Police Procedures
and Criminal Evidence (Jersey) Law 2003
A LAW to make further provision in
relation to the powers and duties of the police, persons in police or customs
detention, criminal evidence and the conduct of criminal proceedings; and for
purposes connected therewith and incidental thereto.
Adopted by the
States 5th November 2002
Sanctioned by
Order of Her Majesty in Council 17th December 2002
Registered by the
Royal Court 3rd
January 2003
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
PART 1
INTERPRETATION
1 General
interpretation
(1) In
this Law, unless the context otherwise requires –
“1996 Law” means the Prevention of
Terrorism (Jersey) Law 1996;[1]
“Agent of the Impôts”
and “officer of
the Impôts” shall be construed in
accordance with Article 4 of the Customs
and Excise (Jersey) Law 1999;[2]
“analysis”, in relation to a skin
impression, includes comparison and matching;
“appropriate consent” means –
(a) in
relation to a person who has attained the age of 17 years, the consent of that
person;
(b) in
relation to a person who has not attained the age of 17 years, but has attained
the age of 14 years, the consent of that person and his parent or guardian; and
(c) in
relation to a person who has not attained the age of 14 years, the consent of
his parent or guardian;
“Chief Officer” means the Chief Officer of the Force;
“civilian support officer” means a person designated to perform duties and functions as such by
the Chief Officer;
“Class A drug” has the meaning given in Article 3 of the Misuse of Drugs (Jersey) Law 1978;[3]
“Committee” means the Home Affairs Committee;
“confession” includes any statement wholly or partly adverse to the person who
made it, whether made to a person in authority or not and whether made in words
or otherwise;
“custody officer” shall be construed in accordance with Article 34;
“designated police station”
shall be construed in accordance with Article 33;
“document” means anything in which information of any description is recorded;
“drug trafficking” and “drug trafficking offence”
have the same meaning as in the Drug Trafficking Offences (Jersey) Law 1988;[4]
“excluded material” has the meaning assigned to it by Article 6(1);
“fingerprints”, in relation to any person, means a record (in any form and produced
by any method) of the skin pattern and other physical characteristics or
features of –
(a) any
of that person’s fingers; or
(b) either
of his palms;
“Force” means the States of Jersey Police Force;
“honorary police officer” means a member of the Honorary Police;
“hovercraft” means a vehicle which is designed to be supported when in motion
wholly or partly by air expelled from the vehicle to form a cushion of which
the boundaries include the ground, water or other surface beneath the vehicle;
“Immigration Act 1971” means the Immigration Act 1971 of the United Kingdom
as it is extended to the Island, with modifications, by the Immigration (Jersey) Order 1993;[5]
“intimate sample” means –
(a) a
sample of blood, semen or any other tissue fluid, urine or pubic hair;
(b) a
dental impression;
(c) a
swab taken from a person’s body orifice other than the mouth;
“intimate search” means a search which consists of the physical examination of a
person’s body orifices other than the mouth;
“items subject to legal
privilege” has the meaning assigned to it
by Article 5;
“journalistic material” has the meaning assigned to it by Article 8;
“legal representative” includes any person employed by a firm of advocates or solicitors,
who is not an advocate or solicitor, but who is, for the time being, notified
by his employer to the Chief Officer as a legal representative for the purposes
of this Law;
“Magistrate” means the ‘Juge d’Instruction’ appointed under the
Lois (1864 à 2000) concernant la
charge de Juge d’Instruction[6] and includes a person
exercising those functions;
“misuse”, in relation to a drug, means misuse of the drug by taking it by way
of any form of self-administration, whether or not involving assistance by
another person;
“money laundering offence” means an offence in respect of which a confiscation order may be
made under Article 3 of and the First Schedule to the Proceeds of Crime (Jersey) Law 1999;[7]
“non-intimate sample” means –
(a) a
sample of hair other than pubic hair;
(b) a
sample taken from a nail or from under a nail;
(c) a
swab taken from any part of a person’s body including the mouth but not
any other body orifice;
(d) saliva;
(e) a
skin impression;
“offensive weapon” means any article –
(a) made
or adapted for use for causing injury to persons; or
(b) intended
by the person having it with him for that use by him or by some other person;
“parent or guardian” means, in the case of a child or young person in the care of the
Health and Social Services Committee, that Committee;
“personal records” has the meaning assigned to it by Article 7;
“police detention” shall be construed in accordance with Article 2;
“police officer” mean a member of the Force or an honorary police officer;
“police station” shall not include, in Parts 5 and 6, any parish hall;
“premises” includes any place and, in particular, includes –
(a) any
vehicle, vessel, aircraft or hovercraft; and
(b) any
tent or movable structure;
“prescribed” means prescribed by Rules made by the Royal Court;
“prohibited article” has the meaning assigned to it by Article 4;
“registered dentist” has the same meaning as in the Dentists
(Registration) (Jersey) Law 1961;[8]
“registered medical practitioner” has the same meaning as in the Medical
Practitioners (Registration) (Jersey) Law 1960;[9]
“registered nurse” shall be construed in accordance with the Nursing and Midwifery
Order 2001 (statutory instrument no.253 of 2002), as amended from time to time,
or any further enactment of the United Kingdom regarding registration which may
replace it;
“relevant evidence” means, in relation to an offence, anything that would be admissible
in evidence at a trial for the offence;
“relevant offence” means any offence specified by Order under Article 49(5);
“relevant time” means the time from which the period of detention of a person is to
be calculated in accordance with Article 2(2);
“serious offence” has the meaning assigned to it by Article 3;
“skin impression”, in relation to any person, means any record (other than a fingerprint)
which is a record (in any form and produced by any method) of the skin pattern
and other physical characteristics or features of the whole or any part of his
foot or of any other part of his body;
“special procedure
material” has the meaning assigned to it
by Article 6(4);
“speculative search”, in relation to a person’s fingerprints or samples, means a
check against other fingerprints or samples or against information derived from
other samples referred to in Article 58(1);
“sufficient” and “insufficient”, in relation to a sample, shall be construed in accordance with
paragraph (2);
“terrorism” has the meaning assigned to it by the 1996 Law;[10]
“terrorism provisions” means Article 13(1) of the
1996 Law[11] and any provision of the
Second or Fifth Schedules to that Law conferring a power of arrest or
detention;
“vessel” includes any ship, boat, raft or other apparatus constructed or
adapted for floating on water;
“Youth Appeal Court” means the court constituted under Article 15 of the Criminal Justice (Young Offenders) (Jersey) Law
1994;[12]
“Youth Court” means the court established by Article 11 of the Criminal Justice (Young Offenders) (Jersey) Law
1994.[13]
(2) In
this Law, “sufficient” and “insufficient”, in relation
to a sample, means sufficient or insufficient, in point of quantity or quality,
for the purpose of enabling information to be produced by the means of analysis
used or to be used in relation to the sample and references to a sample’s
proving insufficient include references to where, as a consequence of –
(a) the
loss, destruction or contamination of the whole or any part of the sample;
(b) any
damage to the whole or a part of the sample; or
(c) the
use of the whole or a part of the sample for an analysis which produced no
results or which produced results some or all of which must be regarded, in the
circumstances, as unreliable,
the sample has become unavailable or insufficient for the purpose of
enabling information, or information of a particular description, to be
obtained by means of analysis of the sample.
(3) In
this Law, any reference to a person’s proceeds of drug trafficking shall
be construed in accordance with the Drug
Trafficking Offences (Jersey) Law 1988.[14]
(4) A
reference in this Law to a Part, Article or Schedule by number only, and
without further identification, is a reference to the Part, Article or Schedule
of that number in this Law.
(5) 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 in the Article or other division in which it appears.
(6) In
this Law, a reference to an enactment includes any provision of an Order in
Council or Act of Parliament having effect in the Island and a reference to an
enactment being passed includes a reference to such an Order in Council or Act
of Parliament being enacted.
(7) Unless
the context otherwise requires, where this Law refers to any enactment, the reference
is to that enactment as amended from time to time and includes a reference to
that enactment as extended or applied under another enactment, including
another provision of this Law.
2 Meaning
of police detention
(1) A
person is in police detention for the purposes of this Law if –
(a) he
has been taken to a police station after being arrested for an offence or after
being arrested under Article 13 of the 1996 Law[15] or under paragraph 6 of the
Fifth Schedule to that Law[16] by an examining officer who
is a police officer; or
(b) he
is arrested at a police station after attending voluntarily at the station or
accompanying a police officer to it,
and is detained there or is detained elsewhere in the charge of a
police officer, except that a person who is at court after being charged is not
in police detention for those purposes.
(2) For
the purposes of this Law the relevant time from which the period of detention
of a person is to be calculated –
(a) in
any case, except where sub-paragraph (b) or (c) applies, shall be the time at
which the person arrested arrives at the first police station to which he is
taken after his arrest;
(b) in
the case of a person arrested outside the Island, shall be the time at which
that person arrives at the first police station in the Island in which the
offence for which he was arrested is being investigated or the time 12 hours
after the time of that person’s entry into the Island, whichever is the
earlier; or
(c) in
the case of a person who attends voluntarily at a police station or accompanies
a police officer to a police station without having been arrested, and is
arrested at the police station, shall be the time of his arrest.
(3) For
the purposes of this Law, any reference to a period of time or a time of day,
in relation to a period of detention of a person, is to be treated as
approximate only.
3 Meaning
of “serious offence”
(1) This
Article has effect for determining whether an offence is a serious offence for
the purposes of this Law.
(2) The
following offences are always serious –
(a) an
offence, whether under customary law or under any enactment, specified in Part
1 of Schedule 1;
(b) an
offence under an enactment specified in Part 2 of Schedule 1; and
(c) any
of the offences mentioned in the definition “drug trafficking
offence” in Article 1(1) of the Drug
Trafficking Offences (Jersey) Law 1988.[17]
(3) Subject
to paragraphs (4) and (5), any other offence is serious only if its commission –
(a) has
led to any of the consequences specified in paragraph (6); or
(b) is
intended or is likely to lead to any of those consequences.
(4) An
offence which consists of making a threat is serious if carrying out the threat
would be likely to lead to any of the consequences specified in paragraph (6).
(5) An
offence under Articles 3, 7, 8, 9 or 10 of the
1996 Law is always a serious offence for the purposes of Article 52 or
54, and conspiring or attempting to commit any of those offences is also always
a serious offence for those purposes.
(6) The
consequences mentioned in paragraphs (3) and (4) are –
(a) serious
harm to the security of the Island or to public order;
(b) serious
interference with the administration of justice or with the investigation of
offences or of a particular offence;
(c) the
death of any person;
(d) serious
injury to any person;
(e) substantial
financial gain to any person;
(f) serious
financial loss to any person.
(7) Loss
is serious for the purposes of this Article if, having regard to all the
circumstances, it is serious for the person who suffers it.
(8) In
this Article “injury” includes any disease and any impairment of a
person’s physical or mental condition.
(9) Conspiring
or attempting to commit a serious offence or aiding, abetting, counselling or
procuring the commission of a serious offence is a serious offence.
(10) The
States may, by Regulations, amend Schedule 1.
4 Meaning
of “prohibited article”
(1) An
article is prohibited for the purposes of this Law if it is –
(a) an
offensive weapon; or
(b) an
article –
(i) made or adapted
for use in the course of or in connection with a specified offence, or
(ii) intended by the
person having it with him for use by him or by some other person in the course
of or in connection with a specified offence, or
(iii) used by any person in
the course of or in connection with a specified offence.
(2) In
paragraph (1)(b), “specified offence” means any of the following –
(a) larceny,
including robbery;
(b) breaking
and entering or illegal entry;
(c) offences
under Article 28 of the Road Traffic
(Jersey) Law 1956;[18] and
(d) fraud,
obtaining by false pretences, embezzlement and fraudulent conversion.
5 Meaning
of “items subject to legal privilege”
(1) Subject
to paragraph (2), in this Law “items subject to legal privilege”
means –
(a) communications
between a professional legal adviser and his client or any person representing
his client made in connection with the giving of legal advice to the client;
(b) communications
between a professional legal adviser and his client or any person representing
his client or between such an adviser or his client or any such representative
and any other person made in connection with or in contemplation of legal
proceedings and for the purposes of such proceedings; and
(c) items
enclosed with or referred to in such communications and made in connection with
the giving of legal advice or in connection with or in contemplation of legal
proceedings and for the purposes of such proceedings, when they are in the
possession of a person who is entitled to possession of them.
(2) Items
held with the intention of furthering a criminal purpose are not items subject
to legal privilege.
6 Meaning
of “excluded material” and “special procedure material”
(1) Subject
to paragraphs (2) and (3), in this Law “excluded material” means –
(a) personal
records which a person has acquired or created in the course of any trade,
business, profession or other occupation or for the purposes of any paid or
unpaid office and which he holds in confidence;
(b) human
tissue or tissue fluid which has been taken for the purposes of diagnosis or
medical treatment and which a person holds in confidence;
(c) journalistic
material which a person holds in confidence and which consists of documents, or
of records other than documents.
(2) A
person holds material other than journalistic material in confidence for the
purposes of this Article if he holds it subject –
(a) to
an express or implied undertaking to hold it in confidence; or
(b) to
a restriction on disclosure or an obligation of secrecy contained in any
enactment, including an enactment passed after this Law.
(3) A
person holds journalistic material in confidence for the purposes of this
Article if –
(a) he
holds it subject to an undertaking, restriction or obligation described in
paragraph (2); and
(b) it
has been continuously held, by one or more persons, subject to that
undertaking, restriction or obligation since it was first acquired or created
for the purposes of journalism.
(4) In
this Law, “special procedure material” means –
(a) material
to which paragraph (5) applies; and
(b) journalistic
material, other than excluded material.
(5) Subject
to paragraphs (6) to (8), this paragraph applies to material, other than items
subject to legal privilege and excluded material, in the possession of a person
who –
(a) acquired
or created it in the course of any trade, business, profession or other
occupation or for the purpose of any paid or unpaid office; and
(b) holds
it subject to an express or implied undertaking to hold it in confidence, or to
a restriction or obligation mentioned in paragraph (2)(b).
(6) Where
material is acquired by an employee from his employer and in the course of his
employment or by a company from an associated company, it is only special
procedure material if it was special procedure material immediately before the
acquisition.
(7) Where
material is created by an employee in the course of his employment, it is only
special procedure material if it would have been special procedure material had
his employer created it.
(8) Where
material is created by a company on behalf of an associated company, it is only
special procedure material if it would have been special procedure material had
the associated company created it.
(9) For
the purposes of this Article, a company is to be treated as another’s
associated company at a given time if, at that time, or at any other time
within one year previously, one of the 2 has control of the other, or both are
under the control of the same person or persons.
(10) For the
purposes of this Article, a person shall be taken to have control of a company
if he exercises, or is able to exercise or is entitled to acquire, direct or
indirect control over the company’s affairs, and in particular, but
without prejudice to the generality of the preceding words, if he possesses or
is entitled to acquire –
(a) the
greater part of the share capital or issued share capital of the company or of
the voting power in the company; or
(b) that
part of the issued share capital of the company which would, if the whole of
the income of the company were in fact distributed among the participators,
without regard to any rights which he or any other person has as a loan
creditor, entitle him to receive the greater part of the amount so distributed;
or
(c) those
rights which would in the event of the winding-up of the company or in any
other circumstances, entitle him to receive the greater part of the assets of
the company which would then be available for distribution among the
participators.
(11) Where 2
or more persons together satisfy any of the conditions of paragraph (10), they
shall be taken to have control of the company.
(12) For the
purposes of paragraph (10) a person shall be treated as entitled to acquire
anything which he is entitled to acquire at a future date, or will at a future
date be entitled to acquire.
(13) For the
purposes of paragraphs (10) and (11), there shall be attributed to any person
any rights or powers of a nominee for him, that is to say, any rights or powers
which another person possesses on his behalf or may be required to exercise on
his direction or behalf.
(14) For the
purposes of paragraphs (10) and (11), there may also be attributed to any
person all the rights and powers of any company of which he has, or he and
associates of his have, control or any 2 or more of those companies, or of any
associate of his or of any 2 or more associates of his, including those
attributed to a company or associate under paragraph (13), but not those
attributed to an associate under this paragraph, and those attributions shall
be made under this paragraph which will result in the company being treated as
under the control of 5 or fewer participators if it can be so treated.
(15) In this
Article –
(a) “associate”
means, in relation to a participator and correspondingly in relation to a
person other than a participator –
(i) any relative of
the participator,
(ii) any person with
whom the participator is in partnership,
(iii) the trustee or trustees
of any settlement in relation to which the participator is, or any relative of
his, living or dead, is or was, a settlor, and
(iv) where the participator
is interested in any shares or obligations of the company which are subject to
any trust, or are part of the estate of a deceased person, the trustee or
trustees of the settlement concerned or the personal representatives of the
deceased and, if the participator is a company, any other company interested in
those shares or obligations;
(b) “loan
creditor”, in relation to a company, means subject to paragraphs (17) and
(18), a creditor in respect of any redeemable loan capital issued by the
company or in respect of any debt incurred by the company –
(i) for any money
borrowed or capital assets acquired by the company,
(ii) for any right to
receive income created in favour of the company, or
(iii) for consideration the
value of which to the company was, at the time when the debt was incurred,
substantially less than the amount of the debt including any premium on it;
(c) a
“participator” is, in relation to any company, a person having a
share or interest in the capital or income of the company and, without
prejudice to the generality of the preceding words, includes –
(i) any person who
possesses, or is entitled to acquire, share capital or voting rights in the
company,
(ii) any loan creditor
of the company,
(iii) any person who
possesses, or is entitled to acquire, a right to receive or participate in
distributions of the company of any amounts payable by the company, in cash or
in kind, to loan creditors by way of premium on redemption, and
(iv) any person who is
entitled to secure that income or assets whether present or future of the
company will be applied directly or indirectly for his benefit;
(d) “relative”
means husband or wife, parent or remoter forebear, child or remoter issue, or
brother or sister.
(16) References
in paragraph (15)(c) to being entitled to do anything apply where a person is
presently entitled to do it at a future date, or will at a future date be
entitled to do it.
(17) Subject
to paragraph (18), a person who is not the creditor in respect of any debt or
loan capital to which paragraph (15)(b) applies but nevertheless has a
beneficial interest therein shall, to the extent of that interest, be treated
for the purposes of this Article as a loan creditor in respect of that debt or
loan capital.
(18) A person
carrying on a business of banking shall not be deemed to be a loan creditor in
respect of any loan capital or debt issued or incurred by the company for money
lent by him to the company in the ordinary course of that business.
7 Meaning
of “personal records”
In this Law “personal records” means documentary and other records concerning an individual,
whether living or dead, who can be identified from them and relating –
(a) to
his physical or mental health;
(b) to
spiritual counselling or assistance given or to be given to him; or
(c) to
counselling or assistance given or to be given to him, for the purposes of his
personal welfare, by any voluntary organization or by an individual who –
(i) by reason of his
office or occupation has responsibilities for his personal welfare, or
(ii) by reason of an
order of a court has responsibilities for his supervision.
8 Meaning
of “journalistic material”
(1) Subject
to paragraph (2), in this Law “journalistic material” means
material acquired or created for the purposes of journalism.
(2) Material
is only journalistic material for the purposes of this Law if it is in
possession of a person who acquired or created it for the purposes of
journalism.
(3) A
person who receives material from someone who intends that the recipient shall
use it for the purposes of journalism is to be taken to have acquired it for
those purposes.
PART 2
POWERS TO STOP AND SEARCH
9 Power
of police officer to stop and search persons, vehicles etc.
(1) A
police officer may exercise any power conferred by this Article –
(a) in
any place to which, at the time when he proposes to exercise the power, the
public or any section of the public has access, on payment or otherwise, as of
right or by virtue of express or implied permission; or
(b) in
any other place to which people have ready access at the time when he proposes
to exercise the power but which is not a dwelling.
