Jersey Law 4/1999
POLICE (COMPLAINTS AND DISCIPLINE) (JERSEY) LAW 1999
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ARRANGEMENT OF
ARTICLES
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PART I
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INTERPRETATION AND
ESTABLISHMENT OF JERSEY POLICE COMPLAINTS AUTHORITY
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1.
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Interpretation
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2.
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Establishment of the Jersey
Police Complaints Authority
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PART II
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COMPLAINTS AND OTHER
MATTERS CONCERNING MEMBERS OF THE FORCE AND PORT CONTROL OFFICERS
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3.
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Interpretation of Part II
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4.
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Application of Part II
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5.
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Duty of Chief Officer in
relation to evidence
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6.
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Duty of Chief Officer in
relation to complaints register
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7.
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Preliminary procedure for a
complaint about a member of the Force or port control officer
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8.
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Referral of other matters
to the Authority
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9.
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Supervision of
investigation of member of the Force or port control officer
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10.
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Reports etc. on supervised
investigation of member of the Force or port control officer
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11.
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Steps to be taken after supervised
investigation of member of the Force or port control officer
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12.
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Powers of Authority as to
disciplinary charges
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13.
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Hearing of disciplinary charges
preferred at the direction of the Authority
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14.
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Disciplinary appeal by member of
the Force or port control officer
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15.
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Orders
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16.
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Duty of Committee to keep itself
informed
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PART III
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COMPLAINTS AND OTHER
MATTERS CONCERNING MEMBERS OF THE HONORARY POLICE
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17.
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Interpretation of Part III
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18.
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Application of Part III
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19.
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Duty of Connétable in
relation to evidence
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20.
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Duty of Connétable in
relation to complaints register
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21.
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Preliminary procedure for a
complaint about a member of the Honorary Police
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22.
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Referral of other matters
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23.
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Supervision of investigation of
member of the Honorary Police
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24.
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Reports etc. on supervised
investigation of a member of the Honorary Police
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25.
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Steps to be taken after supervised investigation
of member of the Honorary Police
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26.
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Recommendation of Authority as to
disciplinary hearing
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27.
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Disciplinary appeal by member of
the Honorary Police
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28.
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Regulations
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PART IV
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MISCELLANEOUS AND
SUPPLEMENTAL
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29.
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Reports
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30.
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Restriction on disclosure of
information
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31.
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Restrictions on subsequent
proceedings
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32.
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Amendments to Police Force (Jersey)
Law 1974 and saving
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33.
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Short title and commencement
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SCHEDULE – The Jersey Police Complaints
Authority
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POLICE (COMPLAINTS AND DISCIPLINE) (JERSEY) LAW 1999
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A LAW to
establish the Jersey Police Complaints Authority, to make provision for the
investigation of complaints about and the procedures, rights and powers
relating to disciplinary charges against members of the Force, port control
officers and members of the Honorary Police, and for related purposes,
sanctioned by Order of Her Majesty in Council of the
10th day of FEBRUARY 1999
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(Registered on the 5th day of March 1999)
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STATES OF JERSEY
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The 22nd day of
September 1998
____________
THE STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
PART I
INTERPRETATION AND ESTABLISHMENT OF
JERSEY POLICE COMPLAINTS AUTHORITY
ARTICLE
1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“the Authority” means the Jersey Police Complaints
Authority established by Article 2, or the member or members carrying out the
Authority’s duties in accordance with any Order or Regulations made under
this Law or paragraph 6 of the Schedule;
“the Chairman” means the Chairman of the Authority
appointed under sub-paragraph (2) of paragraph 1 of the Schedule;
“the Chief Officer” means the Chief Officer of the
Force;
“chief officer of some other force” means a chief
officer from a force in the British Islands;
“the Committee” means the Defence Committee;
“the Force” means the States of Jersey Police Force;
“investigating officer” means the member of the Force
or police officer from some other force appointed to carry out an
investigation;
“police officer from some other force” means a police
officer from a force in the British Islands;
“port control officer” means a member of the Port
Control Unit;
“Port Control Unit” means the unit established by
Article 13B of the Police Force (Jersey) Law 1974.
(2) A
reference in an Article or other division of this Law to a paragraph,
sub-paragraph or clause by number or letter only, and without further
identification, is a reference to the paragraph, sub-paragraph or clause of
that number or letter contained in the Article or other division of this Law in
which that reference occurs.
