Plans for prison release supervision law delayed

Tuesday 23 November 2021

Plans to introduce mandatory supervision for offenders sentenced to more than six months in prison have been delayed by the pandemic.

The Minister for Home Affairs, Deputy Gregory Guida, asked the Legislative Drafting Office and Department for Strategic Policy, Planning and Performance to start developing a 'post-Custodial Supervision law' last month.

Outlining the reasons for the move, Deputy Guida said the current system is “dated and relies on voluntary arrangements”. 

Pictured: The Minister for Home Affairs, Deputy Gregory Guida, said the current system is "dated".

He added that the new law would aim to “enhance and modernise” the system to improve not only public protection but also opportunities for “re-integration into the community and reduced rates of reoffending”.

Contacted by Express, a spokesperson for Government said Jersey is “unusual” due to its lack of statutory arrangements for the supervision of adult offenders after their release from prison. 

“Offenders imprisoned in Jersey are released at the two-thirds point of their sentence, and from that point on, their engagement with the Jersey Probation and Aftercare Service and other services is on a purely voluntary basis,” they explained. 

“All other jurisdictions in the British Isles operate statutory post-custodial schemes with the powers to impose conditions on release and powers of enforcement and recall to custody in the event of reoffending or non-compliance.

“The Minister for Home Affairs has directed officers to develop legislation to introduce a statutory system of post-custodial supervision for prisoners who have been sentenced imprisonment for six months or longer.”

They added that while instructions for the development of the law have been sent, it will probably not be presented to the States Assembly before next year’s elections. 

“Due to the diversion of staff and resources to the Covid-19 response throughout 2020, it is not expected that the legislation will be developed in time for debate in this Assembly.”