Deputy Gregory Guida said that making domestic abuse a specific offence was one of his top priorities and that law-drafters were working on a framework as to how a register – similar to the Sexual Offenders Register – would work in practice. Currently domestic abuse is seen as an aggravating factor in cases such as assault and harassment.
A register was one of the key recommendations of Jersey’s first domestic-homicide review last week, following the death of Pamela Nisbet, who was stabbed by her son Andrew in 2019. The review found that domestic abuse, including coercive control, was involved and that lessons needed to be learned from the tragic case.
Deputy Guida said: ‘You can imagine how useful the register would be.’
It would be used ‘very much like’ the Sex Offenders Register, ‘to prevent further offending’, said Deputy Guida.
The law is expected to include domestic violence protection notices, which have been available since 2010 in England and Wales. Under the terms of a DVPN, senior police officers can issue a notice before a charge has been made to anyone over 18 ‘where it is necessary’ to protect a person over the age of 16 from domestic abuse, including preventing someone from coming near or entering their home, or requiring them to leave if they live together.
The senior officer has to provide justification for their decision, and ensure it is both proportionate and necessary. While breaching these notices is not a crime with a formal sanction, an officer can arrest someone they reasonably believe has breached this order.
It is hoped that this would mean fewer complaints of domestic abuse would be withdrawn.
One of the remaining questions for policy-makers over whether a register is included ‘is how to make sure the power to put someone on the register is not abused’, said Deputy Guida, who added: ‘It is a big restriction of someone’s freedom’.
Jersey’s current legislation means those convicted of a sexual offence must notify the police of their details, including their name and address, and any change of address.
The law also allows the Home Affairs Minister to order offenders to tell authorities whether they are leaving Jersey and to inform them of their travel plans.
Commenting on the proposed law, Deputy Guida said: ‘One of the key things is that domestic abuse itself is made a crime.’
He added that the law meant there could be prosecutions specifically for domestic abuse, and this would show up on a person’s record, rather than as assault or for public order offences which involved domestic abuse.
‘This is quite a big advance,’ said Deputy Guida.
Another ‘key’ aspect of the proposed law is that it recognises domestic abuse as an offence between any family relationship or personal connections that live together – not just intimate relationships.
Extending this remit to households was particularly important, Deputy Guida said, following the case involving Mrs Nisbet, who had tried to evict her son prior to her death. Deputy Guida said he hoped he would be able to bring the law to the States before the end of his term in office, as it was also a priority for the former Home Affairs Minister, Constable Len Norman, who passed away in June this year.