(3) A
reference in this Law to a Part or Article by number only or to the Schedule,
without further identification, is a reference to the Part or Article of that
number in or the Schedule to this Law.
(4) Unless
the context otherwise requires, where this Law refers to an enactment, the
reference is to that enactment as amended from time to time.
ARTICLE
2
Establishment of the Jersey Police Complaints Authority
(1) There
shall be an authority, to be known as the Jersey Police Complaints Authority.
(2) The
Schedule shall have effect in relation to the Authority.
PART II
COMPLAINTS AND OTHER MATTERS
CONCERNING MEMBERS OF THE FORCE AND PORT CONTROL OFFICERS
ARTICLE
3
Interpretation of Part II
(1) In
this Part –
“complaint” means any complaint about the conduct of a
member of the Force or port control officer which is submitted –
(a) by
a member of the public; or
(b) on
behalf of, and with the written consent of, a member of the public; or
(c) by
a member of the Force, port control officer or member of the Honorary Police
otherwise than in the course of his duty;
“register” means the register maintained under
paragraph (1) of Article 6.
ARTICLE
4
Application of Part II
(1) Nothing
in this Part has effect in relation to a complaint in so far as it relates to
the direction or control of the Force or the Port Control Unit by the Chief
Officer.
(2) If
any conduct to which a complaint wholly or partly relates is or has been the
subject of criminal or disciplinary charges, none of the provisions of this
Part which relate to the recording and investigation of complaints has effect
in relation to the complaint in so far as it relates to that conduct.
ARTICLE
5
Duty of Chief Officer in relation to evidence
Where a complaint is submitted to the Chief Officer, he shall take
any steps that appear to him to be desirable for the purpose of obtaining or
preserving evidence relating to the conduct complained of.
ARTICLE
6
Duty of Chief Officer in relation to complaints register
(1) The
Chief Officer shall maintain a register of complaints submitted to him.
(2) In
relation to each complaint submitted to him, the Chief Officer shall record in
the register –
(a) the
nature of the complaint;
(b) the
steps taken in dealing with the complaint; and
(c) the
outcome of the complaint.
(3) The
Chief Officer shall, as soon as practicable, notify a complainant in writing of
the outcome of the complaint.
(4) The
Chief Officer shall, when requested by the Authority, make the register
available to it.
ARTICLE
7
Preliminary procedure for a complaint about a member of the Force
or port control officer
(1) Upon
submission of a complaint to him, the Chief Officer shall record it in the
register.
(2) If
it appears to the Chief Officer that a complaint is suitable for informal
resolution, he shall seek to resolve it informally and may appoint a member of
the Force or a police officer from some other force to do so on his behalf.
(3) A
complaint is not suitable for informal resolution unless –
(a) the
complainant gives his consent; and
(b) the
Chief Officer is satisfied that the conduct complained of, even if proved,
would not justify a criminal or disciplinary charge.
(4) If
it appears to the Chief Officer that a complaint is not suitable for informal
resolution or that, after attempts have been made to resolve a complaint
informally, informal resolution of the complaint is impossible or the complaint
is, for any other reason, unsuitable for informal resolution, he shall –
(a) notify
the Authority of the complaint; and
(b) subject
to paragraph (3) of Article 9, appoint a member of the Force or a police
officer from some other force to investigate it formally.
(5) The
Chief Officer may ask the chief officer of some other force to provide a police
officer of his force for appointment under paragraph (2) or (4).
(6) No
officer may be appointed under this Article unless he is –
(a) of
at least the rank of inspector; and
(b) of
at least the rank of the member of the Force or port control officer against
whom the complaint is made.
(7) A
member of the Force or a police officer from some other force may not be
appointed to investigate a complaint formally if he has previously been
appointed in relation to its informal resolution.
ARTICLE
8
Referral of other matters to the Authority
The Chief Officer may refer to the Authority any matter which
–
(a) appears
to him to indicate that a member of the Force or port control officer may have
committed a criminal offence or an offence against discipline; and
(b) is
not the subject of a complaint,
if it appears to him that the matter ought to be referred by reason
of its gravity or of exceptional circumstances.
ARTICLE
9
Supervision of investigation of member of the Force or port control
officer
(1) The
Authority shall supervise the investigation –
(a) of
any complaint alleging that the conduct of a member of the Force or port
control officer resulted in the death of or serious injury to some other
person; and
(b) of
any other description of complaint that may be prescribed by Order of the
Committee.