(2) Subject
to paragraphs (3) to (5), a police officer –
(a) may
search any person or vehicle, or anything which is in or on a vehicle, for
stolen or prohibited articles; and
(b) may
detain a person or vehicle for the purpose of that search.
(3) This
Article shall not give a police officer power to search a person or vehicle or
anything in or on a vehicle unless he has reasonable grounds for suspecting
that he will find stolen or prohibited articles.
(4) If
a person is in a garden or yard occupied with and used for the purposes of a
dwelling or on other land so occupied and used, a police officer may not search
him in the exercise of the power conferred by this Article unless the police
officer has reasonable grounds for believing –
(a) that
he does not reside in the dwelling; and
(b) that
he is not in the place in question with the express or implied permission of a
person who resides in the dwelling.
(5) If
a vehicle is in a garden or yard occupied with and used for the purposes of a
dwelling or on other land so occupied and used, a police officer may not search
the vehicle or anything in or on it in the exercise of the power conferred by
this Article unless he has reasonable grounds for believing –
(a) that
the person in charge of the vehicle does not reside in the dwelling; and
(b) that
the vehicle is not in the place in question with the express or implied permission
of a person who resides in the dwelling.
(6) If
in the course of a search under this Article a police officer discovers
anything which he has reasonable grounds for suspecting to be a stolen or
prohibited article, he may seize it.
(7) For
the purposes of this Article, any reference to a stolen article includes an
article obtained –
(a) by
means of larceny, including robbery; or
(b) by
means of fraud, obtaining by false pretences, embezzlement or fraudulent
conversion.
10 Provisions
relating to search under Article 9 and other powers
(1) A
police officer who detains a person or vehicle in the exercise of the power
conferred by Article 9 or of any other power to search a person without first
arresting him or to search a vehicle without making an arrest, need not conduct
a search if it appears to him subsequently that no search is required or that a
search is impracticable.
(2) If
a police officer contemplates a search, other than a search of an unattended
vehicle, in the exercise of the power conferred by Article 9 or of any other
power to search a person without first arresting him or to search a vehicle
without making an arrest, he shall, subject to paragraph (4), take
reasonable steps before he commences the search to bring to the attention of
the appropriate person –
(a) if
the police officer is not in uniform, documentary evidence that he is a police
officer; and
(b) whether
he is in uniform or not, the matters specified in paragraph (3),
and the police officer shall not commence the search until he has
done so.
(3) The
matters referred to in paragraph (2) are –
(a) the
name of the police officer and, in the case of an honorary police officer, the
parish to which he is appointed;
(b) the
object of the proposed search;
(c) the
police officer’s grounds for proposing to make it; and
(d) the
effect of Article 12(7) or (8), as may be appropriate.
(4) A
police officer need not bring the effect of Article 12(7) or (8) to the
attention of the appropriate person if it appears to the police officer that it
will not be practicable to make the record referred to in Article 12(1).
(5) On
completing a search of an unattended vehicle or anything in or on that vehicle
in the exercise of any power mentioned in paragraph (2) a police officer shall
leave a notice –
(a) stating
that he has searched it;
(b) giving
the name of the police station to which he is attached, or in the case of an
honorary police officer, the parish to which he is appointed;
(c) stating
that an application for compensation for any damage caused by the search may be
made to that police station or parish; and
(d) stating
the effect of Article 12(8).
(6) The
police officer shall leave the notice inside the vehicle unless it is not
reasonably practicable to do so without damaging the vehicle.
(7) The
time for which a person or vehicle may be detained for the purposes of that
search is the time reasonably required to permit a search to be carried out
either at the place where the person or vehicle was first detained or nearby.
(8) Neither
the power conferred by Article 9 nor any other power to detain and search a
person without first arresting him or to detain and search a vehicle without
making an arrest shall be construed as authorizing a police officer to require
a person to remove any of his clothing in public other than an outer coat,
jacket, gloves or headgear.
(9) This
Article and Article 9 apply, with necessary modifications, to vessels, aircraft
and hovercraft as they apply to vehicles.
(10) In this
Article “the appropriate person” means –
(a) if
the police officer proposes to search a person, that person; and
(b) if
he proposes to search a vehicle, or anything in or on a vehicle, the person in
charge of the vehicle.
11 Powers
to stop and search in anticipation of violence
(1) Where
an officer of the Force of at least the rank of chief inspector reasonably
believes that incidents involving serious violence may take place in any
locality, and it is expedient to do so to prevent their occurrence, he may give
an authorization that the powers to stop and search persons and vehicles
conferred by this Article shall be exercisable at any place within that
locality for a period not exceeding 24 hours.
(2) The
power conferred by paragraph (1) may be exercised by an inspector if he
reasonably believes that incidents involving serious violence are imminent and
no chief inspector is available.
(3) If
it appears to an officer of the Force of at least the rank of chief inspector
that it is expedient to do so, having regard to offences which have, or are
reasonably suspected to have, been committed in connection with any incident
falling within the authorization, he may direct that the authorization shall
continue in being for a further 6 hours.
(4) This
Article confers on any officer of the Force in uniform power –
(a) to
stop any pedestrian and search him or anything carried by him for offensive
weapons or dangerous instruments; and
(b) to
stop any vehicle and search the vehicle, its driver and any passenger for
offensive weapons or dangerous instruments.
(5) An officer
of the Force may, in the exercise of any of the powers referred to in paragraph
(4), stop any person or vehicle and make any search he thinks fit whether or
not he has any grounds for suspecting that the person or vehicle is carrying
weapons or articles of that kind.
(6) If,
in the course of a search under this Article, an officer of the Force discovers
a dangerous instrument or an article which he has reasonable grounds for
suspecting to be an offensive weapon, he may seize it.
(7) Any
things seized by an officer of the Force pursuant to this Article may be
retained in accordance with an Order made by the Committee.
(8) The
Committee may by Order regulate the retention and safe keeping, and the
disposal and destruction, in circumstances specified in the Order, of things
seized pursuant to this Article.
(9) This
Article applies, with necessary modifications, to vessels, aircraft and
hovercraft as it applies to vehicles.
(10) A person
who fails to stop or to stop the vehicle when required to do so by an officer
of the Force in the exercise of his powers under this Article shall be guilty
of an offence and liable to imprisonment for a term not exceeding one month or
to a fine not exceeding level 2 on the
standard scale,[19] or both.
(11) Any
authorization under this Article shall be in writing and signed by the officer
giving it and shall specify the locality in which and the period during which
the powers conferred by this Article are exercisable and a direction under
paragraph (3) shall also be given in writing or, where that is not practicable,
recorded in writing as soon as it is practicable to do so.
(12) In this
Article, any reference to a dangerous instrument means an instrument which has
a blade or is sharply pointed.
12 Duty
to make records concerning searches
(1) Where
a police officer has carried out a search in the exercise of any power
conferred by Article 9 he shall make a record of it in writing unless it is not
practicable to do so.
(2) If
a police officer is required by paragraph (1) to make a record of a search but
it is not practicable to make the record immediately, he shall make it as soon
as practicable after the completion of the search.
(3) The
record of a search of a person shall include a note of his name, if the police
officer knows it, but a police officer may not detain a person to find out his
name.
(4) If
a police officer does not know the name of the person whom he has searched, the
record of the search shall include a note otherwise describing that person.
(5) The
record of a search of a vehicle shall include a note describing the vehicle.
(6) The
record of a search of a person or a vehicle –
(a) shall
state –
(i) the object of the
search,
(ii) the grounds for
making it,
(iii) the date and time when
it was made,
(iv) the place where it was
made,
(v) whether anything, and
if so what, was found,
(vi) whether any, and if so
what, injury to a person or damage to property appears to the police officer to
have resulted from the search;
and
(b) shall
identify the police officer making it.
(7) If
a police officer who conducted a search of a person made a record of it, the
person who was searched shall be entitled to a copy of the record if he asks
for one before the end of the period specified in paragraph (9).
(8) If
the owner of a vehicle which has been searched or the person who was in charge
of the vehicle at the time when it was searched asks for a copy of the record
of the search before the end of the period specified in paragraph (9) and the
police officer who conducted the search made a record of it, the person who
made the request shall be entitled to a copy.
(9) The
period mentioned in paragraphs (7) and (8) is the period of 12 months
beginning with the date on which the search was made.
(10) The
requirements imposed by this Article with regard to records of searches of
vehicles shall apply also to records of searches of vessels, aircraft and
hovercraft.
(11) An
honorary police officer who makes a record of a search shall forward a copy to
the Connétable of the parish to which he is appointed who shall send it
to the Chief Officer for record-keeping and reporting purposes.
13 Vehicle
checks
(1) This
Article shall have effect in relation to the conduct of vehicle checks by
police officers for the purpose of ascertaining whether a vehicle is carrying –
(a) a
person who has committed an offence, other than an offence under the Road Traffic (Jersey) Law 1956[20] which is not a serious
offence;
(b) a
person who is a witness to such an offence;
(c) a
person intending to commit such an offence; or
(d) a
person who is unlawfully at large.
(2) Subject
to paragraph (4), there shall only be a vehicle check if an officer of the
Force of at least the rank of chief inspector or a Connétable in
connection with a road in his parish authorizes it in writing.
(3) An
officer or a Connétable may only authorize a vehicle check under
paragraph (2) –
(a) for
the purpose of ascertaining whether a vehicle is carrying a person specified in
paragraph (1)(a), if he has reasonable grounds –
(i) for believing that
the offence is a serious offence, and
(ii) for suspecting
that the person is, or is about to be, in the locality in which vehicles would
be stopped if the vehicle check were authorized;
(b) for
the purpose of ascertaining whether a vehicle is carrying a person specified in
paragraph (1)(b), if he has reasonable grounds for believing that the
offence is a serious offence;
(c) for
the purpose of ascertaining whether a vehicle is carrying a person specified in
paragraph (1)(c), if he has reasonable grounds –
(i) for believing
that the offence would be a serious offence, and
(ii) for suspecting
that the person is, or is about to be, in the locality in which vehicles would
be stopped if the vehicle check were authorized;
(d) for
the purpose of ascertaining whether a vehicle is carrying a person specified in
paragraph (1)(d), if he has reasonable grounds for suspecting that the
person is, or is about to be, in that locality.
(4) An
officer of the Force below the rank of chief inspector or a Centenier in
connection with a road in his parish may authorize a vehicle check if it
appears to him that it is required as a matter of urgency for one of the
purposes specified in paragraph (1).
(5) If
an authorization is given under paragraph (4), the officer or Centenier who
gives it shall as soon as possible –
(a) make
a written record of the time at which he gives it; and
(b) cause
an officer of the Force of at least the rank of chief inspector or the
Connétable, as the case may be, to be informed that it has been given.
(6) An
officer of the Force or Connétable to whom a report is made under
paragraph (5) may, in writing, authorize the vehicle check to continue.
(7) If
such an officer or Connétable considers that the vehicle check should
not continue, he shall record in writing –
(a) the
fact that it took place; and
(b) the
purpose for which it took place.
(8) An
officer of the Force or Connétable giving an authorization under this
Article shall specify the locality in which vehicles are to be stopped.
(9) An
officer of the Force or Connétable giving an authorization under this
Article, other than an authorization under paragraph (4), shall specify a
period, not exceeding 7 days, during which the vehicle check may continue and
may direct that the vehicle check shall be continuous or shall be conducted at
specified times, during that period.
(10) If it
appears to an officer of the Force of at least the rank of chief inspector or a
Connétable that a vehicle check ought to continue beyond the period for
which it has been authorized he may, from time to time, in writing specify a
further period, not exceeding 7 days, during which it may continue.
(11) Every
written authorization shall specify –
(a) the
name of the officer of the Force or Connétable giving it;
(b) the
purpose of the vehicle check; and
(c) the
locality in which vehicles are to be stopped.
(12) The
duties to specify the purposes of a vehicle check imposed by paragraphs (7) and
(11) include duties to specify any relevant serious offence.
(13) Where a
vehicle is stopped in a vehicle check, the person in charge of the vehicle at
the time when it is stopped shall be entitled to obtain a written statement of
the purpose of the vehicle check if he applies for that statement not later
than the end of the period of 3 months from the day on which the vehicle was
stopped.
(14) Nothing
in this Article shall affect the exercise by police officers of any power to
stop vehicles for purposes other than those specified in paragraph (1).
(15) A
Connétable who authorizes a vehicle check under this Article or who is
informed of an authorization pursuant to paragraph (5)(b) shall promptly
inform the Chief Officer of the authorization for record keeping and recording
purposes.
14 Reports
of recorded searches and of vehicle checks
(1) Every
annual report made by the Chief Officer shall contain information –
(a) about
searches recorded under Article 12 which have been carried out during the
period to which it relates; and
(b) about
vehicle checks authorized during that period under Article 13.
(2) The
information about searches shall not include information about specific
searches but shall include –
(a) the
total numbers of searches in each month during the period to which the report
relates for stolen articles, for offensive weapons and for other prohibited
articles; and
(b) the
total number of persons arrested in each month in consequence of searches of
each of the descriptions specified in sub-paragraph (a).
(3) The
information about vehicle checks shall include information –
(a) about
the reason for authorizing each vehicle check; and
(b) about
the result of each of them.
PART 3
POWERS OF ENTRY, SEARCH AND
SEIZURE
Search warrants
15 Power
to authorize entry and search of premises
(1) On
an application made by a police officer, the Bailiff or a Jurat may issue a
warrant authorizing a police officer to enter and search premises if he is
satisfied that there are reasonable grounds for believing –
(a) that
a serious offence has been committed of which there is evidence on premises
specified in the application –
(i) which is likely
to be of substantial value, whether by itself or together with other evidence,
to the investigation of the offence,
(ii) which is likely
to be relevant, and
(iii) which does not consist
of or include items subject to legal privilege, excluded material or special
procedure material;
or
(b) that
there are goods on premises specified in the application which have been
unlawfully obtained,
and that any of the conditions in paragraph (3) applies.
(2) A
police officer may seize and retain anything for which a search has been
authorized under paragraph (1).
(3) The
conditions mentioned in paragraph (1) are –
(a) that
it is not practicable to communicate with any person entitled to grant entry to
the premises;
(b) that
it is practicable to communicate with a person entitled to grant entry to the
premises but it is not practicable to communicate with any person entitled to
grant access to the evidence;
(c) that
entry to the premises will not be granted unless a warrant is produced;
(d) that
the purpose of a search may be frustrated or seriously prejudiced unless a
police officer arriving at the premises can secure immediate entry to them.
(4) The
power to issue a warrant conferred by this Article is in addition to any power
to do so otherwise conferred.
(5) In
paragraph (1)(b), “goods” includes money and every other
description of movable property.
16 Special
provisions as to access
(1) A
police officer may obtain access to excluded material or special procedure
material for the purposes of a criminal investigation by making an application
under Schedule 2 and in accordance with that Schedule.
(2) Subject
to paragraph (3), any enactment passed before this Law under which a
search of premises for the purposes of a criminal investigation could be
authorized by the issue of a warrant to a police officer shall cease to have
effect so far as it relates to the authorization of searches –
(a) for
items subject to legal privilege;
(b) for
excluded material; or
(c) for
special procedure material consisting of documents or records other than
documents.
(3) The
States may by Regulations disapply paragraph (2) to an enactment so far as the
enactment relates to the authorization of searches for material described in
either or both of sub-paragraphs (b) and (c) of that paragraph.
17 Safeguards
for search warrants under any enactment
(1) This
Article and Article 18 have effect in relation to the issue to police officers
under any enactment, including an enactment passed after this Law, of warrants
to enter and search premises, and an entry on or search of premises under a
warrant is unlawful unless the application for and the issue of the warrant
comply with this Article and the execution of the warrant complies with
Article 18.
(2) Where
a police officer applies for a warrant referred to in paragraph (1), he
shall state the ground on which he makes the application and the enactment
under which the warrant would be issued, specify the premises which it is
desired to enter and search and identify, so far as is practicable, the
articles and persons to be sought.
(3) An
application for that warrant shall be made ex parte and supported by
information on oath.
(4) The
police officer shall answer on oath any question that the person hearing the
application asks him.
(5) A
warrant shall authorize an entry on 2 occasions only, the second of which shall
be within 3 days of the first.
(6) A
warrant shall specify the name of the person who applies for it, the date on
which it is issued, the enactment under which it is issued and the premises to
be searched, and shall identify, so far as is practicable, the articles to be
sought.
(7) Two
copies shall be made of a warrant.
(8) The
copies shall be clearly certified as copies.
18 Execution
of search warrants under any enactment
(1) A
warrant to enter and search premises may be executed by any police officer.
(2) The
warrant may authorize persons to accompany any police officer who is executing
it.
(3) The
first entry and search under a warrant shall be within one month from the date
of its issue.
(4) Entry
and search under a warrant shall be at a reasonable hour unless it appears to
the police officer executing it that the purpose of a search may be frustrated
by an entry at a reasonable hour.
(5) Where
the occupier of premises which are to be entered and searched is present at the
time when a police officer seeks to execute a warrant to enter and search them,
the police officer –
(a) shall
identify himself to the occupier and, if not in uniform, shall produce to him
documentary evidence that he is a police officer;
(b) shall
produce the warrant to him; and
(c) shall
supply him with a copy of it.
(6) Where
the occupier of the premises is not present at the time when a police officer
seeks to execute the warrant but some other person who appears to the police
officer to be in charge of the premises is present, paragraph (5) shall have
effect as if any reference to the occupier were a reference to that other
person.
(7) If
there is no person present who appears to the police officer to be in charge of
the premises, he shall on each occasion when the warrant is executed leave a
copy of the warrant in a prominent place on the premises.
(8) A
search under a warrant may only be a search to the extent required for the
purpose for which the warrant was issued.
(9) A
police officer executing a warrant shall make an endorsement on it stating
whether the articles sought were found and whether any articles were seized,
other than articles which were sought.
(10) A
warrant which has been executed for a second time or has not been fully
executed within the time authorized for its execution, shall be returned to the
office of the person issuing it.
(11) A
warrant which is returned under paragraph (10) shall be retained until
whichever is the later of –
(a) the
expiry of 12 months from the date of its return;
(b) a
decision not to prefer criminal charges in support of which articles seized
pursuant to the warrant would be produced in evidence; or
(c) the
disposal of any criminal proceedings in which articles seized pursuant to the
warrant are produced as evidence.
(12) For the
purposes of paragraph (11)(c), criminal proceedings are disposed of upon
whichever is the earlier of –
(a) their
being discontinued;
(b) the
acquittal of the defendant;
(c) the
expiry of any time limit for appealing against conviction, without an appeal
having been made; or
(d) the
conviction of the defendant, where no right of appeal lies from the conviction.
(13) If,
during the period for which a warrant is to be retained, the occupier of the
premises to which it relates asks to inspect it, he shall be allowed to do so.
Entry and search without
search warrant
19 Entry
for purpose of arrest etc.
(1) Subject
to this Article, and without prejudice to any other enactment, a police officer
may enter and search any premises –
(a) for
the purpose of arresting a person whom he has reasonable cause to suspect has
committed an offence, or where he has reasonable cause to suspect that any
offence is in progress on the premises or is about to be or has been committed
on the premises;
(b) where
he has reasonable cause to suspect that any person is committing, is about to
commit or has committed an offence on the premises; or
(c) for
the purpose of saving life or limb or preventing serious damage to property.
(2) The
States may by Regulations exclude from the application of paragraph (1) an
offence or category of offences.
(3) Except
for the purpose specified in paragraph (1)(b) or (c), the powers of entry and
search conferred by this Article –
(a) are
only exercisable if the police officer has reasonable grounds for believing
that the person whom he is seeking is on the premises; and
(b) are
limited, in relation to premises consisting of 2 or more separate dwellings, to
powers to enter and search –
(i) any parts of the
premises which the occupiers of any dwelling comprised in the premises use in
common with the occupiers of any of those dwellings, and
(ii) any of the
dwellings in which the police officer has reasonable grounds for believing that
the person whom he is seeking may be.
