearances, particularly for islanders who are dependent on drugs, as well as on children and young people.
Prof Bradley also pointed to the effect of incarceration on offenders' children.
The Probation Service and the Alcohol and Drugs Service both said they "would welcome" more flexibility in sentencing, which would allow people who are stuck in a cycle of offending to receive treatment.
The Probation Service also pointed to a disproportionate effect on women, many of whom lose the care of their children.
But the States of Jersey Police said it could not support relaxation of the guidelines, citing the deterrent effect.
The court decided that a Superior Number sitting was entitled to change the guidelines.
The Jurats decided that it was "appropriate and necessary" to revise or amend the guidelines, as in less serious offences the seven-year starting point might be too high.
They set a new starting point for Class A drugs under 10 grams as "one to seven years" imprisonment, adding that a similar exercise would need to be carried out for tablets and capsules.
Grzegorska was given an eighteen-month starting point, and was ultimately sentenced to seven months' imprisonment.
The Deputy Bailiff added that even if Grzegorska had pleaded not guilty and the case had gone to trial, and even if she had not had good character or other mitigation, it "would not have been appropriate" for her to be sentenced to anywhere near seven years imprisonment as it was accepted that the drugs were only for personal use.
The court reiterated, however, that all importations of Class A drugs into Jersey – even the smallest quantities – were serious enough for a custodial sentence.
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