(2) The
Authority may supervise the investigation –
(a) of
any complaint the investigation of which it is not required to supervise under
paragraph (1); and
(b) of
any matter referred to it under Article 8,
if it considers that it is desirable in the public interest that it
should supervise that investigation.
(3) Where
an investigation is supervised by the Authority, it may require –
(a) that
no appointment shall be made of a person to investigate the complaint or matter
unless it has given notice to the Chief Officer that it approves the member of
the Force or police officer from some other force whom he proposes to appoint;
or
(b) if
such an appointment has already been made and the Authority is not satisfied
with the person appointed, that –
(i) the
Chief Officer shall, as soon as is reasonably practicable, select another
member of the Force or police officer from some other force and notify the
Authority of the proposed appointment, and
(ii) that
appointment shall not be made unless the Authority gives notice to the Chief
Officer that it approves the person to be appointed.
(4) The
Committee may by Order confer power on the Authority, subject to any
restrictions or conditions specified in the Order, to impose requirements as to
a particular investigation additional to any requirement imposed by virtue of
paragraph (3).
(5) It
shall be the duty of a member of the Force, a port control officer and an
investigating officer to comply with any requirement imposed on him by virtue
of an Order made under paragraph (4).
ARTICLE
10
Reports etc. on supervised investigation of member of the Force or
port control officer
(1) If,
during the course of an investigation supervised by the Authority relating to a
complaint, it becomes clear to the investigating officer that the complaint is
frivolous or vexatious, he may report that finding to the Chief Officer and
recommend that the investigation should not be pursued further.
(2) Where
the investigating officer makes a report and recommendation to the Chief
Officer under paragraph (1), the Chief Officer may, with the concurrence of the
Authority and, in the case of a criminal allegation, with the concurrence of
the Attorney General, direct that the investigation shall not be pursued
further.
(3) At
the end of an investigation supervised by the Authority, the investigating
officer shall –
(a) submit
a report on the investigation to the Authority; and
(b) send
a copy of the report to the Chief Officer and, in the case of a criminal
allegation, to the Attorney General.
(4) After
considering a report submitted to them under paragraph (3), the Authority shall
prepare a statement –
(a) whether
the investigation has or has not been conducted to its satisfaction; and
(b) specifying
any respect in which it has not been so conducted.
(5) The
Authority may prepare separate statements in respect of the criminal and
disciplinary aspects of an investigation.
(6) The
Authority shall submit the statement to –
(a) where
the statement is in respect of a criminal allegation, the Attorney General; and
(b) in
any other case, the Chief Officer.
(7) Where
the Authority submits the statement to the Attorney General, it shall also send
a copy to the Chief Officer.
(8) Where
it is practicable to do so, the Authority shall send a copy of the statement to
–
(a) the
member of the Force or port control officer whose conduct has been
investigated; and
(b) if
the investigation related to a complaint, the complainant.
ARTICLE
11
Steps to be taken after supervised investigation of member of the
Force or port control officer
(1) Where
an investigation has been supervised by the Authority, no disciplinary charge
shall be preferred before the Chief Officer receives the statement submitted to
him or copy sent to him under paragraph (6) or (7) of Article 10.
(2) After
considering a report copied to him under paragraph (3) of Article 10 and a
statement in respect of the report submitted to him under paragraph (6) of that
Article, the Attorney General shall inform the Chief Officer and the Authority
whether or not criminal proceedings will be initiated.
(3) After
either the Attorney General has informed the Chief Officer that criminal
proceedings will not be initiated or such proceedings are concluded, the Chief
Officer shall send the Authority a memorandum, signed by him and stating
whether he intends to prefer disciplinary charges in respect of the conduct
which was the subject of the investigation and, if not, his reasons for not
doing so.
ARTICLE
12
Powers of Authority as to disciplinary charges
(1) Where,
following an investigation supervised by the Authority, the Chief Officer does
not propose to prefer disciplinary charges, the Authority may recommend him to
prefer such disciplinary charges as it may specify.
(2) Subject
to paragraph (6), the Chief Officer may not withdraw charges which he has
preferred in accordance with a recommendation under paragraph (1).
(3) If,
after the Authority has made a recommendation under paragraph (1) and consulted
the Chief Officer, he is still unwilling to prefer such charges as the
Authority consider appropriate, it may direct him to prefer such charges as it
may specify.
(4) Where
the Authority gives the Chief Officer a direction under paragraph (3), it shall
furnish him with a written statement of its reasons for doing so.
