Updated 12 November 2015
What constitutes a criminal offence
1. In Jersey there is no legal definition of a 'criminal offence'. For the purposes of criminal records, or declarations for job or visa applications etc, any criminal conviction which appears on the Police National Computer is included. All offences for which there was a conviction appear, including:-
- parking offences, where there has been a court appearance
- all other convictions for criminal offences of any nature
2. Civil judgements are the result of civil actions brought by private individuals or companies, eg debt, compensation, libel etc. They do not appear on the police computer, do not constitute a criminal offence, and will not appear as part of a person's criminal record.
Parish Hall cautions and fines
3. Written or verbal Parish Hall cautions are not criminal convictions and are therefore not covered by the Rehabilitaion of Offenders (Jersey) Law 2001. Any penalty imposed at a Parish Hall enquiry is known as a sanction and will appear as such on a person's police record. However if a fine is levied then it is considered a conviction and should be declared.
Public Order Offences
4. In Jersey public order is primarily enforced using Common Law powers-notably arising from the offences of being:-
Drunk and Disorderly
Committing a Public Nuisance
Causing a Breach of the Peace or acting in a manner likely to cause a Breach of the Peace.
Offences also exist within Statute Law-Policing of Roads, Parks and Beaches.
Crime [Disorderly Conduct and Harassment] [Jersey] Law 2008
5. This Law creates an offence of using threatening or abusive words or behaviour, or engaging in disorderly behaviour if a person within hearing or sight would be likely to be caused alarm or distress by the words or behaviour.
This offence may be committed in public or in a private place, including a dwelling [except where the other person is also within the same dwelling]. A person commits an offence if he/she intends such actions to be disorderly, threatening or abusive, or is aware that they may be disorderly, threatening or abusive.
The Law also introduces a statutory offence to deal with stalking or causing harassment and legislates against a person pursuing a course of conduct that amounts to stalking or harassment of another person where he/she knows, or ought to know, that such conduct would amount to harassment.
Article 5 of the Law enables a restraining order to be made against a person convicted of the offence of harassment.
A person who breaches an order made under the Law is liable to imprisonment for up to 12 months and/or a fine of up to level 4 on the standard scale.