(4) The
power of search conferred by this Article is only a power to search to the
extent that is reasonably required for the purpose for which the power of entry
is exercised.
20 Entry
and search after arrest
(1) Subject
to this Article, a police officer may enter and search any premises occupied or
controlled by a person who is under arrest for a serious offence or for any
other offence the punishment for which is imprisonment for a term of one year
or more, if he has reasonable grounds for suspecting that there is on the
premises evidence, other than items subject to legal privilege, that relates –
(a) to
that offence; or
(b) to
some other offence which is connected with or similar to that offence.
(2) A
police officer may seize and retain anything for which he may search under
paragraph (1).
(3) The
power to search conferred by paragraph (1) is only a power to search to the
extent that it is reasonably required for the purpose of discovering that
evidence.
(4) Subject
to paragraph (5), the powers conferred by this Article may not be exercised
unless, in the case of the Force, an officer of at least the rank of inspector,
or in the case of an honorary police officer, a Connétable or Centenier
in respect of premises in his parish, has authorized them in writing.
(5) A
police officer may conduct a search under paragraph (1) before taking the
person to a police station and without obtaining an authorization under
paragraph (4), if the presence of that person at a place other than a police
station is necessary for the effective investigation of the offence.
(6) If
a police officer conducts a search by virtue of paragraph (5), he shall
inform, in the case of the Force, an officer of at least the rank of inspector
or, in the case of an honorary police officer, a Connétable or Centenier
in respect of premises in his parish, that he has made the search as soon as
practicable after he has made it.
(7) An
officer of the Force, Connétable or Centenier who authorizes a search or
is informed of a search under paragraph (6), shall make a record in writing of
the grounds for the search and of the nature of the evidence that was sought.
(8) A
Connétable or Centenier who authorizes or is informed of a search shall
notify the Chief Officer for record keeping and recording purposes.
(9) If
the person who was in occupation or control of the premises at the time of the
search is in police detention at the time the record is to be made, the officer
shall make the record as part of his custody record.
Seizure
21 General
power of seizure etc.
(1) The
powers conferred by paragraphs (2), (3) and (4) are exercisable by a police
officer who is lawfully on any premises.
(2) The
police officer may seize anything which is on the premises if he has reasonable
grounds for believing –
(a) that
it has been obtained in consequence of the commission of an offence; and
(b) that
it is necessary to seize it in order to prevent it being concealed, lost,
damaged, altered or destroyed.
(3) The
police officer may seize anything which is on the premises if he has reasonable
grounds for believing –
(a) that
it is evidence in relation to an offence which he is investigating or any other
offence; or
(b) that
it is necessary to seize it in order to prevent the evidence being concealed,
lost, altered or destroyed.
(4) The
police officer may require any information which is stored in any electronic
form and is accessible from the premises to be produced in a form in which it
can be taken away and in which it is visible and legible or from which it can
be readily produced in a visible and legible form if he has reasonable grounds
for believing –
(a) that
it is evidence in relation to an offence which he is investigating or any other
offence or it has been obtained in consequence of the commission of an offence;
and
(b) that
it is necessary to do so in order to prevent it being concealed, lost, tampered
with or destroyed.
(5) The
powers conferred by this Article are in addition to any power otherwise
conferred.
(6) No
power of seizure conferred on a police officer under any enactment, including
an enactment passed after this Law, is to be taken to authorize the seizure of
items which the police officer exercising the power has reasonable grounds for
believing to be items subject to legal privilege.
22 Extension
of powers of seizure to computerized information
(1) Every
power of seizure which is conferred by an enactment to which this Article
applies on a police officer who has entered premises in the exercise of a power
conferred by an enactment shall be construed as including a power to require
any information stored in any electronic form and accessible from the premises
to be produced in a form in which it can be taken away and in which it is
visible and legible or from which it can be readily produced in a visible and
legible form.
(2) This
Article applies –
(a) to
any enactment passed before this Law;
(b) to
Articles 15 and 20;
(c) to
paragraph 12 of Schedule 2; and
(d) to
any enactment passed after this Law.
23 Access
and copying
(1) A
police officer who seizes anything in the exercise of a power conferred by any
enactment, including an enactment passed after this Law, shall, if so requested
by a person showing himself to be the occupier of premises on which it was seized
or to have had custody or control of it immediately before the seizure, provide
that person with a record of what he seized.
(2) The
police officer shall provide the record within a reasonable time from the
making of the request for it.
(3) Subject
to paragraph (8), if a request for permission to be granted access to anything
which has been seized by a police officer, and is retained by the Force or the
Honorary Police for the purpose of investigating an offence, is made to the
officer in charge of the investigation by a person who had custody or control
of the thing immediately before it was so seized or by someone acting on behalf
of that person, the officer shall allow the person who made the request access
to it under the supervision of a police officer.
(4) Subject
to paragraph (8), if a request for a photograph or copy of it is made to the
officer in charge of the investigation by a person who had custody or control
of it immediately before it was so seized, or by someone acting on behalf of
that person, the officer shall –
(a) allow
the person who made the request access to it under the supervision of a police
officer for the purpose of photographing or copying it; or
(b) photograph
or copy it, or cause it to be photographed or copied.
(5) A
police officer may also photograph or copy, or have photographed or copied,
anything which he has power to seize, without a request being made under
paragraph (4).
(6) Where
anything is photographed or copied under paragraph (4)(b) the photograph
or copy shall be supplied to the person who made the request.
(7) The
photograph or copy shall be so supplied within a reasonable time from the
making of the request.
(8) The
police officer in charge of the investigation for the purposes of which
anything is seized may refuse to grant access to, or to supply a photograph or
copy of it if he has reasonable grounds for believing that to do so would
prejudice –
(a) that
investigation;
(b) the
investigation of an offence other than the offence for the purposes of
investigating which the thing was seized; or
(c) any
criminal proceedings which may be brought as a result of the investigation of which he is in
charge, or the investigation mentioned in sub-paragraph (b).
24 Retention
(1) Subject
to paragraph (4), anything which has been lawfully seized or taken away by a
police officer may be retained for so long as is necessary in all the
circumstances.
(2) Without
prejudice to the generality of paragraph (1) –
(a) anything
seized for the purposes of a criminal investigation may be retained, except as
provided by paragraph (4) –
(i) for use as
evidence at a trial for an offence, or
(ii) for forensic
examination or for investigation in connection with an offence;
and
(b) anything
may be retained in order to establish its lawful owner, where there are
reasonable grounds for believing that it has been obtained in consequence of
the commission of an offence.
(3) Nothing
seized on the ground that it may be used to cause physical injury to any
person, to damage property, to interfere with evidence or to assist in escape
from police detention or lawful custody, may be retained when the person from
whom it was seized is no longer in police detention or the custody of a court
or is in the custody of a court but has been released on bail.
(4) Nothing
may be retained for either of the purposes mentioned in paragraph (2)(a) if a
photograph or copy would be sufficient for that purpose.
(5) Nothing
in this Article affects the power of a court to make an order with respect to
the disposal of any property in the possession of the police.
25 Powers
for a Jurat to issue a search warrant
(1) Where,
under any of the enactments listed in Schedule 3, power is given to the
Bailiff to issue a search warrant, that power may be exercised by a Jurat
subject to the same conditions imposed on the Bailiff by that enactment.
(2) The
States may, by Regulations, amend Schedule 3.
PART 4
TREATMENT OF PERSONS ON
ARREST
26 Information
to be given on arrest
(1) Subject
to paragraph (5), where a person is arrested, otherwise than by being informed
that he is under arrest, the arrest is not lawful unless the person arrested is
informed that he is under arrest as soon as is practicable after his arrest.
(2) Where
a person is arrested by a police officer, paragraph (1) applies regardless
of whether the fact of the arrest is obvious.
(3) Subject
to paragraph (5), no arrest is lawful unless the person arrested is informed of
the ground for the arrest at the time of, or as soon as is practicable after,
the arrest.
(4) Where
a person is arrested by a police officer, paragraph (3) applies regardless
of whether the ground for the arrest is obvious.
(5) Nothing
in this Article shall be taken to require a person to be informed that he is
under arrest or of the ground for the arrest if it was not reasonably
practicable for him to be so informed by reason of his having escaped from
arrest before the information could be given.
27 Voluntary
attendance at police station etc.
Where, for the purpose of assisting with an investigation, a person
attends voluntarily at a police station or at any other place where a police
officer is present or accompanies a police officer to a police station or that
other place without having been arrested –
(a) he
shall be entitled to leave at will unless he is placed under arrest;
(b) he
shall be informed at once that he is under arrest if a decision is taken by a
police officer to prevent him from leaving at will.
28 Arrest
elsewhere than at police station
(1) Subject
to this Article, where a person is –
(a) arrested
by a police officer for an offence; or
(b) taken
into custody by a police officer after being arrested for an offence by a
person other than a police officer,
at any place other than a police station, he shall be taken to a
police station by a police officer as soon as practicable after the arrest.
(2) Subject
to paragraphs (3) and (4), the police station to which an arrested person is
taken under paragraph (1) shall be a designated police station.
(3) A
police officer may take an arrested person to any police station unless it
appears to the police officer that it may be necessary to keep the arrested
person in police detention for more than 6 hours.
(4) A
police officer may take an arrested person to any police station if –
(a) either –
(i) the police
officer has arrested him without the assistance of any other police officer and
no other police officer is available to assist him, or
(ii) the police
officer has taken him into custody from a person other than a police officer
without the assistance of any other police officer and no other police officer
is available to assist him; and
(b) it
appears to the police officer that he will be unable to take the arrested
person to a designated police station without the arrested person injuring
himself, the police officer or some other person.
(5) If
the first police station to which an arrested person is taken after his arrest
is not a designated police station, he shall be taken to a designated police
station not more than 6 hours after his arrival at the first police station
unless he is released previously.
(6) A
person arrested by a police officer at a place other than a police station
shall be released if a police officer is satisfied, before the person arrested
reaches a police station, that there are no grounds for keeping him under
arrest.
(7) A
police officer who releases a person under paragraph (6) shall record the fact
that he has done so.
(8) The
police officer shall make the record as soon as is practicable after the
release.
(9) Nothing
in paragraph (1) shall prevent a police officer delaying taking a person who
has been arrested to a police station if the presence of that person elsewhere
is necessary in order to carry out any investigations that it is reasonable to
carry out immediately.
(10) Where
there is delay in taking a person who has been arrested to a police station
after his arrest, the reasons for the delay shall be recorded when he first
arrives at a police station.
(11) Nothing
in paragraph (1) shall be taken to affect –
(a) paragraph
16(3) or 18(1) of Schedule 2 to the Immigration Act 1971; or
(b) Article
14(5) and (6) of the 1996 Law and
paragraphs 7(4) and 8(2) and (3) of the Second Schedule and
paragraphs 6(6) and 7(2) and (3) of the Fifth Schedule to that Law.
(12) Nothing
in paragraph (9) shall be taken to affect paragraph 18(3) of Schedule
2 to the Immigration Act 1971.
(13) Where a
person is arrested outside the Island on suspicion of an offence committed in
the Island, he shall, notwithstanding anything to the contrary in the
Indictable Offences Act 1848 of the United Kingdom, be dealt with under this
Law as if he had been arrested in the Island.
29 Search
upon arrest
(1) A
police officer may search an arrested person, in any case where the person to
be searched has been arrested at a place other than a police station, if the
police officer has reasonable grounds for believing that the arrested person
may present a danger to himself or others.
(2) Subject
to paragraphs (3) to (5), a police officer shall also have power in that case –
(a) to
search the arrested person for anything which he might use to assist him to
escape from lawful custody or which might be evidence relating to an offence;
and
(b) to
enter and search any premises in which he was when arrested or immediately
before he was arrested for evidence relating to the offence for which he has
been arrested.
(3) The
power to search conferred by paragraph (2) is only a power to search to the
extent that is reasonably required for the purpose of discovering any such thing
or any such evidence.
(4) The
powers conferred by this Article to search a person shall not be construed as
authorizing a police officer to require a person to remove any of his clothing
in public other than an outer coat, jacket, gloves or headgear, but shall
authorize a search of a person’s mouth.
(5) A
police officer may not search a person in the exercise of the powers conferred
by paragraph (2)(a) unless he has reasonable grounds for believing that the
person to be searched may have concealed on him anything for which a search is
permitted under that sub- paragraph.
(6) A
police officer may not search premises in the exercise of the power conferred
by paragraph (2)(b) unless he has reasonable grounds for believing that there
is evidence on the premises for which a search is permitted under that
sub-paragraph.
(7) In
so far as the power of search conferred by paragraph (2)(b) relates to
premises consisting of 2 or more separate dwellings, it shall be limited to a
power to search –
(a) any
dwelling in which the arrest took place or in which the person arrested was
immediately before his arrest; and
(b) any
parts of the premises which the occupier of that dwelling uses in common with
the occupiers of any other dwellings comprised in the premises.
(8) A
police officer searching a person in the exercise of the power conferred by
paragraph (1) may seize and retain anything he finds, if he has reasonable
grounds for believing that the person searched might use it to cause physical
injury to himself or to any other person.
(9) A
police officer searching a person in the exercise of the powers conferred by
paragraph (2)(a) may seize and retain anything he finds, other than items
subject to legal privilege, if he has reasonable grounds for believing –
(a) that
that person might use it to assist him to escape from lawful custody; or
(b) that
it is evidence of an offence or has been obtained in consequence of the
commission of an offence.
(10) Nothing
in this Article shall be taken to affect the powers conferred by Article 14(2),
(3) and (4) of the 1996 Law.[21]
PART 5
BAIL AND DETENTION
Bail
30 Conditions
of bail
(1) Where
a person arrested for but not charged with an offence is released on bail by a
Connétable or Centenier or, pursuant to this Part, by an officer of the Force,
the bail may be subject to a condition only for the person’s appearance
at a police station or parish hall inquiry on a day and at a time notified to
him, unless he previously receives written notice from the police officer who
granted bail that his attendance is not required.
(2) Where
a person charged with an offence is released on bail by a Connétable or
Centenier that officer, where it appears to him that it is necessary to do so
for the purpose of preventing that person from –
(a) failing
to surrender to custody; or
(b) committing
an offence while on bail; or
(c) interfering
with witnesses or otherwise obstructing the course of justice, whether in
relation to himself or any other person,
may impose such conditions of bail, including taking a recognizance
or surety for the person’s surrender to custody, as appear to the officer
to be necessary for that purpose.
(3) Where
a Connétable or Centenier has granted bail to a person charged with an
offence the officer may, at the request of that person, vary the conditions of
bail and, in doing so, may impose conditions or more onerous conditions.
(4) Where
a Connétable or Centenier, pursuant to paragraph (2), imposes any
condition of bail or, pursuant to paragraph (3), varies or imposes new
conditions of bail, he shall, with a view to enabling the accused to consider
requesting him or the Magistrate to vary the conditions, give reasons for
imposing or varying the conditions and give notice of the reasons to the
accused.
(5) Where
a Connétable or Centenier grants bail to a person charged with an
offence, varies the conditions of that person’s bail or, upon a request
by that person for variation, refuses to vary the conditions of bail, the
Magistrate may, on application by or on behalf of that person, grant bail or
vary the conditions of bail and, in doing so, may remove or impose conditions
or impose more onerous conditions.
(6) An
application described in paragraph (5) shall be heard as soon as is practicable
and in any event not later than the first sitting after it is made.
31 Bail
on arrest
Where, following a person’s arrest for an offence, it appears
to the custody officer that the inquiry into the offence cannot be completed
within a reasonable period he may release that person on bail.
Detention - conditions and
duration
32 Limitations
on police detention
(1) A
person arrested for an offence shall not be kept in police detention except in
accordance with the provisions of this Part.
(2) Subject
to paragraph (3), if at any time a custody officer becomes aware, in relation
to any person in police detention who has not been charged with an offence,
that the grounds for the detention of that person have ceased to apply and is
not aware of any other grounds on which the continued detention of that person
could be justified under the provisions of this Part, the custody officer
shall, subject to paragraph (4), order his immediate release from custody.
(3) Save
as provided in Article 35(8), no person in police detention who has been
arrested for but not charged with an offence shall be released except on the
authority of a custody officer at the police station where his detention was
authorized or, if it was authorized at more than one station, a custody officer
at the station where it was last authorized.
(4) A person
who appears to the custody officer to have been unlawfully at large when he was
arrested shall not be released pursuant to paragraph (2).
(5) A
person whose release is ordered under paragraph (2) shall be released without
bail unless it appears to the custody officer that there is need for further
investigation of any matter in connection with which he was detained at any
time during the period of his detention or that proceedings may be taken
against him in respect of that matter, and, if it so appears, he may be
released on bail by the custody officer.
(6) For
the purposes of this Part a person who returns to a police station to answer to
bail or is arrested under Article 44 shall be treated as arrested for an
offence and the offence in connection with which he was granted bail shall be
deemed to be that offence.
33 Designated
police stations
(1) The
Chief Officer shall designate police stations which, except as provided by
Article 28, shall be the stations to be used for the purpose of detaining arrested
persons.
(2) The
police stations designated under paragraph (1) shall provide enough
accommodation for that purpose.
(3) The
Chief Officer may designate a station which was not previously designated and
may direct that a designation of a station previously made shall cease to
operate.
(4) In
a case of emergency the Chief Officer may designate any place, whether or not
that place is a police station, as a designated police station for a period
specified in the designation and any place so designated shall be a designated
police station for the purposes of this Law.
34 Custody
officers at police stations
(1) One
or more custody officers shall be appointed for each designated police station.
(2) A
custody officer for a designated police station shall be appointed by the Chief
Officer or by any other officer of the Force that the Chief Officer may direct.
(3) No-one
may be appointed a custody officer unless he is an officer of the Force of at
least the rank of sergeant.
(4) Any
officer of the Force may perform the functions of a custody officer at a
designated police station if a custody officer is not readily available to
perform them.
(5) Subject
to this Article and to Article 37, none of the functions of a custody officer
in relation to a person shall be performed by an officer who, at the time when
the function falls to be performed, is involved in the investigation of an
offence for which that person is in police detention at that time.
(6) Nothing
in paragraph (5) shall be taken to prevent a custody officer –
(a) performing
any function assigned to custody officers by this Law or by a code of practice
brought into operation under this Law;
(b) carrying
out the provisions of Article 37;
(c) doing
anything in connection with the identification of a suspect; or
(d) doing
anything under Articles 16B and 16C of the Road
Traffic (Jersey) Law 1956.[22]
(7) Where
an arrested person is taken to a police station which is not a designated
police station, the functions in relation to him which at a designated police
station would be the functions of a custody officer shall be performed –
(a) by
an officer of the Force who is not involved in the investigation of an offence
for which he is in police detention, if such an officer is readily available;
and
(b) if
such an officer is not readily available, by the police officer who took him to
the station or any other police officer.
(8) References
to a custody officer in the following provisions of this Law include references
to a police officer other than a custody officer who is performing the
functions of a custody officer by virtue of paragraph (4) or (7).
(9) Where
by virtue of paragraph (7) a police officer who took an arrested person to a
police station is to perform the functions of a custody officer in relation to
him, the officer shall, as soon as practicable, inform an officer of the Force
who is attached to a designated police station and is of at least the rank of
inspector, that he is to do so.
35 Duties
of custody officer before charge
(1) Where
a person is arrested for an offence, the custody officer at each police station
where he is detained after his arrest –
(a) shall,
as soon as practicable after the person arrested arrives at the police station
or, in the case of a person arrested at the police station, as soon as
practicable after the arrest, determine whether there is, in his opinion,
sufficient evidence to charge that person with the offence for which he was
arrested; and
(b) may
detain the person arrested at the police station for any period necessary to enable
him to make that determination and for any further period necessary to enable
that person to be charged.