(5) Subject
to paragraph (6), it shall be the duty of the Chief Officer to prefer and
proceed with charges specified in a direction given under paragraph (3).
(6) The
Authority may give the Chief Officer leave –
(a) not
to prefer charges which paragraph (5) would otherwise oblige him to prefer; and
(b) not
to proceed with charges with which paragraph (2) or (5) would otherwise oblige
him to proceed.
(7) The
Authority may request the Chief Officer to furnish it with such information as
it may reasonably require for the purpose of discharging its functions under
this Article and the Chief Officer shall comply with any such request.
ARTICLE
13
Hearing of disciplinary charges preferred at the direction of the
Authority
(1) A
disciplinary charge preferred at the direction of the Authority given under
paragraph (3) of Article 12 shall be heard by a tribunal consisting of –
(a) subject
to paragraph (2), the Chief Officer, who shall be the chairman; and
(b) two
members of the Authority nominated by the Chairman of the Authority, being
members who have not been concerned with the case.
(2) In
the event that the Chief Officer is interested otherwise than in his capacity
as such, or that he is a material witness, the chairman of the tribunal shall
be such chief officer of some other force, as has consented to act in the case,
at the request of the Chief Officer.
(3) The
tribunal shall decide whether the member of the Force or port control officer
is guilty of the disciplinary charge and their decision may be a majority
decision.
(4) The
chairman of the tribunal, after consulting with the other members of the
tribunal, shall determine any punishment to be imposed.
(5) Where
–
(a) a
disciplinary charge is to be heard in accordance with this Article; and
(b) there
is another disciplinary charge against the member of the Force or port control
officer which, in the opinion of the Chief Officer, can conveniently and fairly
be determined at the same time,
the Chief Officer may direct that this Article shall apply also to
the hearing of the other charge.
ARTICLE
14
Disciplinary appeal by member of the Force or port control officer
(1) A
member of the Force or port control officer who is found guilty of a
disciplinary charge, whether at a hearing held under Article 13, on the
recommendation of the Authority or otherwise, may appeal against –
(a) the
decision on the disciplinary charge; and
(b) the
punishment imposed.
(2) An
appeal shall be made to the Authority, which will advise the Bailiff and ask
him to set up a panel of three Jurats to hear the appeal.
(3) Subject
to paragraph (4), an appeal must be made within the period of 21 days beginning
on the day the appellant is notified in writing of the decision against which
he wishes to appeal.
(4) Where
the Authority is satisfied, on the application of the appellant, that by reason
of the special circumstances of the case it is just and right so to do, it may
extend the period within which an appeal must be made.
(5) The
appellant may conduct his appeal in person or be represented by an advocate or
a solicitor or by a member of the Force selected by him.
(6) The
panel of Jurats may –
(a) allow
the appeal;
(b) dismiss
the appeal; or
(c) subject
to paragraph (7), substitute some other punishment.
(7) The
panel of Jurats may not substitute another punishment unless it appears –
(a) that
the person or persons who heard the disciplinary charge could have imposed it;
and
(b) that
it is less severe than the punishment imposed by that person or those persons.
(8) Subject
to paragraph (9), all the costs and expenses of an appeal under this Article,
including the costs of the parties, shall be defrayed out of the revenue of the
States.
(9) The
panel of Jurats may direct an appellant to pay the whole or any part of his own
costs.
ARTICLE
15
Orders
(1) The
Committee may by Order make provision –
(a) for
the informal resolution of complaints about members of the Force and port
control officers, for giving any such officer an opportunity to comment orally
or in writing on the complaint, and for giving the person who made the
complaint a record of the outcome of any such procedure;
(b) for
the investigation of any complaint or matter in respect of a member of the
Force or port control officer, whether supervised by the Authority or
otherwise;
(c) for
the discipline code for members of the Force and port control officers;
(d) for
the hearing of disciplinary charges against a member of the Force or port
control officer, whether preferred on the recommendation or at the direction of
the Authority or otherwise, including provision for the representation of such
a member or officer at such a hearing and for the disclosure of documents to
him for the purposes of the hearing;
(e) for
the suspension of a member of the Force or port control officer pending the
investigation of any complaint or matter;
(f) for
the punishment by way of dismissal, requirement to resign, reduction in rank,
reduction in rate of pay, fine, reprimand or caution of a member of the Force
or port control officer found guilty of an offence against discipline;
(g) for
the hearing of an appeal by a member of the Force or port control officer found
guilty of an offence against discipline;
(h) for
the procedures of the Authority in discharging its functions under this Part,
including the discharge of any function of the Authority by one or more of the
Authority’s members; and
(j) for
the purpose of carrying this Part into effect.
