CRIMINAL LAW/HUMAN RIGHTS: Attorney General v Benyoucef [2008] JRC 157

19 SEP 2008

(Royal Court (Samedi Division); M.C.St.J.Birt , Deputy Bailiff; 19 September 2008)

The father had been convicted of sexual offences and sentenced to 12 years imprisonment. The eldest two of his five children, aged 12 and 11, applied for leave to intervene in that part of the sentencing hearing concerning an application for a recommendation that the father be deported from Jersey at the end of the sentence.

The rights of the children under European Convention on Human Rights, Art 8, would be greatly affected by a decision of a court to make a recommendation. The ability of the children to intervene and to seek to persuade the court not to make a recommendation was a procedural protection of real benefit, which might have an indirect effect. Given the effect of a recommendation on a child's family life, refusing a child permission even to address the court would not be fulfilling the requirements of the procedural guarantees offered by Art 8. The children's guardian was given leave to intervene, and to be heard orally on the matter of deportation.

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