The Counter-Terrorism and Security (Jersey) Order 2017

Article 2(c)

SCHEDULE 3 Modifications of Schedule 1 to the Counter-Terrorism and Security Act 2015 as it extends to Jersey

1.  In paragraph 1 (Interpretation)—

(a) after sub-paragraph (1) insert—

“(1A) “Jersey” means the Bailiwick of Jersey.

(1B) “Minister” means the Minister for Home Affairs.”;

(b) in sub-paragraph (2) after “Immigration Act 1971” insert “, as extended to Jersey by the Immigration (Jersey) Order 1993(1)”;

(c) in sub-paragraph (3) for all the words after “designated as” substitute “an officer of the Impôts within the meaning of Article 4 of the Customs and Excise (Jersey) Law 1999(2).”;

(d) after sub-paragraph (3) insert—

“(3A) “Police officer” has the same meaning as in Part 1 of the Schedule to the Interpretation (Jersey) Law 1954.”;

(e) in sub-paragraph (4) for “Secretary of State” substitute “Minister”;

(f) in sub-paragraph (5) for “superintendent” substitute “chief inspector”;

(g) for sub-paragraph (6)(b) substitute—

“(b) a ticket or other document that permits a person to make a journey by any means from Jersey to a place outside Great Britain or the Bailiwick of Guernsey or the Isle of Man.”;

(h) in sub-paragraph (7)—

(i) in paragraph (a) after “Immigration Act 1971” insert “, as extended to Jersey by the Immigration (Jersey) Order 1993”;

(ii) in paragraph (b) for “United Kingdom” substitute “British Islands”;

(i) in sub-paragraph (8)—

(i) omit paragraphs (c), (d) and (e);

(ii) in paragraph (f) for “Great Britain or Northern Ireland” substitute “Jersey”;

(j) omit sub-paragraph (9);

(k) for sub-paragraphs (11) and (12) substitute—

“(11) “Terrorism” and “terrorist” have the same meaning as in the Terrorism (Jersey) Law 2002 (see Articles 2 and 36 of that Law).

(12) “Judicial authority” means the Juge d’Instruction appointed in pursuance of the Loi (1864) concernant la charge de Juge d’Instruction(3) and includes any person exercising the functions of the Juge d’Instruction.”;

(l) omit sub-paragraphs (13) and (14);

(m) after sub-paragraph (15) insert—

“(16) The standard scale” means the scale set out in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993(4).”.

2.  In paragraph 2 (Powers of search and seizure etc)—

(a) in sub-paragraph (1)—

(i) for “Great Britain” wherever it occurs substitute “Jersey”;

(ii) for “constable” substitute “police officer”;

(iii) for “United Kingdom” (in paragraph (a)) substitute “British Islands”;

(b) omit sub-paragraph (2);

(c) in sub-paragraphs (3) and (4) for “constable” substitute “police officer”;

(d) in sub-paragraph (5)—

(i) for “constable” wherever it occurs substitute “police officer”;

(ii) for “or officer” (in paragraphs (b) and (d)) substitute “or the qualified officer”;

(e) in sub-paragraph (7)—

(i) for “constable” substitute “police officer”;

(ii) in paragraph (c) for “constable’s or officer’s” substitute “police officer’s or qualified officer’s”;

(f) for sub-paragraph (8) substitute—

“(8) A police officer or qualified officer exercising a power in sub-paragraph (5)(a) or (b) must tell the person that—

(a) the person is suspected of intending to leave Jersey for the purpose of involvement in terrorism-related activity outside the British Islands, and

(b) the police officer or the qualified officer is therefore entitled under this Schedule to exercise the power.”;

(g) in sub-paragraph (9)—

(i) for “constable” in both places substitute “police officer”;

(ii) for “The officer or official” substitute “The immigration officer or customs official”.

3.  In paragraph 3 (Travel documents in possession of immigration officers or customs officials) in sub-paragraph (1) for “constable” wherever it occurs substitute “police officer”.

