THE Home Affairs Minister has sent shock waves through the legal profession by authorising the indefinite detention of suspects without charge.
On 5 June, Senator Wendy Kinnard amended the criminal code that had limited pre-charge detention to 36 hours.
She did so under delegated powers enjoyed by the minister under the terms of the Police Procedures and Criminal Evidence (Jersey) Law.
However, that same law states that before such changes to codes are made, the minister is required to publish a draft of the changes and consult interested parties. She did neither of these things – a failure that has left the Island’s criminal lawyers stunned.
The new code came into force on Thursday, but no statement was released to either the media or the legal profession.
29 Article Comments
Another one to boot out then? Are our ministers just trying to annoy everyone? Bye Bye Wendy!
No it is not April 1st. Is it not strange how this happens immediatly after the US Supreme Court has effectivily banned indenfinate detention at Guantanamo Bay. Next we will see strange comings and goings at Elizabeth Castle (which will be shut to the public because the DUKWs will be found unsafe) and hey presto Rendition! Yes the Americans are going to move all of their prisoners from Guantanamo Bay Cuba to Elizabeth Castle Jersey arguably exchanging one Banana Republic for another. On that note at least Castro had the decency to resign. On a final note what is Jersey French for Viva El Presidente!
This news scares me SO much. There are instances where the abuse of power has created unjust situations and when that power lies in the hands of those poorly equipped to manage it then it becomes a recipe for disaster on a human rights front that beggars belief.
Thanks goodness Jersey has not signed up to any major human rights treaties because we would be breaching them in such a way as to be placed in the same axis of evil as North Korea and Iran.
God save us cried the Ancient Mariner. But the people of Jersey are also screaming the same plea.
Oh great. arrested for as long as the over zealous police force wish.
cant wait for the first human rights case to be brought against the police for this one.
i’m speechless at this news.. this extension of pre-charge detention to indefinetly is an absolute traversty that i consider one of the most shocking things to have ever come out of the states of jersey.. who does wendy kinnard think she is to be able to initiate such a crucial change to the law without reference to ‘interested parties’ as required by law? this is doubly confusing what with the huge debates that have been happening in the uk to increase their detention limit to 42 days.. why have we not had a similar debate on the issue here in jersey?!?
in my opinion, the issues of gst and harcourt pale into insignificance compared to this issue..
everyone please email a member of the states about this asap.. this law has to be reppealed now!
for a list of states members’ email addresses:
http://www.statesassembly.gov.je/members.asp
Has she completely lost the plot?
Hard to believe that any politician could be this abusive to basic human rights.
If this article is accurate I find it absolutely incredible; firstly, should the Law allow an individual (the Minister) to make such a decision without control is very reprehensible and I find it very strange that it even managed to pass through the Privy Council (which has to approve all Laws proposed in Jersey). The legal profession as a whole should be held remiss for not having spotted this proposal beforehand, and, to be frank, have a cheek in casting blame after the event.
Having said that, where did the Minister get her advice (presuming she took some) before making such an Order - what on earth were the Law Officers and her own Chief Officer(of Police) thinking of.
Jersey is supposed to be a democracy, (I say this despite the fact that though I, as someone who has to pay a full 20 per cent of my sole income, who was born, has lived and worked in Jersey for all of my working life, have not got a vote because I don,t have an “address” ) but I find it incredible that one individual can be given the power to make such an Order without obligatory review or independent scrutiny.
If this is an indication of the manner in which the new Ministorial structure has been framed then it is both appalling and frightening.
GaryC
I am in shock still. Why the need for this? Why so quickly without consultation? What is going on?
This is an absolute disgrace. The banana logo now seems perfect, given the Banana Republic behaviour of our Ministers. What next, a State visit from Robert Mugabe?
Totally disgraceful that one Minister can make such a decission. Where is Jersey heading?
This is very worying news indeed. This is not a law that you would expect from a democracy. As someone elese pointed out this is really a ‘recipe for disaster’
Should do wonders for the tourist and finance industry.
May as well bank and holiday in any other Banana Republic.
Maybe she was inspired by Robert Mugabe.
And in such a small island! Indeed “Where is Jersey heading?”
The crucial question is, who prompted the minister to change the law ? She had been very recently interviewed by the States of Jersey Police, for whom she is or was responsible and was forced to step down from any ministerial control of the abuse enquiry, as a result of that interview with the very body that she is meant to oversee.
Jersey seems to be going backwards-how draconian cah it get? Sack her i say!!
Nonsense, she is doing the Island a huge favour, now we can get the States ministers under lock and key where they belong. We could let them out, once a year, for Public Ridicule Day which should be held on the annual re-opening of the States.
Frank if you are reading, I would suggest that you extend your holiday…
This report must be a mistake mustn’t it? How could it possibly be true, and why would any politician outside of a dictatorship remove the ancient right of habeus corpus without so much as a debate?
