Sexual Offences (Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2024

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The Sexual Offences (Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2024

 

THE STATES, in pursuance of their Resolutions of the 28^th July, 2011^[a] and the 26^th February, 2020^[b], have approved the following provisions which, subject to the Sanction of His Most Excellent Majesty in Council, shall have force of law in the Bailiwick of Guernsey.

 

Abolition of customary law offence.

1. There are hereby abolished -

 

(a) the customary law offence of indecent assault on a girl below the age of sixteen years, and

 

(b) the rules of customary law establishing and otherwise relating to that offence,

 

together referred to as "the customary law offence".

 

 

Consequential provisions.

2. (1) The abolition of the customary law offence does not -

 

(a) affect the previous operation of the customary law offence or anything duly done or suffered under it,

 

(b) affect any right, interest, title, power, privilege, status or capacity created, acquired, accrued, established or exercisable under the customary law offence,

 

(c) affect any duty, obligation, liability or burden of proof imposed, created or incurred under the customary law offence,

 

(d) affect any penalty, forfeiture or punishment incurred in respect of any conduct committed in contravention of the customary law offence, or

 

(e) affect any investigation, legal proceeding or remedy in respect of any such right, interest, title, power, privilege, status, capacity, duty, obligation, liability, burden of proof, penalty, forfeiture or punishment.

 

(2) Accordingly -

 

(a) any penalty, forfeiture or punishment referred to in subsection (1)(d) may be imposed and enforced, and

 

(b) any investigation, legal proceeding or remedy referred to in subsection (1)(e) may be instituted, continued or enforced,

 

as if the customary law offence had not been abolished.

 

Continuity of sexual offences law.

3. (1) This section applies where, in any proceedings -

 

(a) a person ("the defendant") is charged in respect of the same conduct both with an offence under the Sexual Offences (Bailiwick of Guernsey) Law, 2020 ("the 2020 Law offence") and with the customary law offence of indecent assault on a girl below the age of sixteen years,

 

(b) the only thing preventing the defendant from being found guilty of the 2020 Law offence is the fact that it has not been proved beyond a reasonable doubt that the time when the conduct took place was after the coming into force of the enactment providing for the 2020 Law offence, and

 

(c) the only thing preventing the defendant from being found guilty of the customary law offence of indecent assault on a girl below the age of sixteen years is the fact that it has not been proved beyond a reasonable doubt that the time was before the coming into force of the enactment abolishing the customary law offence of indecent assault on a girl below the age of sixteen years.

 

(2) For the purpose of determining the guilt of the defendant, it shall be conclusively presumed that the time when the conduct took place was a time after the coming into force of the enactment providing for the 2020 Law offence.

 

(3) A reference in this section to -

 

(a) an offence under the Sexual Offences (Bailiwick of Guernsey) Law, 2020, or

 

(b) the customary law offence of indecent assault on a girl below the age of sixteen years,

 

includes a reference to -

 

(i) inciting the commission of that offence,

 

(ii) conspiracy to commit that offence, and

 

(iii) attempting to commit that offence,

 

and, in relation to an offence falling within subparagraphs (i) to (iii), a reference in this section to the enactment providing for that offence so falling has effect as a reference to the enactment providing for the 2020 Law offence or, as the case may be, to the enactment abolishing the customary law offence of indecent assault on a girl below the age of sixteen years.

 

(4) This section applies to any proceedings, whenever commenced, other than proceedings in which the defendant has been convicted or acquitted of the 2020 Law offence or the customary law offence of indecent assault on a girl below the age of sixteen years before the commencement of this section.

 

Amendments.

4. (1) In the Sexual Offences (Bailiwick of Guernsey) Law, 2020 -

 

(a) in section 12(a)(i) and 17(a)(i), delete "other than A's penis", and

 

(b) in section 58(2)(d), for "penetrating the vagina, anus or mouth of ", substitute "performing an act of intercourse or oral sex with".

 

(2) In section 1(4) of the Sexual Offences (Transitional Provisions) (Bailiwick of Guernsey) Ordinance, 2023, for the words "so specified" substitute "which was repealed by that Law".

 

Interpretation.

5. For the purpose of this Law, "customary law" includes common law.

 

Extent.

6. This Law shall have effect throughout the Bailiwick of Guernsey.

 

Citation and commencement.

7. (1) This Law may be cited as the Sexual Offences (Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2024.

 

(2) This Law shall come into force on the day after it is registered on the Records of the Island of Guernsey.