(2) If
the custody officer determines that there is not that evidence, he shall
release the person arrested either on bail or without bail, unless he has
reasonable grounds for believing that the person’s detention without
being charged is necessary –
(a) to
secure or preserve evidence relating to an offence for which he is under
arrest; or
(b) to
obtain that evidence by questioning him.
(3) If
the custody officer has reasonable grounds for so believing, he may authorize
the person arrested to be kept in police detention.
(4) Where
a custody officer authorizes a person who has not been charged to be kept in
police detention, he shall, as soon as is practicable, make a written record of
the grounds for the detention.
(5) Subject
to paragraph (6), the written record shall be made in the presence of the
person arrested who shall at that time be informed by the custody officer of
the grounds for his detention.
(6) Paragraph
(5) shall not apply where the person arrested is, at the time when the written
record is made –
(a) incapable
of understanding what is said to him;
(b) violent
or likely to become violent; or
(c) in
urgent need of medical attention.
(7) Subject
to Article 39(3), if the custody officer determines that there is, in his
opinion, sufficient evidence to charge the person arrested with the offence for
which he was arrested, that officer –
(a) shall
arrange for the Connétable or a Centenier to attend the police station
as soon as reasonably practicable to consider whether the person should be
charged; and
(b) may
either detain the person arrested to await the arrival of the Connétable
or Centenier or release that person, with or without bail, to return to the
police station.
(8) The
Connétable or Centenier who attends the police station may charge the
person arrested or release him without charge, with or without bail, and where,
at the time of his release, a decision has not been taken whether he should be
charged with the offence for which he was arrested, the custody officer shall
so inform him.
(9) Subject
to Article 39(3), if the person arrested is not in a fit state to be dealt with
under paragraph (7), he may be kept in police detention until he is.
36 Duties
of Connétable or Centenier after charge
(1) Where
a person arrested for an offence is charged with an offence, the
Connétable or Centenier who prefers the charge shall order his release
from police detention, either on bail or without bail, unless –
(a) if
the person arrested is not a juvenile –
(i) his name or
address cannot be ascertained or the officer has reasonable grounds for
doubting whether a name or address given by him as his name or address is his
real name or address,
(ii) the officer has
reasonable grounds for believing that the person arrested will fail to appear
in court to answer bail,
(iii) the officer has
reasonable grounds for believing that the detention of the person arrested is
necessary to prevent him from committing an offence,
(iv) in the case of a person
of full age, the officer has reasonable grounds for believing that the
detention of the person is necessary to enable a sample to be taken from him
under Article 59,
(v) the officer has
reasonable grounds for believing that the detention of the person arrested is
necessary to prevent him from interfering with the administration of justice or
with the investigation of offences or of a particular offence, or
(vi) the officer has
reasonable grounds for believing that the detention of the person arrested is
necessary for his own protection;
or
(b) if
he is a juvenile –
(i) any of the
requirements of sub-paragraph (a) is satisfied, or
(ii) the officer has
reasonable grounds for believing that he ought to be detained in his own
interests.
(2) If
the release of a person arrested is not required by paragraph (1), the officer
may authorize him to be kept in police detention but may not authorize a person
to be kept in police detention by virtue of paragraph (1)(a)(iv) after the
end of the period of 6 hours beginning when he was charged with the offence.
(3) Where,
pursuant to paragraph (2), an officer authorizes a person who has been charged
to be kept in police detention, he shall, as soon as practicable, make a
written record of the grounds for the detention.
(4) Subject
to paragraph (5), the written record shall be made in the presence of the
person charged who shall at that time be informed by that officer of the
grounds for his detention.
(5) Paragraph
(4) shall not apply where the person charged is, at the time when the written
record is made –
(a) incapable
of understanding what is said to him;
(b) violent
or likely to become violent; or
(c) in
urgent need of medical attention.
(6) Where
an officer authorizes a juvenile to be kept in police detention under paragraph
(1), the officer shall, unless he certifies –
(a) that,
by reason of the circumstances specified in the certificate, it is
impracticable for him to do so; or
(b) in
the case of a juvenile who has attained the age of 12 years, that no
secure accommodation is available and that keeping him in other publicly
provided accommodation would not be adequate to protect the public from serious
harm from him,
secure that the juvenile is moved to publicly provided accommodation.
(7) Where
a juvenile is moved to publicly provided accommodation under
paragraph (6), it shall be lawful for any person acting on behalf of the
Education Committee to detain him.
(8) A
certificate made under paragraph (6) in respect of a juvenile shall be
produced to the court before which he is first brought thereafter.
(9) In
the case of a juvenile charged with a violent offence or sexual offence, any
reference in this Article to protecting the public from serious harm from him
shall be construed as a reference to protecting members of the public from
death or serious personal injury, whether physical or psychological, occasioned
by further offences of that nature committed by him.
(10) In this
Article –
“juvenile” means a person who is or appears to be under the age of 17 years;
“officer” means the Connétable or Centenier who prefers the charge
under paragraph (1);
“publicly provided
accommodation” means accommodation
provided by the Education Committee under the Children (Jersey) Law 1969;[23]
“secure accommodation” means accommodation provided for the purposes of restricting
liberty;
“sexual offence” means rape, sodomy, bestiality, incest, indecent assault,
committing an act of gross indecency with or in the presence of another person,
indecent exposure, any offence under the Loi
(1895) modifiant le droit criminel,[24] other than Article 9
thereof, the Protection of Children
(Jersey) Law 1994[25] or Article 45 of the Mental Health (Jersey) Law 1969[26] or any offence of attempting
or conspiring to commit or inciting another to commit any of the aforementioned
offences but shall not include the offence of sodomy performed as a homosexual
act which would not be an offence but for Article 2 of the Sexual Offences (Jersey) Law 1990;[27]
“violent offence” means an offence which leads, or is intended or likely to lead, to
a person’s death or to physical injury to a person, and includes an
offence which is required to be charged as arson, whether or not it would
otherwise fall within this definition.
37 Responsibilities
in relation to persons detained
(1) Subject
to paragraphs (2) and (4), the custody officer at a police station shall ensure –
(a) that
all persons in police detention at that station are treated in accordance with
this Law and any code of practice brought into operation under it and relating
to the treatment of persons in police detention; and
(b) that
all matters relating to those persons which are required by this Law or by any
codes of practice to be recorded are recorded in the custody records relating
to those persons.
(2) If
the custody officer, in accordance with any code of practice brought into
operation under this Law, transfers or permits the transfer of a person in
police detention to the custody of a police officer investigating an offence
for which that person is in police detention or to the custody of a police
officer who has charge of that person outside the police station –
(a) the
custody officer shall cease in relation to that person to be subject to paragraph
(1)(a); and
(b) the
police officer to whom the transfer is made shall ensure that the person is
treated in accordance with the provisions of this Law and of any codes of
practice as are mentioned in paragraph (1).
(3) If
the person detained is subsequently returned to the custody of the custody
officer, the police officer investigating the offence shall report to the
custody officer as to the manner in which this Article and the codes of
practice have been complied with while that person was in his custody.
(4) If
a juvenile is moved to publicly provided accommodation under
Article 36(6), the custody officer shall cease in relation to that person
to be subject to paragraph (1).
(5) Where
a police officer of higher rank than the custody officer gives directions
relating to a person in police detention and the directions are at variance
with any decision made or action taken by the custody officer under this Part
or with the decision or action which would but for the directions have been
made or taken by him, the custody officer shall refer the matter at once to an
officer of the Force of at least the rank of chief inspector.
38 Review
of police detention
(1) Reviews
of the detention of each person in police detention in connection with the
investigation of an offence shall be carried out in accordance with this
Article –
(a) in
the case of a person who has been arrested and charged, by the honorary police
officer who prefers the charge or, if he is not immediately available, the
Connétable or another Centenier; and
(b) in
the case of a person who has been arrested but not charged, by an officer of
the Force of at least the rank of inspector who has not been directly involved
in the investigation.
(2) The
officer to whom it falls to carry out a review is referred to in this Article
as a “review officer”.
(3) In
respect of a person to whom paragraph (1)(a) applies –
(a) the
custody officer shall, at any time that it appears to him that the grounds for
the detention of that person have ceased to apply and that it does not appear
to him that there are any other grounds on which the continued detention of
that person could be justified under the provisions of this Part, request the
review officer to review the detention of that person; and
(b) the
review officer shall, without delay, carry out the review.
(4) In
respect of a person to whom paragraph (1)(b) applies –
(a) the
first review shall be not later than 6 hours after the detention was first
authorized;
(b) the
second review shall be not later than 9 hours after the first;
(c) subsequent
reviews shall be at intervals of not more than 9 hours.
(5) A
review may be postponed –
(a) if,
having regard to all the circumstances prevailing at the time for it specified
in paragraph (3) or (4), it is not practicable to carry out the review at that
time; or
(b) without
prejudice to the generality of sub-paragraph (a) –
(i) if at that time
the person in detention is being questioned by a police officer and the review
officer is satisfied that an interruption of the questioning for the purpose of
carrying out the review would prejudice the investigation in connection with
which he is being questioned, or
(ii) if at that time
no review officer is readily available.
(6) If
a review is postponed under paragraph (5) it shall be carried out –
(a) in
a case to which paragraph (3) applies, as soon as is practicable; or
(b) in
a case to which paragraph (4) applies, as soon as is practicable after the
latest time specified for it in that paragraph.
(7) If
a review is carried out after postponement under paragraph (5), the fact that
it was so carried out shall not affect any requirement of this Article as to
the time at which any subsequent review is to be carried out.
(8) The
review officer shall record the reasons for any postponement of a review in the
custody record.
(9) Subject
to paragraph (10), where the person whose detention is under review has not
been charged before the time of the review, Article 35(1) to (6) shall have
effect in relation to him, but with the substitution –
(a) of
references to the person whose detention is under review for references to the
person arrested; and
(b) of
references to the review officer for references to the custody officer.
(10) Where a
person has been kept in police detention by virtue of Article 35(9),
paragraphs (1) to (6) of that Article shall not have effect in relation to him
but the review officer shall determine whether he is yet in a fit state.
(11) Where
the person whose detention is under review has been charged before the time of
the review, Article 36(1) to (6) shall have effect in relation to him, with the
substitution of references to the person whose detention is under review for
references to the person arrested.
(12) Where a
person whose detention is under review is a person to whom paragraph (1)(b)
refers and an officer of higher rank than the review officer gives directions
relating to that person which are at variance with any decision made or action
taken by the review officer under this Part or with any decision or action which
would but for the directions have been made or taken by him, the review officer
shall refer the matter at once to an officer of the Force of at least the rank
of chief inspector.
(13) Before
determining whether to authorize a person’s continued detention the
review officer shall give that person, unless he is asleep, or any legal
representative of his who is available at the time of the review, an
opportunity to make representations to him about the detention.
(14) Subject
to paragraph (15), the person whose detention is under review or his legal
representative may make representations under paragraph (13) either orally
or in writing.
(15) The
review officer may refuse to hear oral representations from the person whose
detention is under review if he considers that he is unfit to make those
representations by reason of his condition or behaviour.
39 Limits
on period of detention without charge
(1) Subject
to this Article and to Articles 40 and 41, a person shall not be kept in police
detention for more than a period of 24 hours without being charged.
(2) When
a person who is in police detention is removed to hospital because he is in
need of medical treatment, any time during which he is being questioned in
hospital or on the way there or back by a police officer for the purpose of
obtaining evidence relating to an offence shall be included in any period which
falls to be calculated for the purposes of this Part, but any other time while
he is in hospital or on his way there or back shall not be so included.
(3) Subject
to paragraph (4), a person who at the expiry of 24 hours after the
relevant time is in police detention and has not been charged shall be released
at that time either on bail or without bail.
(4) Paragraph
(3) shall not apply to a person whose detention for more than 24 hours
after the relevant time has been authorized or is otherwise permitted in
accordance with Article 40 or 41.
(5) A
person released under paragraph (3) shall not be re-arrested for the offence
for which he was previously arrested unless new evidence justifying a further
arrest has come to light since his release, but this paragraph shall not
prevent an arrest under Article 44.
40 Authorization
of continued detention
(1) Where
an officer of the Force of at least the rank of chief inspector has reasonable
grounds for believing –
(a) that
the detention of a person without charge is necessary to secure or preserve
evidence relating to an offence for which he is under arrest or to obtain that
evidence by questioning him;
(b) that
an offence for which the person is under arrest is a serious offence; and
(c) that
the investigation is being conducted diligently and expeditiously,
he may authorize the keeping of that person in police detention for
a period expiring at or before 36 hours after the relevant time.
(2) Where
an officer mentioned in paragraph (1) has authorized the keeping of a
person in police detention for a period expiring less than 36 hours after
the relevant time, that officer may authorize the keeping of that person in
police detention for a further period expiring not more than 36 hours
after that time if the conditions specified in paragraph (1) are still
satisfied when he gives the authorization.
(3) No
authorization under paragraph (1) shall be given in respect of any person –
(a) more
than 24 hours after the relevant time; or
(b) before
the second review of his detention under Article 38 has been carried out.
(4) Where
an officer authorizes the keeping of a person in police detention under
paragraph (1), he shall –
(a) inform
that person of the grounds for his continued detention; and
(b) record
the grounds in that person’s custody record.
(5) Before
determining whether to authorize the keeping of a person in detention under
paragraph (1) or (2), the officer shall give that person or any legal
representative of his who is available at the time when it falls to the officer
to determine whether to give the authorization, an opportunity to make
representations to him about the detention.
(6) Subject
to paragraph (7), the person in detention or his legal representative may
make representations under paragraph (5) either orally or in writing.
(7) The
officer to whom it falls to determine whether to give the authorization may
refuse to hear oral representations from the person in detention if he
considers that he is unfit to make those representations by reason of his
condition or behaviour.
(8) Where
an officer authorizes the keeping of a person in detention under paragraph (1)
and at the time of the authorization he has not yet exercised a right conferred
on him by Article 52 or 54, the officer shall inform him of that right, shall
decide whether he should be permitted to exercise it, shall record the decision
in his custody record and if the decision is to refuse to permit the exercise
of the right, shall also record the grounds for the decision in that record.
(9) Where
an officer has authorized the keeping of a person who has not been charged in
detention under paragraph (1) or (2), the custody officer shall release him from
detention, either on bail or without bail, not later than 36 hours after
the relevant time, unless –
(a) he
has been charged with an offence; or
(b) his
continued detention is authorized or otherwise permitted in accordance with
Article 41.
(10) A person
released under paragraph (9) shall not be re-arrested for the offence for which
he was previously arrested unless new evidence justifying a further arrest has
come to light since his release but this paragraph shall not prevent an arrest
under Article 44.
41 Warrants
of further detention
(1) Where
on an application on oath made by a police officer and supported by information
in writing the Magistrate is satisfied that there are reasonable grounds for
believing that the further detention of the person to whom the application
relates is justified, he may issue a warrant of further detention authorizing
the keeping of that person in police detention.
(2) The
Magistrate may not hear an application for a warrant of further detention
unless the person to whom the application relates –
(a) has
been given a copy of the information; and
(b) has
been brought before the Magistrate’s Court for the hearing.
(3) An
application for a warrant of further detention shall not be heard in open
court.
(4) The
person to whom the application relates shall be entitled to be legally
represented at the hearing and, if he is not so represented but wishes to be so
represented –
(a) the
Magistrate shall adjourn the hearing to enable him to obtain representation;
and
(b) he
may be kept in police detention during the adjournment.
(5) A
person’s further detention is only justified for the purposes of this
Article or Article 42 if –
(a) his
detention without charge is necessary to secure or preserve evidence relating
to an offence for which he is under arrest or to obtain that evidence by
questioning him;
(b) an
offence for which he is under arrest is a serious offence; and
(c) the
investigation is being conducted diligently and expeditiously.
(6) Subject
to paragraph (8), an application for a warrant of further detention may be
made –
(a) at
any time before the expiry of 36 hours after the relevant time; or
(b) in
a case where it is not practicable for the court to sit at the expiry of 36
hours after the relevant time but the court will sit during the 6 hours
following the end of that period, at any time before the expiry of the said 6
hours.
(7) In
a case to which paragraph (6)(b) applies –
(a) the
person to whom the application relates may be kept in police detention until
the application is heard; and
(b) the
custody officer shall make a note in that person’s custody record –
(i) of the fact that
he was kept in police detention for more than 36 hours after the relevant time,
and
(ii) of the reason why
he was so kept.
(8) If
an application for a warrant of further detention is made after the expiry of
36 hours after the relevant time and it appears to the court that it would have
been reasonable for a police officer to make it before the expiry of that
period, the court shall dismiss the application.
(9) Where,
on an application mentioned in paragraph (1), the Magistrate is not
satisfied that there are reasonable grounds for believing that the further
detention of the person to whom the application relates is justified he shall –
(a) refuse
the application; or
(b) adjourn
the hearing of it until a time not later than 36 hours after the relevant time.
(10) The
person to whom the application relates may be kept in police detention during
the adjournment.
(11) A
warrant of further detention shall state the time at which it is issued and
authorize the keeping in police detention of the person to whom it relates for
the period stated in it.
(12) Subject
to paragraph (13), the period stated in a warrant of further detention shall be
any period the court thinks fit, having regard to the evidence before it.
(13) The
period shall not be longer than 36 hours.
(14) Any
information submitted in support of an application under this Article shall
state –
(a) the
nature of the offence for which the person to whom the application relates has
been arrested;
(b) the
general nature of the evidence on which that person was arrested;
(c) what
inquiries relating to the offence have been made by the Force or the Honorary
Police and what further inquiries are proposed by them; and
(d) the
reasons for believing the continued detention of that person to be necessary
for the purposes of those further inquiries.
(15) Where an
application under this Article is refused, the person to whom the application
relates shall forthwith be charged or, subject to paragraph (16), released
by the custody officer, either on bail or without bail.
(16) A person
need not be released under paragraph (15) –
(a) before
the expiry of 24 hours after the relevant time; or
(b) before
the expiry of any longer period for which his continued detention is or has
been authorized under Article 40.
(17) Where an
application under this Article is refused, no further application shall be made
under this Article in respect of the person to whom the refusal relates, unless
supported by evidence which has come to light since the refusal.
(18) Where a
warrant of further detention is issued, the person to whom it relates shall be
released by the custody officer from police detention, either on bail or without
bail, upon or before the expiry of the warrant unless he is charged.
(19) A person
released under paragraph (18) shall not be re-arrested for the offence for
which he was previously arrested unless new evidence justifying a further
arrest has come to light since his release, but this paragraph shall not
prevent an arrest under Article 44.
42 Extension
of warrants of further detention
(1) On
an application on oath made by a police officer and supported by information in
writing the Magistrate may extend a warrant of further detention issued under
Article 41 if he is satisfied that there are reasonable grounds for believing
that the further detention of the person to whom the application relates is
justified.
(2) Subject
to paragraph (3), the period for which a warrant of further detention may be
extended shall be any period the court thinks fit, having regard to the
evidence before it.
(3) The
period shall not be longer than 36 hours or end later than 96 hours after the
relevant time.
(4) Where
a warrant of further detention has been extended under paragraph (1), or
further extended under this paragraph, for a period ending before 96 hours
after the relevant time, on an application mentioned in that paragraph, the
Magistrate may further extend the warrant if he is satisfied as there
mentioned, and paragraphs (2) and (3) apply to any further extensions as they
apply to extensions under paragraph (1).
(5) A
warrant of further detention shall, if extended or further extended under this
Article, be endorsed with a note of the period of the extension.
(6) Article
41(2), (3), (4) and (14) shall apply to an application made under this Article
as they apply to an application made under that Article.
(7) Where
an application under this Article is refused, the person to whom the
application relates shall forthwith be charged or, subject to
paragraph (8), released by the custody officer, either on bail or without
bail.