How weak must a political system be to give an individual minister the power to do that?
Has every politician in Jersey gone completely insane? It seems so from the outside, and probably more so from the inside, judging from the blogs of the poor people who have to live under this random and pernicious regime.
If true, I doubt that this will be allowed to stand by the UK Home Office or the Privy Council.
Coming in the same week as the hugely contentious and divisive UK decision to extend detention without trial to 42 days, this dictat seems consciously designed to attract criticism and opprobrium from around the world.
Wendy what have you done?
This has to be a mistake…please say it is a mistake.
One of the readers above mentioned Robert Mugabe.
This action of Wendy Kinnard goes to show that our ancestors fought for freedom for no avail.
We have won the right to be free and have a democracy, but she has now turned Jersey into another Zimbabwe.
Its not just about the fact she did not have a debate or public consultation etc, but the fact she changed the law to how she see’s fit. What next, detention to anyone who speaks out against the States? Arrested and detained for protesting?
Like Robert Mugabe she changes the rules to suit her and her colleagues in power.
How is it she has more power than the UK Prime Minister?
Jersey is proud of its history and always remembers the war heroes, but Wendy has turned her back on this and democracy.
Time for change. Time for an Early Election
We have sunken to new depths that were inconceivable only a few days days amist the Harcourt debacle. Our government is rudderless, inept and astonishingly arrogant. We deserve better.
Ditch the ministers and give the running power back to the conatable of each parish, They are all up for election soon so we can weed out the week ones.
I have just read that our Wendy is a member of the human rights organisation Liberty “Promoting Civil Liberties, Protecting Human Rights” currently “battling against pre-charge detention” - the mind boggles. I can’t help but wonder why we need detention without charge - perhaps the complex terrorist plots in Jersey require extended investigation? Perhaps the public or experts in the fields of criminology, human rights or policing should be consulted before a code is amended that breaches both civil liberties and the ECHR? Maybe a peruse of the Human Rights (Jersey) Law, 2000 Wendy?
Fortunately or unfortunately depending on your point of view this is probably more cock-up than conspiracy. The legislation (that WK used) will enact certain things as law that can’t be changed, then allow for codes of practice which can be changed for administrative purposes. It was probably merely intended to change what rank in the police could authorise detention up to the maximum of 36 hours when the authority of a magistrate is required; not to allow for indefinite detention which appears to be against the Act (which specifies this maximum 36 hour period) and is certainly contrary to the European Convention on Human Rights which is now part of Jersey Law. This still begs the question of whether we trust or want a government that accidentally suspends Habeas Corpus.
What is frightening, very frightening, so be very afraid is that the Police according to the JEP merely accepted the change and got on with it. If the JEP is right, do we have a police force which will enforce and take advantage of any piece of legislation enacted? Regardless of how cruel, inhumane or Fascist it happens to be? Judging by the fact that not so much as a whimper came out of Rouge Bouillon it appears we have a police force which is prepared to support any government which takes control of Jersey. The States of Jersey Police (or its senior officers) needs to tell us where they would draw the line and refuse to enforce the law. If the suspension of habeas corpus is not a step too far, what about the legal persecution of an ethnic minority, confiscation of property, deportation, the enforced wearing of identification markings on the clothes, where would they draw the line?
There is not one democracy in the world that allows indefinite detention without charge. Canada 1 day, US 2 and even Zimbabwe a supposed democracy still has laws that do not allow detention without charge. Maybe the ministers in the States have decided the only way to keep the criticism away is to lock up all their opponents.
This is just one more example of the jokers we’ve got for a government.
None of them would stand a chance in any political position in the UK, not one. They are clueless.
We need to slim our government down ASAP. This would solve the black hole straight away (no legions of minions to investigate stuff for them, but more importantly fewer “ideas” will be getting executed, therefore reduced cap ex!)
I have just read that the Wendy Kinnard’s order has been reversed. It just shows how much of a joke they all are - they’re making it up as they go along, and it is embarrassing, and harmful to Jersey’s reputation (making it look more like a sanitorium than it really is)!
It’s understandable that everyone is condemning Wendy Kinnard’s reprehensible behaviour, but what I want to know is who, and how soon,someone in the States is going to reverse this decision.And what is going to be done to avoid this totalitarian conduct happening again.
Surely if she has broken the law herself by failing to publish a draft or consult interested parties, either the change cannot stand or, as a lawbreaker herself, she can now be detained indefinitely so we need never hear from her again !
I have just read this latest fiasco whilst on holiday. Errors of such magnitude would, in most jurisdictions, require the relevant Minister and Officer to resign forthwith. I shall not be holding my breath, of course - Senator Kinnard and several other colleagues have been equally culpably inept in recent times without meaningful censure.
Perhaps a Committee system of Government would prevent solo journeys into public ridicule … ?
Roll on Election time, and Senator Kinnard’s withdrawal from Public life.
She’s having a laugh