Authorities’ ability to enforce 160 restraining orders imposed on individuals convicted of offences such as domestic, sexual or child abuse has been thrown into question due to an “notable oversight” when a new law was passed, it has emerged.
Last year, the Crime (Public Order) (Jersey) Law 2024 replaced the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008, bringing the island into line with UK legislation in many areas.
However, a recent court trial highlighted an “unexpected effect” of the legislation which meant that the new law could not be used to enforce a restraining order made under the old law.
A restraining order is a court-issued order against the perpetrator of a crime aimed at safeguarding their victim or others who may be vulnerable, typically in cases involving allegations of domestic violence, child abuse or neglect, assault, harassment, stalking, or sexual assault.
Every person with a restraining order imposed on them under the old law was written to as a “precautionary measure” to clarify that any breach would be dealt with as a contempt of court.
There are around 160 restraining orders affected by this, and organisations that support victims of domestic abuse are also due to be notified to provide assistance if needed.
Home Affairs Minister Deputy Mary Le Hegarat is now seeking to urgently close the apparent legal loophole and has put forward what she describes as a “simple” amendment to “resolve any confusion” swiftly.
Responding to her proposal, the panel of politicians responsible for scrutinising the Minister and her department “noted its concern about this situation” and asked for details about how this occurred.
Normally, it is a matter of weeks or months before any proposals to change a law are debated by the States Assembly to ensure there is sufficient time for them to be scrutinised by politicians and the public.
But in today’s States Assembly meeting, Deputy Le Hegarat will ask States Members to agree to lift the minimum lodging period for a legislative proposal so that the matter can be debated and voted on this week.