(2) The
Committee may prescribe by Order anything which may or shall be prescribed for
the purposes of this Part.
(3) An
Order made under this Part may make different provision for different cases and
contain such incidental and supplementary provisions as the Committee think
necessary.
(4) The
Subordinate Legislation (Jersey) Law 1960 shall
apply to Orders made under this Part.
ARTICLE
16
Duty of Committee to keep itself informed
The Committee, in carrying out its duty with respect to the
maintenance of an adequate and efficient Force and Port Control Unit, shall
keep itself informed as to the working of this Part in relation to the Force
and Port Control Unit.
PART III
COMPLAINTS AND OTHER MATTERS
CONCERNING MEMBERS OF THE HONORARY POLICE
ARTICLE
17
Interpretation of Part III
In this Part, unless the context requires otherwise –
“complaint” means any complaint about the conduct of a
member of the Honorary Police which is submitted to the Connétable of
the Parish in which that member serves –
(a) by
a member of the public; or
(b) on
behalf of, and with the written consent of, a member of the public; or
(c) by
a member of the Force, port control officer or member of the Honorary Police
otherwise than in the course of his duty;
“register” means, in relation to each Parish, the
register maintained for it under paragraph (1) of Article 20.
ARTICLE
18
Application of Part III
If any conduct to which a complaint wholly or partly relates is or
has been the subject of criminal charges or a disciplinary hearing, none of the
provisions of this Part which relate to the recording and investigation of
complaints has effect in relation to the complaint in so far as it relates to
that conduct.
ARTICLE
19
Duty of Connétable in relation to evidence
Where a complaint is submitted to a Connétable, he shall
take any steps that appear to him to be desirable for the purpose of obtaining
or preserving evidence relating to the conduct complained of.
ARTICLE
20
Duty of Connétable in relation to complaints register
(1) Each
Connétable shall maintain a register of complaints submitted to him
about members of the Honorary Police serving in his Parish.
(2) In
relation to each complaint submitted to him, a Connétable shall record
in the register maintained by him –
(a) the
nature of the complaint;
(b) the
steps taking in dealing with the complaint; and
(c) the
outcome of the complaint.
(3) A
Connétable shall, as soon as practicable, notify a complainant in
writing of the outcome of the complaint.
(4) A
Connétable shall, when requested by the Authority, make available to it
the register maintained by him.
(5) A
Connétable shall, when requested by the Attorney General, make available
to the Attorney General the register maintained by him.
ARTICLE
21
Preliminary procedure for a complaint about a member of the
Honorary Police
(1) Upon
submission of a complaint to him, a Connétable shall –
(a) record
it in the register; and
(b) notify
the Attorney General that the complaint has been made.
(2) If
it appears to the Attorney General that a complaint is suitable for informal
resolution, he shall direct the Connétable to seek to resolve it
informally.
(3) A
complaint is not suitable for informal resolution unless –
(a) the
complainant gives his consent; and
(b) the
Attorney General is satisfied that the conduct complained of, even if proved,
would not justify a criminal charge or disciplinary hearing.
(4) If
it appears to the Connétable, after attempts have been made to resolve a
complaint informally, that informal resolution of the complaint is impossible,
he shall inform the Attorney General.
(5) If
it appears to the Attorney General that a complaint is not suitable for
informal resolution, or the Connétable informs him that informal
resolution of a complaint is impossible, the Attorney General shall –
(a) notify
the Authority of the complaint; and
(b) direct
the Connétable to request the Chief Officer to appoint a member of the
Force or a police officer from some other force, of at least the rank of
inspector, to carry out an investigation.
(6) Subject
to paragraph (3) of Article 23, the Chief Officer shall comply with a request
made pursuant to sub-paragraph (b) of paragraph (5) and may ask the chief
officer of some other force to provide a police officer of his force for
appointment.
ARTICLE
22
Referral of other matters
(1) A
Connétable shall refer to the Attorney General any matter which –
(a) appears
to him to indicate that a member of the Honorary Police may have committed a
criminal offence or an offence against discipline; and
(b) is
not the subject of a complaint.