4.  In paragraph 4 (Authorisation by senior police officer for retention of travel document)—

(a) for “constable” wherever it occurs substitute “police officer”;

(b) in sub-paragraph (3)—

(i) for paragraph (a) substitute—

“(a) the person is suspected of intending to leave Jersey for the purpose of involvement in terrorism-related activity outside the British Islands, and”;

(ii) in paragraph (b) for “or officer” substitute “or qualified officer”;

(c) in subparagraph (4) for paragraph (a) substitute—

“(a) the person is suspected of intending to leave Jersey for the purpose of involvement in terrorism-related activity outside the British Islands, and”.

5.  In paragraph 5 (Retention or return of documents seized)—

(a) in sub-paragraph (1)—

(i) in paragraph (a) for “the Secretary of State considers” substitute “consideration is given to”;

(ii) in paragraph (c) for “Secretary of State” substitute “Minister”;

(b) in sub-paragraphs (4) and (5) for “constable” substitute “police officer”;

(c) in sub-paragraph (5)—

(i) for “Great Britain or (as the case may be) the United Kingdom” substitute “Jersey”;

(ii) for “outside the United Kingdom” substitute “outside the British Islands”.

6.  In paragraph 6 (Review of retention of travel documents)—

(a) in sub-paragraph (1)(b) for “constable” substitute “police officer”;

(b) in sub-paragraph (2)(a) omit “chief”;

(c) in sub-paragraphs (3)(c) and (4) for “relevant chief constable” substitute “Chief Officer”;

(d) in sub-paragraph (5) for “Secretary of State” substitute “Minister”;

(e) in sub-paragraph (6) for the definition of “relevant chief constable” substitute—

“Chief Officer means the Chief Officer of the States of Jersey Police Force.”.

7.  For paragraph 7 (Detention of document for criminal proceedings etc) substitute—

“Detention of document for criminal proceedings etc

7(1) A requirement under paragraph 4 or 5 to return a travel document in the possession of a police officer or qualified officer does not apply while either officer has power to detain it under sub-paragraph (2).

(2) Either officer may detain the document—

(a) while he or she believes that it may be needed for use as evidence in criminal proceedings, or

(b) while he or she believes that it may be needed in connection with a decision by the Minister whether to make a deportation order under the Immigration Act 1971.”.

8.  In paragraph 10 (Extension of 14-day period by judicial authority) in sub-paragraph (2)—

(a) in paragraph (a) for “section 40(1)(a) of the Terrorism Act 2000” substitute “Article 36(a) of the Terrorism (Jersey) Law 2002”;

(b) in paragraph (c) for “section 23 or 23A of that Act” substitute “Article 27 of (and Schedule 3 to) that Law”.

9.  In paragraph 14 (Persons unable to leave the United Kingdom)—

(a) for “the United Kingdom” wherever it occurs (including the heading) substitute “Jersey”;

(b) in sub-paragraph (2) for “Secretary of State” substitute “Minister”.

10.  In paragraph 15 (Offences) for sub-paragraph (3) substitute—

“(3) A person guilty of an offence under this paragraph is liable to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 3 on the standard scale, or to both.”.

11.  In paragraph 16 (Offences) for “constable” substitute “police officer”.

12.  In paragraph 17 (Accredited immigration officers and customs officials)—

(a) for “Secretary of State” in sub-paragraph (1) substitute “Minister”;

(b) for “constable” in sub-paragraphs (2) and (5) substitute “police officer”.

13.  In paragraph 18 (Code of practice)—

(a) in sub-paragraph (1) for “Secretary of State” substitute “Minister”;

(b) in sub-paragraph (2)(c) for “constables” substitute “police officers”;

(c) in sub-paragraphs (3) and (4) for “constable” substitute “police officer”.

14.  Omit paragraph 19 (Publication of code in draft etc).

15.  In paragraph 20 (Revisions to code of practice)—

(a) in sub-paragraph (1) for “Secretary of State” substitute “Minister”;

(b) omit sub-paragraph (2).

(1)

Revised Edition: Chapter 21.700.

(2)

Revised Edition: Chapter 24.660.

(3)

Revised Edition: Chapter 07.525.

(4)

Revised Edition: Chapter 08.360.