A LANDMARK UK court ruling on protest laws has “no relevance” to Jersey, the Attorney General has insisted – as he firmly rejected comparisons between the Island’s new public order legislation and controversial measures introduced in England and Wales.
Attorney General designate Matthew Jowitt said Jersey’s Crime (Public Order) (Jersey) Law 2024 is “not in any way similar” to the UK’s Public Order Act 2023.
He was responding to a written question from Deputy Hilary Jeune, who asked whether Jersey’s law was similar to the UK Act and whether it could be applied in a comparable way – particularly in light of the UK case National Council for Civil Liberties v Secretary of State for the Home Department, in which the Court of Appeal struck down regulations that lowered the threshold for police intervention at protests.
Mr Jowitt explained that the UK Act introduced a raft of new, protest-specific offences – including “locking on”, tunnelling, interfering with major transport works and disrupting key national infrastructure.
Instead, Jersey’s 2024 law deals with what the Attorney General designate described as “traditional public order offences” such as riot, affray, harassment, threatening behaviour and possession of offensive weapons.
Crucially, he said, the Jersey law does not create offences aimed at peaceful protest or disruption without violence – a central and controversial feature of the UK Act.
Mr Jowitt also rejected any suggestion that Jersey’s law grants expanded powers to the police.
Unlike the UK Act, which significantly enhanced police stop-and-search powers in protest settings, he said tht Jersey’s 2024 law “does not contain any police powers” – dealing only with offences and court orders following conviction. Existing police powers remain.
Turning to the Liberty case, Mr Jowitt said it had “no relevance” to Jersey.
“The 2024 Jersey Law does not contain equivalent protest offences to those contained in the UK Act,” he explained.
“Furthermore, the 2024 Jersey Law contains no power for the States to amend the law by regulations, or a power for the minister to do so by order.
“Consequently, there is no scope for the 2024 Jersey Law to be applied in a similar way to the UK Act, and the Liberty case is of no relevance to the 2024 Jersey Law.”
The UK’s Public Order Act has been widely criticised by civil liberties groups for curbing the right to protest and giving police sweeping new powers to intervene early in demonstrations.