(2) The
Attorney General may refer to the Authority any matter referred to him under
paragraph (1) which –
(a) appears
to him to indicate that a member of the Honorary Police may have committed a
criminal offence or an offence against discipline; and
(b) is
not the subject of a complaint,
if it appears to him that the matter ought to be referred by reason
of its gravity or of exceptional circumstances.
ARTICLE
23
Supervision of investigation of member of the Honorary Police
(1) The
Authority shall supervise the investigation –
(a) of
any complaint alleging that the conduct of a member of the Honorary Police
resulted in the death of or serious injury to some other person; and
(b) of
any other description of complaint that may be specified in Regulations made by
the States.
(2) The
Authority may supervise the investigation –
(a) of
any complaint the investigation of which it is not required to supervise under
paragraph (1); and
(b) of
any matter referred to it under paragraph (2) of Article 22,
if it considers that it is desirable in the public interest that it
should supervise that investigation.
(3) Where
an investigation is supervised by the Authority, it may require –
(a) that
no appointment shall be made of a person to investigate the complaint or matter
unless it has given notice to the Connétable and the Attorney General
that it approves the member of the Force or police officer from some other
force proposed to be appointed; or
(b) if
such an appointment has already been made and the Authority is not satisfied
with the person appointed –
(i) that
the Connétable shall, as soon as is reasonably practicable, request the
Chief Officer to select another member of the Force or police officer from some
other force and notify the Authority of the person the Chief Officer proposes
to appoint, and
(ii) that
appointment shall not be made unless the Authority gives notice to the
Connétable and the Attorney General that it approves the person to be
appointed.
(4) The
States may by Regulations confer power on the Authority, subject to any
restrictions or conditions specified in the Regulations, to impose requirements
as to a particular investigation additional to any requirement imposed by
virtue of paragraph (3).
(5) It
shall be the duty of a member of the Honorary Police and an investigating
officer to comply with any requirement imposed on him by virtue of Regulations
made under paragraph (4).
ARTICLE
24
Reports etc. on supervised investigation of a member of the
Honorary Police
(1) If,
during the course of an investigation supervised by the Authority relating to a
complaint, it becomes clear to the investigating officer that the complaint is
frivolous or vexatious, he may report that finding to the Attorney General and
recommend that the investigation should not be pursued further.
(2) Where
the investigating officer makes a report and recommendation to the Attorney
General under paragraph (1), the Attorney General may, with, in the case of a
disciplinary allegation, the concurrence of the Authority, direct that the
investigation shall not be pursued further.
(3) At
the end of an investigation supervised by the Authority the investigating
officer shall –
(a) submit
a report on the investigation to the Authority; and
(b) send
a copy of the report to the Connétable and to the Attorney General.
(4) After
considering a report submitted to it under paragraph (3), the Authority shall
prepare a statement –
(a) whether
the investigation has or has not been conducted to its satisfaction; and
(b) specifying
any respect in which it has not been so conducted.
(5) The
Authority may prepare separate statements in respect of the criminal and
disciplinary aspects of an investigation.
(6) The
Authority shall submit the statement to the Attorney General and send a copy to
the Connétable.
(7) Where
it is practicable to do so, the Authority shall send a copy of the statement to
–
(a) the
member of the Honorary Police whose conduct has been investigated; and
(b) if
the investigation related to a complaint, the complainant.
ARTICLE
25
Steps to be taken after supervised investigation of member of the
Honorary Police
(1) Where
an investigation has been supervised by the Authority, no disciplinary hearing
shall be held before the Attorney General receives the statement submitted to
him under paragraph (6) of Article 24.
(2) After
considering a report copied to him under paragraph (3) of Article 24 and the
statement in respect of the report submitted to him under paragraph (6) of that
Article, the Attorney General shall inform the Authority whether or not
criminal proceedings will be initiated.
(3) After
either the Attorney General has informed the Authority that criminal
proceedings will not be initiated, or such proceedings are concluded, he shall
send the Authority a memorandum, signed by him and stating whether he intends
to hold a disciplinary hearing in respect of the conduct which was the subject
of the investigation and, if not, his reasons for not doing so.
ARTICLE
26
Recommendation of Authority as to disciplinary hearing
(1) Where,
following an investigation supervised by the Authority, the Attorney General
does not propose to hold a disciplinary hearing, the Authority may recommend
him to hold such a hearing and in such an event shall furnish him with a
written statement of its reasons for so recommending.