(8) A
person need not be released under paragraph (7) before the expiry of any period
for which a warrant of further detention issued in relation to him has been
extended or further extended on an earlier application made under this Article.
Detention - miscellaneous
43 Detention
after charge
(1) Where
a person is charged with an offence and after being charged is kept in police
detention or is detained pursuant to arrangements made under Article 36(6) or a
warrant issued under Article 13 of the Loi (1864) réglant la procédure
criminelle,[28] he shall be brought before
the Magistrate’s Court in accordance with this Article.
(2) He
shall be brought before the court as soon as is practicable and in any event
not later than the first sitting after he is charged with the offence.
(3) If
the court is not due to sit either on the day on which he is charged or on the
next day, the custody officer for the police station at which he was charged
shall inform the Judicial Greffier that there is a person to whom paragraph (2)
applies.
(4) Subject
to paragraph (5), where the Judicial Greffier has been informed under paragraph
(3) that there is a person to whom paragraph (2) applies, he shall arrange for
the court to sit not later than the day next following the relevant day.
(5) Where
the day next following the relevant day is Christmas Day, Good Friday or a
Sunday, the Judicial Greffier shall, under paragraph (4), arrange for a court
to sit not later than the first day after the relevant day which is not one of
those days.
(6) Nothing
in this Article requires a person who is in hospital to be brought before the
court if he is not well enough.
(7) In
this Article “the relevant day” means the day on which the person
was charged.
44 Power
of arrest if failure to attend at police station when required to
do so
(1) A
police officer may arrest any person who, having been released on bail under
this Part to attend at a police station or parish hall enquiry, fails to attend
as required.
(2) A
person who is arrested under this Article shall be taken to a designated police
station as soon as practicable after the arrest.
(3) For
the purpose of Article 28, subject to the obligation in paragraph (2), an
arrest under this Article shall be treated as an arrest for an offence.
45 Further
provisions after arrest
(1) Nothing
shall prevent the re-arrest of a person released on bail to attend at a police
station if new evidence justifying a further arrest has come to light since his
release.
(3) Where
a person who has been granted bail and either has attended at the police
station in accordance with the grant of bail or has been arrested under Article
44 is detained at a police station, any time during which he was in police
detention prior to being granted bail shall be included as part of any period
which falls to be calculated under this Part.
(4) Where
a person who was released on bail to attend at a police station is re-arrested,
this Part shall apply to him as it applies to a person arrested for the first
time, but this paragraph shall not apply to a person who is arrested under Article
44 or has attended a police station to answer bail, and who accordingly is
treated by Article 32(6) as arrested for an offence.
46 Remands
in police custody
(1) Where
the Magistrate’s Court has power to remand a person in custody it may, if
the remand is for a period not exceeding 3 days, commit him to detention
at a police station.
(2) Where
a person is committed to detention at a police station under paragraph (1) –
(a) he
shall not be kept in that detention unless there is a need for him to be so detained
for the purposes of inquiries into other offences;
(b) if
kept in that detention, he shall be brought back before the court as soon as
that need ceases;
(c) he
shall be treated as a person in police detention to whom the duties under
Article 37 relate; and
(d) his
detention shall be subject to periodic review at the times set out in Article
38.
47 Records
of detention
(1) The
Chief Officer shall cause the Force to keep written records showing for each
year –
(a) the
number of persons kept in police detention for more than 24 hours and
subsequently released without charge;
(b) the
number of applications for warrants of further detention and the results of the
applications; and
(c) in
relation to each warrant of further detention –
(i) the period of further
detention authorized by it,
(ii) the period which
the person named in it spent in police detention on its authority, and
(iii) whether he was charged
or released without charge.
(2) Every
annual report made by the Chief Officer shall contain information about the
matters mentioned in paragraph (1) in respect of the period to which the
report relates.
48 Savings
Nothing in this Part shall affect –
(a) the
powers conferred on immigration officers by section 4 of and Schedule 2 to the
Immigration Act 1971;
(b) the
powers conferred by or by virtue of Article
13 of the 1996 Law or the Third Schedule to that Law;[29]
(c) any
duty of a police officer under –
(i) section 129, 190
or 202 of the Army Act 1955 of the United Kingdom as applied to the Island by
the Army Act 1955 (Jersey) Order 1996;
(ii) section 129, 190
or 202 of the Air Force Act 1955 of the United Kingdom as applied to the Island
by the Air Force Act 1955 (Jersey) Order
1996; or
(iii) section 107 of the
Naval Discipline Act 1957 of the United Kingdom as applied to the Island by the
Naval Discipline Act 1955 (Jersey) Order
1996;
(d) any
right of a person in police detention to apply for a writ of habeas corpus or
other prerogative remedy.
PART 6
QUESTIONING AND TREATMENT OF
PERSONS BY POLICE OFFICERS
49 Fingerprinting
of certain offenders
(1) If
a person has been convicted of a relevant offence, has not at any time been in
police detention for the offence and has not had his fingerprints taken in the
course of the investigation of the offence by the police or since the
conviction, any police officer may at any time not later than one month after
the date of the conviction require him to attend a police station in order that
his fingerprints may be taken.
(2) Where
a person convicted of a relevant offence has had his fingerprints taken, either
in the course of the investigation by the police or since the conviction and –
(a) the
fingerprints taken do not constitute a complete set of fingerprints; or
(b) some
or all of the fingerprints taken are not of sufficient quality to allow
satisfactory analysis, comparison or matching,
any police officer may, at any time not later than one month after
the date of the conviction or, if later, the date on which some or all of the
fingerprints are found to be not of such quality, require him to attend a
police station in order that his fingerprints may be taken again.
(3) A
requirement under paragraph (1) or (2) –
(a) shall
give the person a period of at least 7 days within which he shall so attend;
and
(b) may
direct him to so attend at a specified time of day or between specified times
of day.
(4) Any
police officer may arrest a person who has failed to comply with a requirement
under paragraph (1) or (2).
(5) The
Committee may by Order specify offences that are relevant offences for the
purposes of this Law.
50 Searches
of detained persons
(1) The
custody officer at a police station shall ascertain and record or cause to be
recorded everything which a person has with him when he is –
(a) brought
to the station after being arrested elsewhere or after being committed to
custody by an order or sentence of a court; or
(b) arrested
at the station or detained there, as a person falling within Article 32(6),
under Article 35.
(2) In
the case of an arrested person the record shall be made as part of his custody
record.
(3) Subject
to paragraph (4), a custody officer may seize and retain that thing or cause
that thing to be seized and retained.
(4) Clothes
and personal effects may only be seized if the custody officer –
(a) believes
that the person from whom they are seized may use them –
(i) to cause physical
injury to himself or any other person,
(ii) to damage
property,
(iii) to interfere with
evidence, or
(iv) to assist him to
escape;
or
(b) has
reasonable grounds for believing that they may be evidence relating to an
offence.
(5) Where
anything is seized, the person from whom it is seized shall be told the reason
for the seizure unless he is –
(a) violent
or likely to become violent; or
(b) incapable
of understanding what is said to him.
(6) Subject
to paragraph (10), a person may be searched if the custody officer
considers it necessary to enable him to comply with paragraph (1) and to
the extent that the custody officer considers necessary for that purpose.
(7) Subject
to paragraph (10), a person who is in custody at a police station or is in
police detention otherwise than at a police station may at any time be searched
in order to ascertain whether he has with him anything which he could use for
the purposes specified in paragraph (4)(a).
(8) Subject
to paragraph (9), a police officer may seize and retain, or cause to be
seized and retained, anything found in that search.
(9) A
police officer may only seize clothes and personal effects in the circumstances
specified in paragraph (4).
(10) An
intimate search may not be conducted under this Article.
(11) A search
under this Article shall be carried out by a police officer or by a civilian
support officer.
(12) The
police officer or civilian support officer carrying out a search shall be of
the same sex as the person searched.
51 Intimate
searches
(1) Subject
to this Article, an officer of the Force of at least the rank of inspector may
authorize an intimate search of a person who has been arrested and is in police
detention if he has reasonable grounds for believing –
(a) that
that person may have concealed on him anything which he could use to cause
physical injury to himself or others and which he might so use while he is in
police detention or in the custody of a court; or
(b) that
that person may have concealed on him a controlled drug, as defined in
Article 3(1)(a) of the Misuse of Drugs
(Jersey) Law 1978,[30] and was in possession of it
with the appropriate criminal intent before his arrest.
(2) An
officer may not authorize an intimate search of a person for anything unless he
has reasonable grounds for believing that it cannot be found without that
person being intimately searched.
(3) An
officer may give an authorization under paragraph (1) orally or in writing
but, if he gives it orally, he shall confirm it in writing as soon as is
practicable.
(4) An
intimate search which is only a drug offence search shall be by way of
examination by a registered medical practitioner.
(5) Except
as provided by paragraph (4), an intimate search shall be by way of
examination by a registered medical practitioner unless an officer of the Force
of at least the rank of inspector considers that this is not practicable.
(6) An
intimate search which is not carried out as mentioned in paragraph (5) shall be
carried out by an officer of the Force.
(7) An
officer of the Force may not carry out an intimate search of a person of the
opposite sex.
(8) No
intimate search may be carried out except –
(a) at
a police station;
(b) at
a hospital;
(c) at
a registered medical practitioner’s surgery; or
(d) at
some other place used for medical purposes.
(9) An
intimate search which is only a drug offence search may not be carried out at a
police station.
(10) If an
intimate search of a person is carried out, the custody record relating to him
shall state which parts of his body were searched and why they were searched.
(11) The
information required to be recorded by paragraph (10) shall be recorded as
soon as practicable after the completion of the search.
(12) The
custody officer at a police station may seize and retain anything which is
found on an intimate search of a person, or cause it to be seized and retained –
(a) if
he believes that the person from whom it is seized may use it –
(i) to cause physical
injury to himself or any other person,
(ii) to damage
property,
(iii) to interfere with
evidence, or
(iv) to assist him to
escape;
or
(b) if
he has reasonable grounds for believing that it may be evidence relating to an
offence.
(13) Where
anything is seized under this Article, the person from whom it is seized shall
be told the reason for the seizure unless he is –
(a) violent
or likely to become violent; or
(b) incapable
of understanding what is said to him.
(14) Every
annual report made by the Chief Officer shall contain information about
searches under this Article which have been carried out during the period to
which it relates.
(15) The
information about those searches shall include –
(a) the
total number of searches;
(b) the
number of searches conducted by way of examination by a registered medical
practitioner;
(c) the
number of searches not so conducted but conducted in the presence of that
person; and
(d) the
result of the searches carried out.
(16) The
information shall also include, as separate items, the total number of drug
offence searches and the result of those searches.
(17) In this
Article –
“the appropriate criminal
intent” means an intent to commit an
offence under –
(a) Article 6(2)
of the Misuse of Drugs (Jersey) Law 1978;[31] or
(b) Article 61
of the Customs and Excise (Jersey) Law 1999;[32]
“drug offence search” means an intimate search for a controlled drug which an officer has
authorized by virtue of paragraph (1)(b).
52 Right
to have someone informed when arrested
(1) Where
a person has been arrested and is being held in custody in a police station or
on other premises, he shall be entitled, if he so requests, to have one friend
or relative or other person who is known to him or who is likely to take an
interest in his welfare told, as soon as is practicable except to the extent
that delay is permitted by this Article, that he has been arrested and is being
detained there.
(2) Delay
is only permitted in the case of a person who is in police detention for a
serious offence and if an officer of the Force of at least the rank of
inspector authorizes it.
(3) In
any case the person in custody shall be permitted to exercise the right
conferred by paragraph (1) within 36 hours from the relevant time.
(4) An
officer may give an authorization under paragraph (2) orally or in writing
but, if he gives it orally, he shall confirm it in writing as soon as is
practicable.
(5) Subject
to paragraph (6), an officer may only authorize delay where he has
reasonable grounds for believing that telling the named person of the arrest –
(a) will
lead to interference with or harm to evidence connected with a serious offence
or interference with or physical injury to other persons; or
(b) will
lead to the alerting of other persons suspected of having committed that
offence but not yet arrested for it; or
(c) will
hinder the recovery of any property obtained as a result of that offence.
(6) An
officer may also authorize delay where the serious offence is a drug
trafficking offence or money laundering offence and the officer has reasonable
grounds for believing –
(a) where
the offence is a drug trafficking offence, that the detained person has
benefited from drug trafficking and that the recovery of the value of that
person’s proceeds of drug trafficking will be hindered by telling the
named person of the arrest;
(b) where
the offence is a money laundering offence, that the detained person has
benefited from the offence and that the recovery of the value of the property
obtained by that person from or in connection with the offence or of the
pecuniary advantage derived by him from or in connection with it will be
hindered by telling the named person of the arrest.
(7) If
a delay is authorized the detained person shall be told the reason for it and
the reason shall be noted on his custody record.
(8) The
duties imposed by paragraph (7) shall be performed as soon as is practicable.
(9) The
rights conferred by this Article on a person detained at a police station or
other premises are exercisable whenever he is transferred from one place to
another, and this Article applies to each subsequent occasion on which they are
exercisable as it applies to the first occasion.
(10) There
shall be no further delay in permitting the exercise of the right conferred by
paragraph (1) once the reason for authorizing delay ceases to subsist.
(11) In this
Article references to a person who has been arrested include references to a
person who has been detained under the terrorism provisions and
“arrest” includes detention under those provisions.
(12) In its
application to a person who has been arrested or detained under the terrorism
provisions –
(a) paragraph (2)
shall have effect as if for the words “for a serious offence” there
were substituted the words “under the terrorism provisions”;
(b) paragraph (3)
shall have effect as if for the words from “within” onwards there
were substituted the words “before the end of the period beyond which he
may no longer be detained without the authority of the Bailiff”; and
(c) paragraph
(5) shall have effect as if at the end there were added –
“or
(d) will lead to interference with the gathering
of information about the commission, preparation or instigation of acts of
terrorism; or
(e) by alerting any person, will make it more
difficult –
(i) to
prevent an act of terrorism, or
(ii) to
secure the apprehension, prosecution or conviction of any person in connection
with the commission, preparation or instigation of an act of terrorism.”.
53 Additional
rights of persons not of full age who are arrested
(1) Where
a person not of full age is in police detention, any steps which are
practicable shall be taken to ascertain the identity of a person responsible
for his welfare.
(2) Where
the identity of a person responsible for the welfare of the person detained can
be ascertained the person responsible shall be informed, as soon as practicable –
(a) that
the person has been arrested;
(b) why
he has been arrested; and
(c) where
he is being detained.
(3) For
the purposes of this Article the persons who may be responsible for the welfare
of a person not of full age are –
(a) his
parent or guardian; or
(b) any
other person who has for the time being assumed responsibility for his welfare.
(4) If
it appears that at the time of his arrest a supervision order or interim supervision
order made under the Children (Jersey) Law 1969[33] is in force in respect of
him, the person responsible for his supervision shall also be informed as
described in paragraph (2) as soon as it is reasonably practicable to do
so.
(5) The
rights conferred on a person not of full age by paragraphs (2) to (4) are in
addition to his rights under Article 52.
(6) The
reference in paragraph (1) to a person not of full age who is in police
detention includes a reference to a like person who has been detained under the
terrorism provisions, and in paragraph (2) any reference to arrest
includes that detention.
54 Access
to legal advice
(1) A
person arrested and held in custody in a police station or other premises shall
be afforded facilities, if he so requests, to consult a legal representative in
private at any time, by telephone, in writing or in person.
(2) Subject
to paragraph (3), a request under paragraph (1) and the time at which it was
made shall be recorded in the custody record.
(3) That
request need not be recorded in the custody record of a person who makes it at
a time while he is at a court after being charged with an offence.
(4) If
a person makes that request, he shall be afforded the facilities to consult a
legal representative as soon as is practicable except to the extent that delay
is permitted by this Article.
(5) In
any case he shall be afforded the facilities to consult a legal representative
within 36 hours from the relevant time.
(6) Delay
in compliance with a request is only permitted in the case of a person who is
in police detention for a serious offence and if an officer of the Force of at
least the rank of chief inspector authorizes it.
(7) An
officer may give an authorization under paragraph (6) orally or in writing
but, if he gives it orally, he shall confirm it in writing as soon as is
practicable.
(8) Subject
to paragraph (9), an officer may only authorize delay where he has
reasonable grounds for believing that the exercise of the right conferred by
paragraph (1) at the time when the person detained desires to exercise it –
(a) will
lead to interference with or harm to evidence connected with a serious offence
or interference with or physical injury to other persons; or
(b) will
lead to the alerting of other persons suspected of having committed that
offence but not yet arrested for it; or
(c) will
hinder the recovery of any property obtained as a result of that offence.
(9) An
officer may also authorize delay where the serious offence is a drug
trafficking offence or money laundering offence and the officer has reasonable
grounds for believing –
(a) where
the offence is a drug trafficking offence, that the detained person has
benefited from drug trafficking and that the recovery of the value of that
person’s proceeds of drug trafficking will be hindered by the exercise of
the right conferred by paragraph (1);
(b) where
the offence is a money laundering offence, that the detained person has
benefited from the offence and that the recovery of the value of the property
obtained by that person from or in connection with the offence or of the
pecuniary advantage derived by him from or in connection with it will be
hindered by the exercise of the right conferred by paragraph (1).
(10) If delay
is authorized the detained person shall be told the reason for it and the
reason shall be noted on his custody record.
(11) The
duties imposed by paragraph (10) shall be performed as soon as is
practicable.
(12) There
shall be no further delay in permitting the exercise of the right conferred by
paragraph (1) once the reason for authorizing delay ceases to subsist.
(13) The
reference in paragraph (1) to a person arrested includes a reference to a
person who has been detained under the terrorism provisions.
(14) In the
application of this Article to a person who has been arrested or detained under
the terrorism provisions –
(a) paragraph (5)
shall have effect as if for the words from “within” onwards there
were substituted the words “before the end of the period beyond which he
may no longer be detained without the authority of the Bailiff”;
(b) paragraph (6)
shall have effect as if for the words “for a serious offence” there
were substituted the words “under the terrorism provisions”; and
(c) paragraph (8)
shall have effect as if at the end there were added –
“or
(d) will lead to interference with the gathering
of information about the commission, preparation or instigation of acts of
terrorism; or
(e) by alerting any person, will make it more
difficult –
(i) to
prevent an act of terrorism, or
(ii) to
secure the apprehension, prosecution or conviction of any person in connection
with the commission, preparation or instigation of an act of terrorism.”.
(15) If an
officer of the Force of at least the rank of chief inspector has reasonable
grounds for believing that, unless he gives a direction under
paragraph (16), the exercise by a person arrested or detained under the
terrorism provisions of the right conferred by paragraph (1) will have any
of the consequences specified in paragraph (8) as it has effect by virtue
of paragraph (14), he may give a direction under paragraph (16).
(16) A
direction under this paragraph is a direction that a person desiring to
exercise the right conferred by paragraph (1) may only consult a legal
representative in the sight and hearing of an officer of the Force of at least
the rank of inspector who has no connection with the case.
(17) A
direction under paragraph (16) shall cease to have effect once the reason
for giving it ceases to subsist.
55 Fingerprinting
(1) Except
as provided by this Article no person’s fingerprints shall be taken
without the appropriate consent.
(2) Consent
to the taking of a person’s fingerprints shall be in writing if it is
given at a time when he is at a police station.
(3) The
fingerprints of a person detained at a police station may be taken without the
appropriate consent –
(a) if
an officer of the Force of at least the rank of inspector authorizes them to be
taken; or
(b) if
he has been charged with a relevant offence or informed that he may be prosecuted
for such an offence and he has not had his fingerprints taken in the course of
the investigation of the offence by the police.
