The draft law also includes amendments to the Police Procedures and Criminal Evidence (Jersey) Law 2003 (“PPCE”). Once enforced, they will provide the police with powers to impose conditions on pre- and post- charge bail, while limiting the length of pre-charge bail to six months.  

It's hoped that the new amendments will help protect the rights of suspects and defendants in criminal proceedings as well as victims and witnesses throughout the criminal process. 

The police are welcoming the proposed changes: "Clearly from a police perspective we would wholly support bail legislation that allows the police to put in place conditions when a person is bailed following arrest and interview.

"For example if we are dealing with someone for a domestic violence assault but feel there is not enough evidence to charge we can currently bail that person but cannot impose any restrictions, such as don’t contact the victim, don’t contact a witness, don’t go within 100 yards of the victim's address / work etc. etc. The new bail legislation would allow us to consider and where necessary impose any such conditions."

Bail can currently be granted to a person arrested for an offence in Jersey. But gaps in law and procedure have been causing difficulties as it is necessary to make an application to the court before someone who might breach a bail condition can be arrested. It is particularly problematic in cases of domestic violence where little can currently be done to protect the victim or prevent interference with witnesses during the ongoing investigation. 

The introduction of "Police Bail legislative provisions" was one of the recommendations made by a peer review of the States of Jersey Police in respect of the Protection of Children at Risk of harm from Domestic Abuse. In their report published in April, they noted that, "...Police Bail legislative provisions are prioritised for enactment in Jersey." They noted "...a legislative gap relating to police bail" that "may expose victims of DA/CP to unnecessary levels of risk" and "may place a pressure on the court process as offenders are then placed in court as soon as possible."

Deputy Kristina Moore, Minister for Home Affairs, commented on the proposition, stating: “There are currently gaps in law and procedures that can cause difficulties in practice when using bail. If approved, this new law will bring about positive changes to the way it’s used in the criminal justice system. Not only will it protect the rights of suspects and defendants in criminal proceedings but it will also allow appropriate bail conditions to be imposed to help protect victims and witnesses.”