(2) The
Authority may request the Attorney General to furnish it with such information
as it may reasonably require for the purpose of discharging its functions under
this Article and the Attorney General shall comply with any such request.
ARTICLE
27
Disciplinary appeal by member of the Honorary Police
(1) A
member of the Honorary Police found guilty of an offence against discipline,
whether at a hearing held on the recommendation of the Authority or otherwise,
may appeal against –
(a) the
decision on the disciplinary charge; and
(b) the
punishment imposed.
(2) An
appeal shall be made to the Authority, who will advise the Bailiff and ask him
to set up a panel of three Jurats to hear the appeal.
(3) Subject
to paragraph (4), an appeal must be made within the period of 21 days beginning
on the day the appellant is notified in writing of the decision against which
he wishes to appeal.
(4) Where
the Authority is satisfied, on the application of the appellant, that by reason
of the special circumstances of the case it is just and right so to do, it may
extend the period within which an appeal must be made.
(5) The
appellant may conduct his appeal in person or may be represented by an advocate
or a solicitor or by a member of the Force or member of the Honorary Police
selected by him.
(6) The
panel of Jurats may –
(a) allow
the appeal;
(b) dismiss
the appeal;
(c) subject
to paragraph (7), substitute some other punishment.
(7) The
panel of Jurats may not substitute another punishment unless it appears –
(a) that
the person or persons who heard the disciplinary charge could have imposed it;
and
(b) that
it is less severe than the punishment imposed by that person or those persons.
(8) Subject
to paragraph (9), all the costs and expenses of an appeal under this Article,
including the costs of the parties, shall be defrayed out of the revenue of the
States.
(9) The
panel of Jurats may direct an appellant to pay the whole or any part of his own
costs.
ARTICLE
28
Regulations
(1) The
States may by Regulations make provision –
(a) for
the informal resolution of complaints about members of the Honorary Police, for
giving any such member an opportunity to comment orally or in writing on the
complaint, and for giving the person who made the complaint a record of the
outcome of any such procedure;
(b) for
the investigation of any complaint or matter in respect of a member of the
Honorary Police, whether supervised by the Authority or otherwise;
(c) for
the conduct of a disciplinary hearing in respect of a member of the Honorary
Police, whether held on the recommendation of the Authority or otherwise,
including provision for the representation of such a member at such a hearing
and for the disclosure of documents to him for the purposes of the hearing;
(d) for
the suspension of a member of the Honorary Police pending the investigation of
any complaint or matter;
(e) for
the punishment by way of dismissal, requirement to resign, suspension, censure
or reprimand of a member of the Honorary Police found guilty of an offence
against discipline;
(f) for
the hearing of an appeal by a member of the Honorary Police found guilty of an
offence against discipline;
(g) for
the procedures of the Authority in discharging its functions under this Part,
including the discharge of any function of the Authority by one or more of the
Authority’s members; and
(h) for
the purpose of carrying this Part into effect.
(2) The
States may specify by Regulations anything which may or shall be specified for
the purposes of this Part.
(3) Regulations
made under this Part may make different provision for different cases and
contain such incidental and supplementary provisions as the States think
necessary.
PART IV
MISCELLANEOUS AND SUPPLEMENTAl
ARTICLE
29
Reports
(1) The
Authority shall, at the request of the Committee or the Attorney General,
report on such matters relating generally to the Authority’s functions as
the Committee or the Attorney General may specify, and the Authority may for
that purpose carry out research into any such matters.
(2) The
Authority may report to the Committee on any matters coming to its notice under
this Law to which it considers that the Committee’s attention should be
drawn by reason of their gravity or of other exceptional circumstances.
(3) The
Authority shall send a copy of any report made under paragraph (2) to the
Attorney General, the Chief Officer and to the Comité des
Connétables.
(4) As
soon as practicable after the end of each calendar year –
(a) the
Authority shall prepare a report upon the discharge of its functions during
that year and submit it to the Committee; and
(b) the
Committee shall present the report to the States.
(5) The
Chairman shall report to the Committee upon the administration and operation of
the Authority when requested to do so by the Committee.
ARTICLE
30
Restriction on disclosure of information
(1) No
information received by the Authority in connection with any of its functions
shall be disclosed by any person who is or has been a member, officer or
servant of the Authority except –
(a) to
the Committee, the Attorney General, or a member, officer or servant of the
Authority or, so far as may be necessary for the proper discharge of the
functions of the Authority, to other persons; or
(b) for
the purposes of any criminal, civil or disciplinary proceedings; or
(c) in
the form of a summary or other general statement made by the Authority which
does not identify the person from whom the information was received or any
person to whom it relates.
