The Parish Hall – informal (non court) approaches to dealing with young offenders

The Parish Hall Enquiry is the conventional response to youth offending in Jersey (and the Parish Hall Enquiry is also used to deal with minor offences committed by adults). The Parish Hall Enquiry in Jersey dates back some 800 years and is in regular, everyday use as an alternative to formal court processing. Like the honorary system upon which it depends, it has its origins in very long-established forms of community organisation.

Characteristics of a Parish Hall Enquiry
‘Parish Hall Enquiry’ refers to the process of preliminary investigation conducted by a Centenier (Honorary Police Officer) to ascertain whether there is sufficient evidence to justify a prosecution and whether it is in the public interest to present the matter before the Court.

Any person reported for committing any offence in Jersey will appear before a Centenier who will decide what action is to be taken in respect of the alleged offence.

The Enquiry has no legal definition and is not a court of law. Enquiries are usually held in the evening, attendance is voluntary and the attendee can at any time request that the case be heard before the Magistrate.

The purpose of the Enquiry is for the Centenier to decide:-
(1) whether there is enough evidence to justify a charge;
(2) if so, whether it is in the public interest to to prosecute or whether the matter can be dealt with in some other way at the Enquiry; and
(3) if it is to be dealt with at the Enquiry, the appropriate method for this

The Enquiry is a private hearing and it is up to the Centenier as to whether an attendee may be accompanied by another person, although youths must always be accompanied by a parent or other appropriate person. Officers from the Probation Service attend all enquiries for young people under the age of 18 to offer assistance to the Centenier in his or her decision making.

Although outcomes of Parish Hall Enquiries are not published in the local newspaper, a record of every decision is maintained by the Criminal Justice Unit at Police Headquarters. Such outcomes dos not constitute criminal convictions, but are regarded as a ‘Parish Hall sanctions’.
This record may be produced at subsequent Enquiries and Court appearances within the Island. There is no requirement to declare Parish Hall sanctions on job applications or visa requests. There is no reference to sanctions meted out at a Parish Hall in the Rehabilitation of Offenders (Jersey) Law 2001 because they are not recognised as criminal convictions.

The States of Jersey Police are not an essential component in the operation of the system although most cases come before the Centenier on a reference from them. Alleged offenders can be referred to the Centenier for Enquiry by other honorary police officers of the Parish, Customs and Excise officers, Agriculture and Fisheries officials and Education Welfare Officers, Head Teachers or even members of the public.

The Centenier is required to adjudicate upon the facts of each case and decide whether or not it is in the public interest to prosecute the offender. The Centenier outlines the facts of the case as they have been presented and the attendee is asked whether or not he/she agrees with their interpretation. If the attendee does not agree that the facts of the case are an accurate representation of the incident, the Centenier is required to remand the case to the Youth Court for trial. The Centenier is not empowered to decide guilt. In usual circumstances, every attempt is made to dissuade the attendee from entering the formal system.

The Parish Hall Enquiry is a participatory forum and there is much negotiation between all the parties about the circumstances of the alleged offence and the appropriate sanction. Parents are asked for not only their opinion about the offence, but also about the sanction.

The Centenier has a number of options available:

No further action
The Centenier may offer “words of advice” to the attendee and no further action is taken regarding the offence.
There is often an element of reparation or restoration attached including a letter of apology or compensation to a victim. Since 1998, 14% of youths appearing at Enquiries were given “words of advice”. The re-offending rate is very low, only 8% of youths appearing before a Court within 12 months (16% at Parish Hall).

Written Caution
The Centenier may issue a written caution as an alternative to prosecution. This is the most popular disposal at Parish Hall, 51% of all enquiries were dealt with in this way over the last five years. The reconviction rate was equally low – 10% within
12 months (14% at Parish Hall).

Financial penalties
The Centenier may impose fines up to £100 for certain statutory offences, mainly minor motoring offences. Fining accounted for only 3% of offences at Parish Hall.

Pitstop
The Centenier may use this scheme for young people who have committed a motorcycle motoring offence. The scheme aims to teach young people to ride motorcycles safely and responsibly. Successful completion of this scheme results in a written caution as an alternative to prosecution.

Deferred Decision
The Centenier may defer the decision to a later date. The offender enters into a voluntary contract with the Centenier to stay out of trouble for a specified period and may also agree to other conditions such as paying compensation or writing a letter of apology. At the conclusion of the deferment period, the offender returns to the Parish Hall where the Centenier will either take no further action or issue a written caution. Returning to the Parish Hall is an important part of the process because it reinforces the positive behaviour through praise for a successful completion. The Parish Hall system is characterised by high levels of satisfaction from those who are subject to sanctions. Reoffending rates are very low.

Restorative Justice Conferencing
The Centenier may refer appropriate cases for victim/offender mediation. This initiative has proved very successful. In the 14 conferences conducted, victims reported satisfaction in 100% of cases.

Voluntary Supervision Orders
The Centenier may place offenders at risk of a court appearance under the supervision of the Probation Service for a number of months. An intervention programme is designed according to the individual needs of the offender. This may involve drug and alcohol education, victim awareness, restorative justice initiatives, employment and training support, bereavement counselling as well as a programme of intervention designed to prevent further offending. If the offender breaches this voluntary contract, either by failing to comply with the requirements or by re-offending, the Centenier may decide to prosecute. Voluntary Supervision Orders have shown themselves to be very successful, with low rates of re-conviction. (Five year average – 32%)

The Official Website of the 12 Parishes of Jersey (Opens in a new window)