(4) Where
a person detained at a police station and charged with a relevant offence or
informed that he will be prosecuted for such an offence has had his
fingerprints taken in the course of the investigation of the offence by the
police, his fingerprints may be taken again, without the appropriate consent,
if –
(a) the
fingerprints taken on the previous occasion do not constitute a complete set of
his fingerprints; or
(b) some
or all of the fingerprints taken on the previous occasion are not of sufficient
quality to allow satisfactory analysis, comparison or matching (whether in the
case in question or generally).
(5) An officer
may only give an authorization under paragraph (3)(a) if he has reasonable
grounds –
(a) for
suspecting the involvement of the person whose fingerprints are to be taken in
a criminal offence; and
(b) for
believing that the person’s fingerprints will tend to confirm or disprove
such involvement.
(6) The
fingerprints of a person who has answered to bail at a court or police station
may be taken, without the appropriate consent, at the court or police station
if the court or an officer of the Force of at least the rank of inspector
authorizes them to be taken.
(7) A
court or officer may only give an authorization under paragraph (6) if –
(a) the
person who has answered to bail has answered to it for a person whose
fingerprints were taken on a previous occasion and there are reasonable grounds
for believing that the person who has answered to bail is a different person
from the person whose fingerprints were taken previously; or
(b) the
person who has answered to bail claims to be a different person from a person
whose fingerprints were taken on a previous occasion.
(8) An
officer may give an authorization under paragraph (3)(a) or (6) orally or
in writing but, if he gives it orally, he shall confirm it in writing as soon
as is practicable.
(9) Any
person’s fingerprints may be taken without the appropriate consent if he
has been convicted of a relevant offence.
(10) In a
case where by virtue of paragraph (3), (4), (6) or (9) a person’s
fingerprints are taken without the appropriate consent –
(a) he
shall be told the reason before his fingerprints are taken; and
(b) the
reason shall be recorded as soon as is practicable after the fingerprints are
taken.
(11) If a
person’s fingerprints are taken at a police station, whether with or
without the appropriate consent –
(a) before
the fingerprints are taken, an officer shall inform him that they may be the
subject of a speculative search; and
(b) the
fact that the person has been informed of this possibility shall be recorded as
soon as is practicable after the fingerprints have been taken.
(12) If a
person is detained at a police station when the fingerprints are taken, the
reason for taking them, and in the case falling within paragraph (11), the
fact referred to in sub-paragraph (b) of that paragraph shall be recorded
on his custody record.
(13) Where a
person’s fingerprints are taken electronically they shall be taken only
in such manner and using such devices as the Committee has approved for the
purposes of electronic fingerprinting.
(14) Nothing
in this Article –
(a) affects
any power conferred by paragraph 18(2) of Schedule 2 to the
Immigration Act 1971; or
(b) except
as provided in Article 14(7) of, and
paragraph 7(5) of the Fifth Schedule to, the 1996 Law,[34] applies to a person arrested
or detained under the terrorism provisions.
56 Intimate
samples
(1) Subject
to Article 59, an intimate sample may be taken from a person in police
detention, or who is being held in police custody on the authority of a court,
only if an officer of the Force of at least the rank of inspector authorizes it
to be taken and the appropriate consent is given.
(2) An
intimate sample may be taken from a person who is not in police detention but
from whom, in the course of the investigation of an offence, 2 or more
non-intimate samples suitable for the same means of analysis have been taken
which have proved insufficient if an officer of the Force of at least the rank
of inspector authorizes it to be taken and the appropriate consent is given.
(3) An
officer may only give an authorization under paragraph (1) or (2) if he
has reasonable grounds –
(a) for
suspecting the involvement of the person from whom the sample is to be taken in
a relevant offence; and
(b) for
believing that the sample will tend to confirm or disprove his involvement.
(4) An
officer may give an authorization under paragraph (1) or (2) orally or in
writing but, if he gives it orally, he shall confirm it in writing as soon as
is practicable.
(5) The
appropriate consent shall be given in writing.
(6) Where
an authorization has been given and it is proposed that an intimate sample
shall be taken in pursuance of the authorization, an officer shall inform the
person from whom the sample is to be taken of the giving of the authorization
and of the grounds for giving it.
(7) The
grounds referred to in paragraph (6) include the nature of the offence in which
it is suspected that the person from whom the sample is to be taken has been
involved.
(8) If
an intimate sample is taken from a person the authorization by virtue of which
it was taken, the grounds for giving the authorization and the fact that the
appropriate consent was given, shall be recorded as soon as is practicable
after the sample is taken.
(9) If
an intimate sample is taken from a person at a police station –
(a) before
the sample is taken, an officer shall inform him that it may be the subject of
a speculative search; and
(b) the
fact that the person has been informed of this possibility shall be recorded as
soon as practicable after the sample has been taken.
(10) If an
intimate sample is taken from a person detained at a police station, the
matters required to be recorded by paragraph (8) or (9) shall be recorded in
his custody record.
(11) An
intimate sample, other than a sample of urine or a dental impression, may only
be taken from a person by a registered medical practitioner or a registered
nurse and a dental impression may only be taken by a registered dentist.
(12) Where
the appropriate consent to the taking of an intimate sample from a person was
refused without good cause, in any proceedings against that person for an
offence a court, in determining whether there is a case to answer and a court
or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper.
(13) Nothing
in this Article affects Articles 16A to 16E of the Road Traffic (Jersey) Law 1956.[35]
(14) Nothing
in this Article, except as provided in Article 14(8)
and (10) of, and paragraph 7(6) and (8) of the Fifth Schedule to, the 1996 Law[36] applies to a person arrested
or detained under the terrorism provisions.
57 Other
samples
(1) Except
as provided by this Article a non-intimate sample may not be taken from a
person without the appropriate consent.
(2) Consent
to the taking of a non-intimate sample shall be given in writing.
(3) A
non-intimate sample may be taken from a person without the appropriate consent
if –
(a) he
is in police detention or is being held in custody by the police on the
authority of a court; and
(b) an
officer of the Force of at least the rank of inspector authorizes it to be
taken without the appropriate consent.
(4) A
non-intimate sample may be taken from a person, whether or not he falls within
paragraph (3)(a), without the appropriate consent if –
(a) he
has been charged with a relevant offence or informed that he may be prosecuted
for that offence; and
(b) either
he has not had a non-intimate sample taken from him in the course of the
investigation of the offence by the police or he has had a non-intimate sample
taken from him but either it was not suitable for the same means of analysis
or, though so suitable, the sample proved insufficient.
(5) A
non-intimate sample may be taken from a person without the appropriate consent
if he has been convicted of a relevant offence.
(6) An
officer may only give an authorization under paragraph (3) if he has
reasonable grounds –
(a) for
suspecting the involvement of the person from whom the sample is to be taken in
a relevant offence; and
(b) for
believing that the sample will tend to confirm or disprove his involvement.
(7) An
officer may give an authorization under paragraph (3) orally or in writing
but, if he gives it orally, he shall confirm it in writing as soon as is
practicable.
(8) An
officer shall not give an authorization under paragraph (3) for the taking
from any person of a non-intimate sample consisting of a skin impression if –
(a) a
skin impression of the same part of the body has already been taken from that
person in the course of the investigation of the offence; and
(b) the
impression previously taken is not one that has proved insufficient.
(9) Where
an authorization has been given and it is proposed that a non-intimate sample
shall be taken in pursuance of the authorization, an officer shall inform the person
from whom the sample is to be taken of the giving of the authorization and of
the grounds for giving it.
(10) The
grounds referred to in paragraph (9) include the nature of the offence in
which it is suspected that the person from whom the sample is to be taken has
been involved.
(11) If a
non-intimate sample is taken from a person by virtue of paragraph (3) the
authorization by virtue of which it was taken and the grounds for giving the
authorization, shall be recorded as soon as is practicable after the sample is
taken.
(12) In a
case where by virtue of paragraph (4) or (5) a sample is taken from a person
without the appropriate consent he shall be told the reason before the sample
is taken and the reason shall be recorded as soon as practicable after the
sample is taken.
(13) If a
non-intimate sample is taken from a person at a police station, whether with or
without the appropriate consent –
(a) before
the sample is taken, a police officer shall inform him that it may be the
subject of a speculative search; and
(b) the
fact that the person has been informed of this possibility shall be recorded as
soon as practicable after the sample has been taken.
(14) If a
non-intimate sample is taken from a person detained at a police station, the
matters required to be recorded by paragraph (11), (12) or (13) shall be
recorded in his custody record.
(15) Where a
non-intimate sample consisting of a skin impression is taken electronically
from a person, it must be taken only in such manner, and using such devices, as
the Committee has approved for the purpose of the electronic taking of such an
impression.
(16) Paragraph (5)
shall not apply to persons convicted before this Article comes into force.
(17) Nothing
in this Article, except as provided in Article 14(9)
and (10) of and paragraph 7(7) and (8) of the Fifth Schedule to the 1996 Law,[37] applies to a person arrested
or detained under the terrorism provisions.
58 Fingerprints
and samples - supplementary provisions
(1) Fingerprints
or samples or the information derived from samples taken under any power
conferred by this Part from a person who has been arrested on suspicion of
being involved in a relevant offence or has been charged with or informed that
he will be prosecuted for such an offence may be checked against other
fingerprints or samples or the information derived from other samples –
(a) held
in connection with or as a result of an investigation of an offence;
(b) contained
in records held by or on behalf of the Force;
(c) contained
in any similar records held by a police force elsewhere in the British Islands
or in Northern Ireland; or
(d) contained
in any similar records held by any other police force or authority, body or
person specified pursuant to paragraph (2).
(2) The
Committee may by Order specify, for the purposes of paragraph (1)(d) –
(a) any
police force of a country or territory outside the British Islands and Northern
Ireland;
(b) any
person or public authority in the British Islands or Northern Ireland having
functions which consist of or include the provision of criminal intelligence,
the prevention and detection of serious crime, the investigation of crimes and
the charging of offences;
(c) any
person or public authority of a country or territory outside the British
Islands and Northern Ireland whose functions correspond to those of a police
force or otherwise consist of or include the investigation of conduct contrary
to the law of that country or territory, or the apprehension of persons guilty
of such conduct;
(d) any
person with functions under any international agreement which consist of or
include –
(i) the investigation
of conduct which is unlawful under the law of one or more places, prohibited by
such an agreement or contrary to international law, or
(ii) the apprehension
of persons guilty of such conduct.
(3) Where –
(a) fingerprints
or samples have been taken from any person in connection with the investigation
of an offence but otherwise than in circumstances to which paragraph (1)
applies; and
(b) that
person has given his written consent to the use, in a speculative search, of
the fingerprints or of the samples and of information derived from them,
the fingerprints or, as the case may be, those samples and that
information may be checked against any of the fingerprints, samples or
information mentioned in that paragraph.
(4) A
consent given for the purposes of paragraph (3) cannot be withdrawn.
(5) Where
a sample of hair other than pubic hair is to be taken the sample may be taken
either by cutting hairs or by plucking hairs with their roots so long as no
more are plucked than the person taking the sample reasonably considers to be
necessary for a sufficient sample.
(6) Where
any power to take a sample is exercisable in relation to a person the sample
may be taken in a prison or other institution to which the Prison (Jersey) Law
1957[38] applies.
(7) Any
police officer may, within the allowed period, require a person who is neither
in police detention nor held in custody by the police on the authority of a
court to attend a police station in order to have a sample taken where –
(a) the
person has been charged with a relevant offence or informed that he will be
prosecuted for that offence and either –
(i) he has not had a
sample taken from him in the course of the investigation of the offence by the
Force or the Honorary Police, or
(ii) he has had a
sample so taken from him but either it was not suitable for the same means of
analysis or, though so suitable, the sample proved insufficient; or
(b) the
person has been convicted of a relevant offence and either –
(i) he has not had a
sample taken from him since the conviction, or
(ii) he has had a
sample taken from him, before or after his conviction, but either it was not
suitable for the same means of analysis or, though so suitable, the sample
proved insufficient.
(8) The
period allowed for requiring a person to attend a police station for the
purpose specified in paragraph (7) is –
(a) for
a person falling within sub-paragraph (a) –
(i) in the case
described in sub-paragraph (a)(i), one month beginning with the date of the
charge, or
(ii) in the case
described in sub-paragraph (a)(ii), the date on which the appropriate officer
is informed of the fact that the sample is not suitable for the same means of
analysis or has proved insufficient;
(b) for
a person falling within sub-paragraph (b) –
(i) in the case
described in sub-paragraph (b)(i), one month beginning with the date of
the conviction, or
(ii) in the case
described in sub-paragraph (b)(ii), the date on which the appropriate
officer is informed of the fact that the sample is not suitable for the same
means of analysis or has proved insufficient.
(9) A
requirement under paragraph (7) shall give the person at least 7 days
within which he shall so attend and may direct him to attend at a specified
time of day or between specified times of day.
(10) Any
police officer may arrest a person who has failed to comply with a requirement
under paragraph (7).
(11) In this
Article “the appropriate officer” is –
(a) in
the case of a person falling within paragraph (7)(a), the officer
investigating the offence with which that person has been charged or as to
which he was informed that he would be prosecuted;
(b) in
the case of a person falling within paragraph (7)(b), the officer in
charge of the police station from which the investigation of the offence of
which he was convicted was conducted.
59 Testing
for presence of Class A drugs
(1) Without
prejudice to the generality of Articles 56 and 57, a sample of urine or a
non-intimate sample may be taken from a person of full age in police detention,
for the purpose of ascertaining whether he has any specified Class A drug in
his body, if an officer of the Force has asked him to give a sample and -
(a) he
has been charged with –
(i) larceny,
including robbery,
(ii) breaking and
entering or illegal entry,
(iii) any offence under
Article 28 of the Road Traffic (Jersey) Law 1956;[39] or
(iv) any offence under
Article 5 or 6(1) or (2) of the Misuse of Drugs (Jersey) Law 1978[40] or under Article 33 or
61(2) of the Customs and Excise (Jersey) Law 1999,[41] if committed in respect of a
specified Class A drug;
or
(b) he
has been charged with any offence, and an officer of the Force of at least the
rank of inspector, who has reasonable grounds for suspecting that the misuse by
that person of any specified Class A drug caused or contributed to the offence,
has authorized the sample to be taken.
(2) Before
asking the person to give a sample, an officer of the Force must –
(a) warn
him that if, when so asked, he fails without good cause to give the sample, he
may be liable to prosecution; and
(b) in
a case within paragraph (1)(b), inform him that the authorization has been
given and of the grounds for it.
(3) A
sample may be taken under this Article only by a specified person.
(4) Information
obtained from a sample taken under this Article may be disclosed –
(a) for
the purpose of informing any decision about granting bail in criminal
proceedings to the person concerned;
(b) where
the person concerned is in police detention or remanded in or committed to
custody by an order of court or pursuant to a warrant issued under Article 13
of the Loi (1864) réglant la
procédure criminelle[42] or has been granted such
bail, for the purpose of informing any decision about his supervision;
(c) where
the person concerned is convicted of an offence, for the purpose of informing
any decision about the appropriate sentence to be passed by a court and any
decision about his supervision or release;
(d) for
the purpose of ensuring that appropriate advice and treatment is made available
to the person concerned.
(5) An
officer may give an authorization under paragraph (1)(b) orally or in
writing but, if he gives it orally, he shall confirm it in writing as soon as
is practicable.
(6) If
a sample is taken pursuant to an authorization under paragraph (1)(b), the
authorization and the grounds for the suspicion shall be recorded as soon as is
practicable after the sample is taken.
(7) If
the sample is taken from a person detained at a police station, the matters required
to be recorded by paragraph (6) shall be recorded in his custody record.
(8) Nothing
in this Article shall affect Articles 16A to 16E of the Road Traffic (Jersey)
Law 1956.[43]
(9) Nothing
in this Article, except as provided in Article
14(8) and (10) of, and paragraph 7(6) and (8) of the Fifth Schedule to, the
1996 Law[44] applies to a person arrested
or detained under the terrorism provisions.
(10) A person
who fails without good cause to give any sample which may be taken from him
under this Article shall be guilty of an offence and liable to imprisonment for
a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale,[45] or both.
(11) The
Committee may by Order –
(a) specify
Class A drugs for the purposes of paragraph (1);
(b) amend
paragraph (1)(a) so as to add, modify or omit any description of offence and so
as to extend it to persons who have been arrested for, but not charged with,
the offences in question;
(c) specify
persons for the purposes of paragraph (3).
60 Retention,
use and destruction of fingerprints and samples
(1) Where –
(a) fingerprints
or samples are taken from a person in connection with the investigation of an offence;
and
(b) paragraph
(3) does not require them to be destroyed,
the fingerprints or samples may be retained after they have
fulfilled the purposes for which they were taken but shall not be used by any
person except for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution.
(2) In
paragraph (1) –
(a) the
reference to using a fingerprint includes a reference to allowing any check to
be made against it under paragraph (1) or (3) of Article 58 and to
disclosing it to any person;
(b) the
reference to using a sample includes a reference to allowing any check to be
made under paragraph (1) or (3) of Article 58 against it or against information
derived from it and to disclosing it or any such information to any person;
(c) the
reference to a crime includes a reference to any conduct which –
(i) constitutes one
or more criminal offences under the law of the Island or of any country or
territory outside the Island, or
(ii) is, or
corresponds to, any conduct which, if it all took place in the Island, would
constitute one or more criminal offences; and
(d) the
references to an investigation and to a prosecution include references,
respectively, to any investigation outside the Island of any crime or suspected
crime and to a prosecution brought in respect of any crime in a country or
territory outside the Island.
(3) If
fingerprints or samples are taken from a person in connection with the
investigation of an offence and that person is not suspected of having
committed the offence, they shall, except as provided in this Article, be
destroyed as soon as they have fulfilled the purpose for which they were taken.
(4) Samples
and fingerprints are not required to be destroyed under paragraph (3) if –
(a) they
were taken for the purposes of the investigation of an offence of which a
person has been convicted; and
(b) a
sample or, as the case may be, fingerprint was also taken from the convicted
person for the purposes of that investigation.
(5) Subject
to paragraph (6), where a person is entitled under paragraph (3) to the
destruction of any fingerprint or sample taken from him (or would be but for
paragraph (4)), neither the fingerprint nor the sample, nor any information
derived from the sample, shall be used –
(a) in
evidence against the person who is or would be entitled to the destruction of
that fingerprint or sample; or
(b) for
the purposes of the investigation of any offence,
and paragraph (2) applies for the purposes of this paragraph as it
applies for the purposes of paragraph (1).
(6) Where
a person from whom a fingerprint or sample has been taken consents in writing
to its retention –
(a) that
sample need not be destroyed under paragraph (3);
(b) paragraph
(5) shall not restrict the use that may be made of the fingerprint or sample
or, in the case of a sample, of any information derived from it; and
(c) that
consent –
(i) shall be treated
as comprising a consent for the purposes of Article 58(3), and
(ii) cannot be
withdrawn.
(7) For
the purposes of paragraph (6), it shall be immaterial whether the consent is
given at, before or after the time when the entitlement to the destruction of
the fingerprint or sample arises.
(8) If
fingerprints are destroyed –
(a) any
copies of the fingerprints shall also be destroyed; and
(b) any
police officer controlling access to computer data relating to the fingerprints
shall make access to the data impossible, as soon as it is practicable to do
so.
(9) A
person who asks to be allowed to witness the destruction of his fingerprints or
copies of them shall have a right to witness it.
(10) If
paragraph (8)(b) falls to be complied with and the person to whose fingerprints
the data relates asks for a certificate that it has been complied with, that
certificate shall be issued to him, not later than the end of the period of 3
months beginning with the day on which he asks for it, by the Chief Officer or
a person authorized by him or on his behalf for the purposes of this Article.
(11) Nothing
in this Article –
(a) affects
any power conferred by paragraph 18(2) of Schedule 2 to the Immigration
Act 1971; or
(b) applies
to a person arrested or detained under the terrorism provisions.