(2) Any
person who discloses information in contravention of paragraph (1) shall be
guilty of an offence and liable to a fine.
ARTICLE
31
Restrictions on subsequent proceedings
(1) Subject
to paragraph (2), no statement made by any person for the purpose of the
informal resolution of a complaint under Part II or Part III shall be
admissible in any subsequent criminal, civil or disciplinary proceedings.
(2) A
statement is not rendered inadmissible by paragraph (1) if it consists of or
includes an admission relating to a matter which does not fall to be resolved
informally.
ARTICLE
32
Amendments to Police Force (Jersey) Law 1974 and saving
(1) In
Article 4 of the Police Force (Jersey) Law 1974 (in this
Article referred to as “the 1974 Law”), in paragraph (4), for the
words “, the retirement and the suspension” there shall be
substituted the words “and the retirement”.
(2) In
Article 8 of the 1974 Law –
(a) in
paragraph (3), sub-paragraphs (c) and (d) shall be deleted; and
(b) paragraphs
(4), (5), (6) and (7) shall be deleted.
(3) In
Article 13C of the 1974 Law, in
paragraph (4), sub-paragraphs (b) and (c) shall be deleted.
(4) Notwithstanding
the amendments made by the foregoing provisions of this Article, any provision
of an Order or Regulations made under the 1974 Law which relates to the
investigation and determination of complaints, suspension and disciplinary
offences, which is not superseded by a provision of this Law and which is in
force immediately before this Article comes into force, shall continue in force
as if made under this Law.
ARTICLE
33
Short title and commencement
(1) This
Law may be cited as the Police (Complaints and Discipline) (Jersey) Law 1999.
(2) This
Law shall come into force on such day as the States may by Act appoint, and
different days may be appointed for different provisions of this Law and for
different purposes.
G.H.C. COPPOCK
Greffier of the States.
SCHEDULE
(Article 2(2))
THE JERSEY POLICE COMPLAINTS AUTHORITY
Constitution of the Authority
1.-(1) The Authority
shall consist of a Chairman and not less than six or more than eight other
members.
(2) The
Chairman and other members shall be appointed by the States on the
recommendation of the Committee.
(3) Both
the Chairman and other members of the Authority shall be appointed for a term
of three years.
(4) A
person may not be a member of the Authority if –
(a) he
is or has previously been a member of the Force, port control officer, member
of the Honorary Police or member of any other police force; or
(b) he
is a member of the States or a Jurat.
Incorporation of the Authority
2. The
Authority shall be a body corporate.
Members
3.-(1) A member may
resign from office at any time.
(2) Any
resignation by a member must be in writing and made to the Committee and the
Committee will notify the States of it at the first available opportunity
thereafter.
(3) Any
member of the Authority may be removed from office by the States, on the
recommendation of the Committee, if the States are satisfied that –
(a) he
has without reasonable cause failed to carry out his duties;
(b) he
has been convicted of a criminal offence;
(c) he
has become bankrupt;
(d) he
is incapacitated by physical or mental illness; or
(e) he
is otherwise unable or unfit to perform his duties.
Administration and expenses
4.-(1) The Authority may
appoint a secretary and such officers as it thinks fit.
(2) There
shall be paid out of the revenue of the States such salaries and allowances to
the secretary and any other officers of the Authority and such expenses of the
Authority and its members as the Committee may determine.
(3) The
Committee will cause to be kept records and accounts of the finances of the
Authority.
Meetings
5.-(1) The Authority
will meet at least once every year and also, from time to time as necessary.
(2) In
the absence of the Chairman, any other member will be entitled to take the
Chair.
(3) A
quorum at any meeting shall be not less than four members.
(4) The
Chairman will meet the Committee at least once a year, at the time of
presenting the Authority’s report prepared pursuant to paragraph (4) of
Article 29, and will attend other meetings if requested to do so.
Method of operation
6.-(1) Subject to any
Order or Regulations made under this Law –
(a) the
Authority will carry out its duties in such a manner as it from time to time
determines and may regulate its own procedures; and
(b) the
Chairman may make arrangements for the discharge, under the general direction
of the Authority, of any of the Authority’s functions by one or more of
the Authority’s members.
(2) The
Authority will prepare guidelines for the Authority’s members to assist
in the carrying out their duties.