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Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2013 (Amendment) Ordinance, 2015

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The Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2013 (Amendment) Ordinance, 2015
 
THE STATES, in exercise of the powers conferred on them by sections 54(8) and 55 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2013[a] and all other provisions enabling them in that behalf, hereby order:-
 
Amendment of section 54.
1.      (1)      Section 54(1) of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2013 ("the Law") is amended as follows -
 
(a)      immediately after the definition of "application for review", insert the following definition -
 
""appropriate judicial officer" means -
 
(a)      in Alderney, the Chairman or a Jurat of the Court of Alderney,
 
(b)      in Sark, the Seneschal, the Deputy Seneschal or a Lieutenant Seneschal,",
 
 
(b)      in the definition of "the Bailiff", immediately after "Juge Délégué", insert "or an appropriate judicial officer,",
 
(c)      immediately after the definition of "picture", insert the following definition -
 
""police officer" means -
 
(a)      in relation to Guernsey, Herm and Jethou -
 
(i)      a member of the salaried police force of the Island of Guernsey, or
 
(ii)      within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey,
 
(b)      in relation to Alderney -
 
(i)      a member of the salaried police force of the Island of Guernsey,
 
(ii)      a member of any police force which may be established by the States of Alderney, or
 
(iii)      within the limits of his jurisdiction, a special constable appointed under section 47 of the Government of Alderney Law, 2004[b], and
 
(c)      in relation to Sark -
 
(i)      the Constable, the Vingtenier or the Assistant Constable of Sark,
 
(ii)      a member of the salaried police force of the Island of Guernsey, or
 
(iii)      within the limits of his jurisdiction, a special constable appointed by the Court of the Seneschal,",
 
(d)      immediately after the definition of "restriction order", insert the following definition -                   
 
""Royal Court", for the purposes of sections 18 and 20, may be constituted by the Bailiff sitting unaccompanied by the Jurats,", and
 
(e)      immediately after the definition of "sexual offence to which this Law applies", insert the follow definitions –
 
""sexual offences prevention order", "foreign travel order" and "risk of sexual harm order", for the purposes of section 2(6), also include an interim order of the same type made under section 18, 20 and 22 respectively,".
 
Interpretation.
2.      (1)      In this Ordinance, unless the context requires otherwise -
 
"enactment" means any Law, Ordinance or subordinate legislation,
 
"the Law" has the meaning given in section 1, and
 
"subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any enactment and having legislative effect.
 
(2)      The Interpretation (Guernsey) Law, 1948[c] applies to the interpretation of this Ordinance throughout the Bailiwick.
 
(3)      Any reference in this Ordinance to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.
 
Citation.
3.      This Ordinance may be cited as the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2013 (Amendment) Ordinance, 2015.

[a]

Order in Council No. IX of 2014.

[b]

No. III of 2005 (Ordres en Conseil Vol. XLV, p. 26); as amended by Order in Council No. XXII of 2010, No. XI of 2012 and No. V of 2014. See also Ordres en Conseil Vol. XXII, p. 122 and Ordres en Conseil Vol. XXIX, p. 207.

[c]

Ordres en Conseil Vol. XIII, p. 355.