Allegations of Sexual Offences

This Direction is supplemental to the Attorney General’s Direction issued in relation to the conduct of Parish Hall Enquiries, and is subject to the Direction in relation to the prosecution of offenders under the age of fourteen years.

This Direction relates to allegations of sexual offences.

In relation to sexual offences, whatever their severity, if the evidential test is passed, the public interest will almost always be in favour of a prosecution.

It will only be in very unusual cases that prosecution will not be warranted.

Accordingly henceforth I direct:

1. that no allegation of a sexual offence, where the evidential test is passed, should be dealt with other than by way of prosecution without the consent of a Crown Advocate or Legal Adviser employed by the Law Officers’ Department;
2. if, with the consent of a Crown Advocate or Legal Adviser employed by the Law Officers’ Department, the Centenier is permitted to caution, warn or take no further action against the suspect, then the Centenier must record in writing the reasons for the decision not to prosecute, the name of the lawyer with whom they discussed the matter with at the Law Officers’ Department and return the written record to States of Jersey Police Headquarters within 14 days and confirm that they advised the suspect that, in any event, the Attorney General is entitled to prosecute the suspect for the alleged sexual offence if the Attorney General is satisfied that the decision not to do so was incorrect.

Issued: 29 February 2016

Reviewed: 3 September 2025