Law change sees "serious" teen offender sent back to Youth Court

Friday 13 December 2024

A teenager has been released on bail after a new law came into force just four days after his conviction – making his crime of affray less serious than originally thought.

The 17-year-old, who cannot be named for legal reasons, already had several convictions to his name when he was convicted of "a serious offence", Deputy Bailiff Robert MacRae wrote in a judgment on the case.

The teen pleaded guilty to grave and criminal assault in the Youth Court, and was then sent to the Royal Court because of "the gravity of the circumstances of the offence".

Once at the Royal Court, it was decided that the 'grave and criminal assault' offence would be substituted for 'affray' – an offence which involves fighting between people in a public place that disturbs the peace.

At the time of the teen's indictment, affray was considered a customary law offence – a crime that not set out in statutory or common law. Customary law is usually unwritten and rooted in the culture and social norms of a community.

Rather than written guidelines, sentencing is usually based on reference to previous cases.

But just four days after the teen's conviction, a new law came into force that officially gave the charge of affray a statutory maximum sentence.

Under the Crime (Public Order) (Jersey) Law 2024, which came into force on on 18 October 2024, all public order offences in Jersey can now be punished by up to five years' imprisonment. 

After it emerged that the teenager could not be sentenced under this law as it came in four days after his conviction, the Royal Court then sent the teenager back to the Youth Court where he will finally be sentenced.

The teenager was released on bail.