(12) For the
purposes of this Article, a person who is cautioned or fined for any offence
following a parish hall enquiry shall not be regarded as having been cleared of
that offence, and any fingerprints or samples taken from that person in
pursuance of the investigation of that offence need not be destroyed.
PART 7
CODES OF PRACTICE - GENERAL
61 Codes
of practice
(1) The
Committee shall bring into operation, in accordance with Article 62, codes of
practice –
(a) in
connection with –
(i) the exercise by
police officers of statutory powers to search a person without first arresting
him or to search a vehicle without making an arrest,
(ii) the detention,
treatment, questioning and identification of persons by police officers,
(iii) searches of premises by
police officers,
(iv) the seizure of property
found by police officers on persons or premises, and
(v) the exercise by police
officers of powers under Article 59;
(b) requiring
the recording, by any electronic means, of interviews of persons suspected of
the commission of criminal offences, or of specified descriptions of criminal
offences, which are held by police officers at police stations or specified
descriptions of police stations.
(2) The
Committee may bring into operation, in accordance with Article 62, a code of
practice specifying matters of which an officer of the Force must be satisfied
and matters to which he must have regard in order to determine, for the
purposes of the grounds for detention, that there is sufficient evidence to
charge a person.
62 Codes
of practice - supplementary
(1) When
the Committee proposes to bring into operation a code of practice, it shall
prepare and publish a draft of that code, shall consider any representations made
to it about the draft and may modify the draft accordingly.
(2) After
the Committee has complied with paragraph (1), it may bring the code into
operation by Order.
(3) An
Order bringing a code of practice into operation may contain any transitional
provisions or savings that appear to the Committee to be necessary or expedient
in connection with the code of practice thereby brought into operation.
(4) The
Committee may from time to time revise the whole or any part of a code of
practice and bring into operation that revised code, and this Article shall
apply, with appropriate modifications, to that revised code as it applies to
the first code brought into operation.
(5) Persons
other than police officers responsible for investigating offences or charging
offenders shall, when so doing, have regard to any relevant provision of a
code.
(6) A
failure on the part of a police officer to comply with any provision of a code
or of any person other than a police officer responsible for investigating
offences or charging offenders to have regard to any relevant provision of a
code, shall not of itself render him liable to any criminal or civil
proceedings.
(7) A
code shall be admissible in evidence in all criminal proceedings, and if any
provision of a code appears to the court or tribunal conducting the proceedings
to be relevant to any question arising in the proceedings it shall be taken
into account in determining that question.
(8) In
this Article any reference to criminal proceedings includes –
(a) proceedings
in the Island or elsewhere before a court-martial constituted under the Army
Act 1955, or the Air Force Act 1955 or the Naval Discipline Act 1957 or a
disciplinary court constituted under section 50 of the said Act of 1957 as
those Acts of the United Kingdom are respectively applied to the Island by the Army Act 1955 (Jersey) Order 1996, the Air Force Act 1955 (Jersey) Order 1996 and
the Naval Discipline Act 1957 (Jersey)
Order 1996;
(b) proceedings
before the Courts-Martial Appeal Court; and
(c) proceedings
before a Standing Civilian Court, that is the Court established by section 6 of
and Schedule 3 to the Armed Forces Act 1976 of the United Kingdom.
PART 8
DOCUMENTARY EVIDENCE IN
CRIMINAL PROCEEDINGS
63 Interpretation
of Part 8
In this Part –
“copy”, in relation to a document, means anything onto which information
recorded in the document has been copied, by whatever means and whether
directly or indirectly;
“statement” means any representation of fact or opinion however made.
64 First-hand
hearsay
(1) Subject
to paragraph (4), a statement made by a person in a document shall be
admissible in criminal proceedings as evidence of any fact of which direct oral
evidence by him would be admissible if –
(a) the
requirements of one of the sub-paragraphs of paragraph (2) are satisfied;
or
(b) the
requirements of paragraph (3) are satisfied.
(2) The
requirements mentioned in paragraph (1)(a) are –
(a) that
the person who made the statement is dead or, by reason of his bodily or mental
condition, unfit to attend as a witness;
(b) that
the person who made the statement is outside the Island and it is not
reasonably practicable to secure his attendance; or
(c) that
all reasonable steps have been taken to find the person who made the statement,
but that he cannot be found.
(3) The
requirements mentioned in paragraph (1)(b) are –
(a) that
the statement was made to a police officer or some other person responsible for
investigating offences or to a person authorized by the Attorney General to
take a statement; and
(b) that
the person who made it does not give oral evidence through fear or because he
is kept out of the way.
(4) Paragraph
(1) shall not render admissible a confession made by an accused person that
would not be admissible under Article 74.
65 Business
etc. documents
(1) Subject
to paragraphs (3) and (4) a statement in a document shall be admissible in
criminal proceedings as evidence of any fact of which oral evidence would be
admissible if the following conditions are satisfied –
(a) the
document was created or received by a person in the course of a trade,
business, profession or other occupation, or as the holder of a paid or unpaid
office; and
(b) the
information contained in the document was supplied by a person, whether or not
the maker of the statement, who had, or may reasonably be supposed to have had,
personal knowledge of the matters dealt with.
(2) Paragraph
(1) applies whether the information contained in the document was supplied
directly or indirectly but, if it was supplied indirectly, only if each person
through whom it was supplied received it –
(a) in
the course of a trade, business, profession or other occupation; or
(b) as
the holder of a paid or unpaid office.
(3) Paragraph
(1) shall not render admissible a confession made by an accused person that
would not be admissible under Article 74.
(4) A
statement prepared otherwise than in accordance with Article 4 of the Criminal Justice (International Co-operation)
(Jersey) Law 2001[46] for the purposes of pending
or contemplated criminal proceedings or a criminal investigation, shall not be
admissible by virtue of paragraph (1) unless the requirements of one of
the sub-paragraphs of Article 64(2) of this Law are satisfied, the
requirements of paragraph (3) of that Article are satisfied or the person
who made the statement cannot reasonably be expected, having regard to the time
which has elapsed since he made the statement and to all the circumstances, to
have any recollection of the matters dealt with in the statement.
66 Principles
to be followed
(1) If,
having regard to all the circumstances, a court, in any proceedings, is of the
opinion that in the interests of justice a statement which is admissible by
virtue of Article 64 or 65 nevertheless ought not to be admitted, it may direct
that the statement shall not be admitted.
(2) Without
prejudice to the generality of paragraph (1), the court shall have regard –
(a) to
the nature and source of the document containing the statement and to whether
or not, having regard to its nature and source and to any other circumstances
that appear to the court to be relevant, it is likely that the document is
authentic;
(b) to
the extent to which the statement appears to supply evidence which would
otherwise not be readily available;
(c) to
the relevance of the evidence that it appears to supply to any issue which is
likely to have to be determined in the proceedings; and
(d) to
any risk, having regard in particular to whether it is likely to be possible to
controvert the statement if the person making it does not attend to give oral
evidence in the proceedings, that its admission or exclusion will result in
unfairness to the accused.
67 Statements
in documents that appear to have been prepared for purposes of criminal
proceedings or investigations
(1) Where
a statement which is admissible in criminal proceedings by virtue of Article 64
or 65 appears to the court to have been prepared otherwise than in accordance
with Article 4 of the Criminal Justice
(International Co-operation) (Jersey) Law 2001,[47] for the purposes of pending
or contemplated criminal proceedings or of a criminal investigation, the
statement shall not be given in evidence in any criminal proceedings without
the leave of the court, and the court shall not give leave unless it is of the
opinion that the statement ought to be admitted in the interests of justice.
(2) In
considering whether its admission would be in the interests of justice, the
court shall have regard to –
(a) the
contents of the statement;
(b) any
risk, having regard in particular to whether it is likely to be possible to
controvert the statement if the person making it does not attend to give oral
evidence in the proceedings, that its admission or exclusion will result in
unfairness to the accused; and
(c) any
other circumstances that appear to the court to be relevant.
68 Proof
of statements contained in documents
Where a statement contained in a document is admissible as evidence
in criminal proceedings, it may be proved by the production of that document
or, whether or not that document is still in existence, by the production of a
copy of that document, or of the material part of it, authenticated in any
manner that the court may approve, and it is immaterial for the purposes of
this Article how many removes there are between a copy and the original.
69 Documentary
evidence - supplementary
(1) Nothing
in this Part shall prejudice the admissibility of a statement not made by a
person while giving oral evidence in court which is admissible otherwise than
by virtue of this Part.
(2) Schedule 4
shall have effect for the purpose of supplementing this Article and Articles 64
to 68.
70 Microfilm
copies
In any criminal proceedings the contents of a document may, whether
or not the document is still in existence, be proved by the production of an
enlargement of a microfilm copy of that document or of the material part of it,
authenticated in any manner that the court may approve.
PART 9
EVIDENCE IN CRIMINAL
PROCEEDINGS - GENERAL
Convictions and acquittals
71 Proof
of convictions and acquittals
(1) Where
in any proceedings the fact that a person has in the Island been convicted or
acquitted of an offence is admissible in evidence, it may be proved by
producing a certificate of conviction or acquittal relating to that offence,
and proving that the person named in the certificate as having been convicted
or acquitted of the offence is the person whose conviction or acquittal of the
offence is to be proved.
(2) For
the purposes of this Article a certificate of conviction or of acquittal shall
consist of a certificate, signed by the Judicial Greffier, giving the substance
and effect, omitting the formal parts, of the indictment or charge and of the
conviction or acquittal, and a document purporting to be a duly signed
certificate of conviction or acquittal under this Article shall be taken to be
that certificate unless the contrary is proved.
(3) The
method of proving a conviction or acquittal authorized by this Article shall be
in addition to and not to the exclusion of any other authorized manner of
proving a conviction or acquittal.
72 Conviction
as evidence of commission of offence
(1) In
any proceedings the fact that a person other than the accused has been
convicted of an offence by or before a court in the Island shall be admissible
in evidence for the purpose of proving, where to do so is relevant to any issue
in those proceedings, that that person committed that offence, whether or not
any other evidence of his having committed that offence is given.
(2) In
any proceedings in which by virtue of this Article a person other than the
accused is proved to have been convicted of an offence by or before a court in
the Island, he shall be taken to have committed that offence unless the
contrary is proved.
(3) In
any proceedings where evidence is admissible of the fact that the accused has
committed an offence, in so far as that evidence is relevant to any matter in
issue in the proceedings for a reason other than a tendency to show in the
accused a disposition to commit the kind of offence with which he is charged,
if the accused is proved to have been convicted of the offence by or before a
court in the Island, he shall be taken to have committed that offence unless
the contrary is proved.
(4) Nothing
in this Article shall prejudice –
(a) the
admissibility in evidence of any conviction which would be admissible apart
from this Article; or
(b) the
operation of any enactment whereby a conviction or a finding of fact in any
proceedings is for the purposes of any other proceedings made conclusive
evidence of any fact.
73 Provisions
supplementary to Article 72
(1) Where
evidence that a person has been convicted of an offence is admissible by virtue
of Article 72 then, without prejudice to the reception of any other admissible
evidence for the purpose of identifying the facts on which the conviction was
based, the contents of any document which is admissible as evidence of the
conviction and the contents of the indictment or charge-sheet on which the
person in question was convicted shall be admissible in evidence for that
purpose.
(2) Where
in any proceedings the contents of any document are admissible in evidence by
virtue of paragraph (1), a copy of that document, or of the material part
of it, purporting to be certified or otherwise authenticated by or on behalf of
the court or authority having custody of that document shall be admissible in
evidence and shall be taken to be a true copy of that document or part unless
the contrary is shown.
(3) Nothing
in Article 72 shall be construed as rendering admissible in any proceedings
evidence of any conviction other than a subsisting one.
Confessions
74 Confessions
(1) In
any proceedings a confession made by an accused person may be given in evidence
against him in so far as it is relevant to any matter in issue in the proceedings
and is not excluded by the court in pursuance of this Article.
(2) If,
in any proceedings where the prosecution proposes to give in evidence a
confession made by an accused person, it is represented to the court that the
confession was or may have been obtained –
(a) by
oppression of the person who made it; or
(b) in
consequence of anything said or done which was likely, in the circumstances
existing at the time, to render unreliable any confession which might be made
by him in consequence thereof,
the court shall not allow the confession to be given in evidence
against him except in so far as the prosecution proves to the court beyond
reasonable doubt that the confession, notwithstanding that it may be true, was
not obtained as aforesaid.
(3) In
any proceedings where the prosecution proposes to give in evidence a confession
made by an accused person, the court may of its own motion require the
prosecution, as a condition of allowing it to do so, to prove that the
confession was not obtained as mentioned in paragraph (2).
(4) The
fact that a confession is wholly or partly excluded in pursuance of this
Article shall not affect the admissibility in evidence –
(a) of
any facts discovered as a result of the confession; or
(b) where
the confession is relevant as showing that the accused speaks, writes or
expresses himself in a particular way, of so much of the confession as is
necessary to show that he does so.
(5) Evidence
that a fact to which this paragraph applies was discovered as a result of a
statement made by an accused person shall not be admissible unless evidence of
how it was discovered is given by him or on his behalf.
(6) Paragraph
(5) applies –
(a) to
any fact discovered as a result of a confession which is wholly excluded in
pursuance of this Article; and
(b) to
any fact discovered as a result of a confession which is partly so excluded, if
the fact is discovered as a result of the excluded part of the confession.
(7) Nothing
in Part 8 shall prejudice the admissibility of a confession made by an
accused person.
(8) In
this Article “oppression” includes torture, inhuman or degrading
treatment, and the use or threat of violence, whether or not amounting to
torture.
75 Confessions
by mentally impaired persons
(1) Without
prejudice to the general duty of the Bailiff at a trial on indictment to direct
the jury or, as the case may be, the Jurats, on any matter on which it appears
to him appropriate to do so, where at that trial the case against the accused
depends wholly or substantially on a confession by him and the court is
satisfied that he is mentally impaired and that the confession was not made in
the presence of an independent person, the Bailiff shall –
(a) warn
the jury or, as the case may be, the Jurats, that there is special need for
caution before convicting the accused in reliance on the confession; and
(b) explain
that the need arises because of the circumstances mentioned in this paragraph.
(2) In
any case where at the trial of a person before the Magistrate’s Court for
an offence it appears to the court that a warning under paragraph (1) would be
required if the trial were on indictment, the court shall treat the case as one
in which there is a special need for caution before convicting the accused on
his confession.
(3) In
this Article –
“independent person” does not include a police officer or a person employed for, or
engaged on, police purposes;
“mentally impaired”, in relation to a person, means that he is in a state of arrested
or incomplete development of mind which includes significant impairment of
intelligence and social functioning; and
“police purposes” includes the purposes of –
(a) police
cadets undergoing training with a view to becoming members of the Force; and
(b) civilians
employed for the purposes of the Force or of those cadets.
Miscellaneous
76 Exclusion
of unfair evidence
(1) Subject
to paragraph (2), in any proceedings a court may refuse to allow evidence on
which the prosecution proposes to rely to be given if it appears to the court
that, having regard to all the circumstances, including the circumstances in
which the evidence was obtained, the admission of the evidence would so
adversely effect the fairness of the proceedings that the court ought not to
admit it.
(2) Nothing
in this Article shall –
(a) prejudice
any rule of law requiring a court to exclude evidence; or
(b) apply
to extradition proceedings or proceedings pursuant to Article 19 of the Loi (1864) réglant la procédure
criminelle.[48]
(3) Nothing
in this Law shall prejudice any power of any court to exclude evidence, whether
by preventing questions from being put or otherwise, at its discretion.
77 Time
for taking accused’s evidence
If at the trial of any person for an offence the defence intends to
call 2 or more witnesses to the facts of the case and those witnesses include
the accused, the accused shall be called before the other witness or witnesses
unless the court in its discretion otherwise directs.
Witnesses
78 How
far witnesses may be discredited by the party producing
In any criminal proceedings, a party producing a witness shall not
be allowed to impeach his credit by general evidence of bad character, but he
may, in case the witness shall in the opinion of the court prove adverse –
(a) contradict
him by other evidence; or
(b) by
leave of the court, prove that he has made at other times a statement
inconsistent with his present testimony,
but, before the last-mentioned proof can be given, the circumstances
of the supposed statement sufficient to designate the particular occasion shall
be mentioned to the witness, and he shall be asked whether or not he has made
that statement.
79 As
to proof of contradictory statements of adverse witness
In any criminal proceedings, if a witness, upon cross-examination as
to a former statement made by him relative to the subject matter of the
indictment or proceedings, and inconsistent with his present testimony, does
not distinctly admit that he has made that statement, proof may be given that
he did in fact make it, but before that proof can be given the circumstances of
the supposed statement, sufficient to designate the particular occasion, shall
be mentioned to the witness, and he shall be asked whether or not he has made
that statement.
80 Cross-examination
as to previous statements in writing
(1) In
any criminal proceedings, a witness may be cross-examined as to previous
statements made by him in writing, or reduced into writing, relative to the
subject matter of the proceeding, without that writing being shown to him, but
if it is intended to contradict that witness by the writing, his attention
shall, before that contradictory proof can be given, be called to those parts
of the writing which are to be used for the purpose of so contradicting him.
(2) Any
court may, at any time during the trial, require the production of any writing
referred to in paragraph (1) for inspection, and that court may thereupon
make any use of it for the purposes of the trial that that court sees fit.
81 Proof
of conviction of a witness for an offence may be given
In any criminal proceedings, a witness may be questioned as to
whether he has been convicted of any offence, and upon being so questioned, if
he either denies or does not admit the fact, or refuses to answer, it shall be
lawful for the cross-examining party to prove that conviction.
82 Evidence
by certificate
(1) In
any criminal proceedings, a certificate purporting to be signed by a police
officer, or by a person having the prescribed qualifications, and certifying
that a plan or drawing exhibited thereto is a plan or drawing made by him of
the place or object specified in the certificate, and that the plan or drawing
is correctly drawn to a scale so specified, shall be evidence of the relative
position of the things shown on the plan or drawing.
(2) Nothing
in this Article shall be deemed to make a certificate admissible as evidence in
proceedings for an offence except in a case where and to the extent to which
oral evidence to the like effect would have been admissible in those
proceedings.
(3) Nothing
in this Article shall be deemed to make a certificate admissible as evidence in
proceedings for any offence –
(a) unless
a copy thereof has, not less than 7 days before the hearing or trial, been
served in the prescribed manner on the person charged with the offence; or
(b) if that
person, not later than 3 days before the hearing or trial or within any further
time the court may in special circumstances allow, serves notice in the
prescribed form and manner on the other party requiring the attendance at the
trial of the person who signed the certificate.
PART 10
PREPARATORY HEARINGS AND
RULINGS
Preparatory hearings
83 Application
and interpretation of Part 10
(1) This
Part applies in relation to an offence if on or after the commencement of this
Article the accused is committed for trial or proceedings are instituted before
the Royal Court for the offence concerned.
(2) References
in this Part to the prosecutor are to the Attorney General or any advocate
acting on his behalf.
84 Power
to order preparatory hearing
(1) Where
it appears to the Bailiff –
(a) that
a case is one in which, by virtue of Article 2 or 3 of the Criminal Justice (Evidence and Procedure)
(Jersey) Law 1997,[49] a person may give evidence
through a live television link or a video recording of an interview may be given
in evidence; or
(b) that
a case is so complex or is a case the trial of which is likely to be so long
that substantial benefits are likely to accrue from a hearing before the trial
and for any of the purposes mentioned in paragraph (2),
he may order that a hearing (in this Part referred to as a
“preparatory hearing”) shall be held.
(2) The
purposes are those of –
(a) identifying
issues which are likely to be material to the verdict of the Royal Court or
jury;
(b) assisting
comprehension of those issues;
(c) expediting
the proceedings before the Royal Court or jury;
(d) assisting
the management of the trial.
(3) The
Bailiff may make an order under paragraph (1) on the application of the
prosecutor, on the application of an accused or of his own motion.
85 Start
of trial and arraignment
If the Bailiff orders a preparatory hearing the trial shall start
with that hearing and arraignment shall take place at the start of that
hearing, unless it has taken place before then.
86 The
preparatory hearing
(1) At
the preparatory hearing the Bailiff may exercise any of the powers specified in
this Article.
(2) He
may adjourn a preparatory hearing from time to time.
(3) He
may make a ruling as to any question as to the admissibility of evidence and
any other question of law relating to the case.
(4) He
may order the prosecutor –
(a) to
give the Royal Court and each accused a written statement (a “case
statement”) of the matters falling within paragraph (5);
(b) to
prepare the prosecution evidence and any explanatory material in a form that
appears to the Bailiff to be likely to aid comprehension by the Royal Court or
jury and to give it in that form to that court and to each accused;
(c) to
give the Royal Court and each accused written notice of documents the truth of
the contents of which ought in the prosecutor’s view to be admitted and
of any other matters which in his view ought to be agreed;
(d) to
make any amendments of any case statement given in pursuance of an order under
sub-paragraph (a) that appear to the Bailiff to be appropriate, having regard
to objections made by any accused.
(5) The
matters referred to in paragraph (4)(a) are –
(a) the
principal facts of the case for the prosecution;
(b) the
witnesses who will speak to those facts;
(c) any
exhibits relevant to those facts;
(d) any
proposition of law on which the prosecutor proposes to rely;
(e) the
consequences in relation to any of the charges or counts in the indictment that
appear to the prosecutor to flow from the matters falling within sub-paragraphs
(a) to (d).
(6) Where
the Bailiff has ordered the prosecutor to give a case statement and the
prosecutor has complied with the order, the Bailiff may order each accused –
(a) to
give the Royal Court and the prosecutor a written statement setting out in
general terms the nature of his defence and indicating the principal matters on
which he takes issue with the prosecution;
(b) to
give the Royal Court and the prosecutor written notice of any objections that
he has to the case statement;
(c) to
give the Royal Court and the prosecutor written notice of any point of law,
including any point as to the admissibility of evidence, which he wishes to
take, and any authority on which he intends to rely for that purpose.
(7) Where
the Bailiff has ordered the prosecutor to give notice under
paragraph (4)(c) and the prosecutor has complied with the order, the
Bailiff may order each accused to give the Royal Court and the prosecutor a
written notice stating –
(a) the
extent to which he agrees with the prosecutor as to documents and other matters
to which the notice under paragraph (4)(c) relates; and
(b) the
reason for any disagreement.
(8) The
Bailiff, on making an order under paragraph (6) or (7), shall warn each
accused of the possible consequences under Article 89 of not complying with it.
(9) If
it appears to the Bailiff that reasons given in pursuance of paragraph (7)
are inadequate, he shall so inform the person giving them and may require him
to give further or better reasons.
(10) An order
under this Article may specify the time within which any requirement contained
in it is to be complied with.
(11) An order
or ruling made under this Article shall have effect throughout the trial,
unless it appears to the Bailiff, on application made to him, that the interests
of justice require him to vary or discharge it.
87 Orders
before preparatory hearing
(1) This
Article applies where the Bailiff orders a preparatory hearing and he decides
that any order which could be made under Article 86(4) to (7) at the
hearing should be made before the hearing.
(2) In
that case he may make that order before the hearing or at the hearing and
Article 86(4) to (11) shall apply accordingly.
88 Rules
of court
(1) The
power to make rules of court under the Royal
Court (Jersey) Law 1948[50] shall include a power –
(a) to
provide that anything required to be given by an accused in pursuance of a
requirement imposed under Article 86 need not disclose who will give evidence;
(b) to
make provision as to the minimum or maximum time that may be specified under
Article 86(10);
(c) to
prescribe anything that shall or may be prescribed under this Law.
(2) The
power to make rules of court under the Court
of Appeal (Jersey) Law 1961[51] shall include a power to
specify the time within which an appeal under this Law to the Court of Appeal
shall be made and to regulate generally the practice and procedure relating to
any such appeal.
89 Later
stages of trial
(1) Any
party may depart from the case he disclosed in pursuance of a requirement
imposed under Article 86.
(2) Where
a party departs from the case he disclosed in pursuance of a requirement
imposed under Article 86 or a party fails to comply with that requirement, the
Bailiff or, with the leave of the Bailiff, any other party may make any comment
that appears to the Bailiff or the other party to be appropriate and the Royal
Court or jury may draw any inference that appears proper.
(3) In
deciding whether to give leave the Bailiff shall have regard to the extent of
the departure or failure and to whether there is any justification for it.
(4) Except
as provided by this Article no part of a statement given under Article 86(6)(a)
or of any other information relating to the case for an accused which was given
in pursuance of a requirement imposed under Article 86, may be disclosed at a
later stage in the trial without the consent of the accused concerned.
90 Appeals
to Court of Appeal
(1) An
appeal shall lie to the Court of Appeal from any ruling of the Bailiff under
Article 86(3), but only with the leave of the Bailiff or of the Court of
Appeal.
(2) The
Bailiff may continue a preparatory hearing notwithstanding that leave to appeal
has been granted under paragraph (1), but the trial shall not otherwise
proceed further until after the appeal has been determined or abandoned.
(3) On
the hearing of the appeal the Court of Appeal may confirm, reverse or vary the
decision appealed against.
91 Restrictions
on reporting preparatory hearings
(1) Except
as provided by this Article no written report of proceedings falling within
paragraph (2) shall be published in the Island and no report of those
proceedings shall be included in a relevant programme for reception in the
Island.
(2) The
following proceedings fall within this paragraph –
(a) a
preparatory hearing;
(b) an
application for leave to appeal in relation to that hearing; and
(c) an
appeal in relation to that hearing.
(3) The
Bailiff in dealing with a preparatory hearing may order that paragraph (1)
shall not apply, or shall not apply to a specified extent, to a report of the
preparatory hearing or an application to the Bailiff for leave to appeal to the
Court of Appeal under Article 90(1) in relation to the preparatory hearing.
(4) The
Court of Appeal may order that paragraph (1) shall not apply, or shall not
apply to a specified extent, to a report of an appeal to the Court of Appeal
under Article 90(1) in relation to a preparatory hearing or an application
to that Court for leave to appeal to it under Article 90(1) in relation to a
preparatory hearing.
(5) Where
there is only one accused and he objects to the making of an order under
paragraph (3) or (4) the Bailiff or the Court of Appeal shall make the order if
satisfied after hearing the representations of the accused that it is in the
interests of justice to do so and if the order is made it shall not apply to
the extent that a report deals with that objection or those representations.
(6) Where
there are 2 or more accused and one or more of them objects to the making of an
order under paragraph (3) or (4) the Bailiff or the Court of Appeal shall make
the order if satisfied after hearing the representations of each of the accused
that it is in the interests of justice to do so and if the order is made it
shall not apply to the extent that a report deals with that objection or those
representations.
(7) Paragraph
(1) shall not apply to the following at the conclusion of the trial of the last
of the accused to be tried –
(a) the
publication of a report of a preparatory hearing;
(b) the
publication of a report of an appeal in relation to a preparatory hearing or of
an application for leave to appeal in relation to that hearing;
(c) the
inclusion in a relevant programme of a report of a preparatory hearing; or
(d) the
inclusion in a relevant programme of a report of an appeal in relation to a
preparatory hearing or of an application for leave to appeal in relation to
that hearing.
(8) Paragraph (1)
shall not apply to a report which contains only one or more of the following
matters –
(a) the
identity of the court and the name of the person presiding;
(b) the
name, home address, occupation and age of the accused and any witness;
(c) the
offence or offences, or a summary of them, with which an accused is charged;
(d) the
name of any advocate in the proceedings;
(e) where
the proceedings are adjourned, the date and place to which they are adjourned;
(f) any
arrangements as to bail;
(g) whether
legal aid was granted to an accused.
(9) The
addresses that may be published or included in a relevant programme under
paragraph (8) are addresses at any relevant time and at the time of their
publication or inclusion in a relevant programme.
(10) Nothing
in this Article affects any prohibition or restriction imposed by virtue of any
other enactment on a publication or on matter included in a programme.
(11) In this
Article and in Article 92 –
“publish”, in relation to a report, means publish the report, either by
itself or as part of a newspaper or periodical, for distribution to the public;
“relevant programme” means a programme included in a programme service, within the
meaning of the Broadcasting Act 1990 of the United Kingdom, as extended to the
Island by the Broadcasting Act 1990
(Jersey) Order 1991[52] and the Broadcasting Act 1990 (Jersey) (No. 2) Order
1991;[53]
“relevant time” means a time when events giving rise to
the changes to which the proceedings relate occurred.
92 Offences
in connection with reporting preparatory hearings
(1) If
a report is published or included in a relevant programme in contravention of
Article 91 each of the following persons shall be guilty of an offence –
(a) in
the case of a publication of a written report as part of a newspaper or
periodical any proprietor, editor or publisher of the newspaper or periodical;
(b) in
the case of a publication of a written report otherwise than as part of a
newspaper or periodical, the person who publishes it;
(c) in
the case of the inclusion of a report in a relevant programme, any body
corporate which is engaged in providing the service in which the programme is
included and any person having functions in relation to the programme
corresponding to those of an editor of a newspaper.
(2) A
person guilty of an offence under this Article shall be liable to a fine.
(3) Proceedings
for an offence under this Article shall not be commenced without the consent of
the Attorney General.
Rulings
93 Meaning
of pre-trial hearing
(1) For
the purposes of this Part a hearing is a pre-trial hearing if it relates to a
trial for an offence in the Royal Court and it takes place after the accused has
been committed for trial for the offence concerned or after the proceedings for
the offence have been instituted in the Royal Court and before the start of the
trial.
(2) For
the purposes of this Article the start of a trial occurs when a jury is sworn
to consider the issue of guilt or fitness to plead or when the Royal Court,
sitting with Jurats, sits to examine those issues, or, if the Royal Court
accepts a plea of guilty before it begins to determine those issues, when that
plea is accepted, but this is subject to Article 85.
94 Power
to make rulings
(1) The
Bailiff may make, at a pre-trial hearing, a ruling as to any question as to the
admissibility of evidence and any other question of law relating to the case
concerned.
(2) A
ruling may be made under this Article on an application by a party to the case
or of the Bailiff’s own motion.
(3) Subject
to paragraph (4), a ruling made under this Article has binding effect from the
time it is made until the case against each accused is disposed of, and the
case against an accused is disposed of if he is acquitted or convicted or the
prosecutor decides not to proceed with the case against him.
(4) The
Bailiff may discharge, vary or further vary a ruling made under this Article if
it appears to him that it is in the interests of justice to do so, and he may
act under this paragraph on an application by a party to the case or of his own
motion.
(5) No
application may be made under paragraph (4) unless there has been a
material change of circumstances since the ruling was made or, if a previous
application has been made, since the last application was made.
(6) For
the purposes of this Article the prosecutor is the Attorney General or any
advocate acting on his behalf.
95 Restrictions
on reporting rulings
(1) Except
as provided by this Article no written report of matters falling within
paragraph (2) shall be published in the Island and no report of matters
falling within paragraph (2) shall be included in a relevant programme for
reception in the Island.
(2) The
following matters fall within this paragraph –
(a) a
ruling made under Article 94;
(b) proceedings
on an application for a ruling to be made under Article 94;
(c) an
order that a ruling made under Article 94 be discharged or varied;
(d) proceedings
on an application for a ruling made under Article 94 to be discharged or
varied.
(3) The
Bailiff, in dealing with any matter falling within paragraph (2), may
order that paragraph (1) shall not apply, or shall not apply to a
specified extent, to a report of the matter.
(4) Where
there is only one accused and he objects to the making of an order under
paragraph (3) the Bailiff shall make the order if he is satisfied after hearing
the representations of the accused that it is in the interests of justice to do
so, and if the order is made it shall not apply to the extent that a report
deals with that objection or those representations.
(5) Where
there are 2 or more accused and one or more of them objects to the making of an
order under paragraph (3) the Bailiff shall make the order if he is satisfied
after hearing the representations of each of the accused that it is in the
interests of justice to do so, and if the order is made it shall not apply to
the extent that a report deals with that objection or those representations.
(6) Paragraph
(1) shall not apply to the publication of a report of matters, or the inclusion
in a relevant programme of a report of matters, at the conclusion of the trial
of the last accused to be tried.
(7) Nothing
in this Article affects any prohibition or restriction imposed by virtue of any
other enactment on a publication or on matter included in a programme.
(8) In
this Article and in Article 96, “publish” and “relevant
programme” have the same meaning as in Article 91.
96 Offences
in connection with reporting rulings
(1) If
a report is published or included in a relevant programme in contravention of
Article 95 each of the following persons shall be guilty of an offence –
(a) in
the case of a publication of a written report as part of a newspaper or
periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b) in
the case of a publication of a written report otherwise than as part of a
newspaper or periodical, the person who publishes it;
(c) in
the case of the inclusion of a report in a relevant programme, any body
corporate which is engaged in providing the service in which the programme is
included and any person having functions in relation to the programme
corresponding to those of an editor of a newspaper.
(2) A person
guilty of an offence under this Article shall be liable to a fine.
(3) Proceedings
for an offence under this Article shall not be commenced without the consent of
the Attorney General.
97 Application
of Articles 93 to 96
Articles 93 to 96 apply in relation to pre-trial hearings beginning
on or after the commencement of this Article.
98 Evidence
through television links
(1) A
witness other than the accused may, with the leave of the court, give evidence
through a live television link in any proceedings for an offence or any appeal
arising from such proceedings if the witness is outside the Island.
(2) A
statement made on oath by a witness outside the Island and given in evidence
through a link by virtue of this Article shall be treated for the purposes of
the law relating to perjury as having been made in the proceedings in which it
is given in evidence.
(3) Where,
in the case of any proceedings before the Youth Court leave is given for
evidence to be given through a television link and suitable facilities for
receiving that evidence are not available at the court, the court may sit for
the purposes of the whole or any part of those proceedings at any place at
which those facilities are available and which has been appointed for the
purposes of this paragraph by the Magistrate.
(4) Rules
of Court may make any provision that appears to be necessary or expedient for
the purposes of this Article.
PART 11
CONTROL OF INTRUSIVE
SURVEILLANCE
99 Interpretation
of Part 11
In this Part –
“authorization” means an authorization under Article 101;
“interference” in relation to wireless telegraphy, means the prejudicing by any
emission or reflection of electro-magnetic energy of the fulfilment of the
purposes of the telegraphy, either generally or in part, and, without prejudice
to the generality of the preceding words, as respects all, or as respects any,
of the recipients or intended recipients of any message, sound or visual image
intended to be conveyed by the telegraphy, and the expression
“interfere” shall be construed accordingly;
“wireless telegraphy” means the emitting or receiving, over paths which are not provided
by any material substance constructed or arranged for that purpose, of
electro-magnetic energy of a frequency not exceeding 3 million megacycles
a second, being energy which either –
(a) serves
for the conveying of messages, sound or visual images, whether the messages,
sound or images are actually received by any person or not, or for the
actuation or control of machinery or apparatus; or
(b) is
used in connection with the determination of position, bearing, or distance, or
for the gaining of information as to the presence, absence, position or motion
of any object or of any objects of any class.
100 Authorizations
No entry on or interference with property or with wireless
telegraphy shall be unlawful if it is authorized by an authorization having
effect under this Part.
101 Authorizations
to interfere with property etc.
(1) Where
paragraph (2) applies, the Attorney General may authorize –
(a) the
taking of any action, in respect of any property, as he may specify; or
(b) the
taking of any action as he may specify, in respect of wireless telegraphy.
(2) This
paragraph applies where the Attorney General believes –
(a) that
it is necessary for the action specified to be taken for the purpose of
preventing or detecting serious crime or in the interests of the security of
the Island; and
(b) that
the taking of the action is proportionate to what the action seeks to achieve.
(3) The
matters to be taken into account in considering whether the requirements of
paragraph (2) are satisfied in the case of any authorization shall include
whether what it is thought necessary to achieve by the authorized action could
reasonably be achieved by other means.
(4) In
this Article “serious crime” means conduct which constitutes one or
more offences –
(a) which
involves the use of violence, results in substantial financial gain or is
conducted by a large number of persons in pursuit of a common purpose; or
(b) for
which a person who has attained the age of 21 and has no previous convictions
could reasonably be expected to be sentenced to imprisonment for 3 years or
more.
102 Authorizations:
form and duration etc.
(1) An
authorization shall be in writing, except that in an urgent case an
authorization may be given orally.
(2) An
authorization shall, unless renewed under paragraph (3), cease to have
effect –
(a) if
given orally, at the end of the period of 72 hours beginning with the time when
it took effect;
(b) in
any other case, at the end of the period of 3 months beginning with the day on
which it took effect.
(3) If
at any time before an authorization would cease to have effect the Attorney
General considers it necessary for the authorization to continue to have effect
for the purpose for which it was issued, he may, in writing, renew it for a
period of 3 months beginning with the day on which it would cease to have
effect.
(4) The
Attorney General shall cancel an authorization given by him if satisfied that
the action authorized by it is no longer necessary.
103 Notification
of authorizations etc.
The Attorney General shall from time to time and, in any event, at
least every 12 months, notify the Commissioner, in writing, of
authorizations given, renewed or cancelled by him and, where an authorization
was given orally, of the grounds on which the case was believed to be urgent.
104 The
Commissioner
(1) The
Bailiff shall appoint one of the ordinary judges of the Court of Appeal as a
Commissioner to keep under review the carrying out by the Attorney General of
the functions conferred on him by this Part.
(2) The
Commissioner shall hold office in accordance with the terms of his appointment,
and there shall be paid to him out of money provided by the States any
allowances that the Finance and Economics Committee direct.
(3) As
soon as practicable after the end of each year, the Commissioner shall make a
report to the Bailiff with respect to the carrying out of his functions under
this Part.
(4) The
Bailiff shall cause a copy of every annual report under paragraph (3) to
be laid before the States, and every copy shall include a statement as to
whether any matter has been excluded from it in pursuance of
paragraph (5).
(5) If
it appears to the Bailiff, after consultation with the Commissioner, that the
publication of any matter in an annual report under paragraph (4) would be
prejudicial to the security of the British Islands or to the detection of
crime, the Bailiff may exclude that matter from the copy of the report laid
before the States.
PART 12
REPORTING OF COMMITTAL AND
OTHER CRIMINAL PROCEEDINGS
105 Committal
proceedings
(1) Except
as provided by paragraphs (2), (5) and (10), no person shall publish in the
Island a written report, or include in a relevant programme for reception in the
Island, a report of any committal proceedings in the Island containing any
matter other than that permitted by paragraph (6).
(2) Subject
to paragraph (3), the court shall, on application made in any committal
proceedings by the accused, order that paragraph (1) shall not apply to a
report of those proceedings.
(3) Where,
in the case of 2 or more accused, one of them objects to the making of an order
under paragraph (2), the court shall only make the order if it is satisfied,
after hearing the representations of that accused, that it is in the interests
of justice to do so.
(4) An
order under paragraph (2) shall not apply to a report of proceedings under
paragraph (3), but any decision of the court to make or not to make that order
may be contained in a report published or included in a relevant programme
before the time authorized by paragraph (5).
(5) A
person may publish, or include in a relevant programme, a report of committal
proceedings containing any matter other than that permitted by paragraph (6) –
(a) where
the court determines not to commit any of the accused for trial, after it so
determines; or
(b) where
the court commits any of the accused for trial, after the conclusion of the
trial of the last to be tried,
and where at any time during the inquiry the court decides to deal
with the case of any of the accused, while committing the other accused for
trial, a person may, after the court determines to proceed as aforesaid,
publish or include in a relevant programme, as part of a report of the court’s
dealing with the case of an accused, a report of so much of the committal
proceedings as took place before the determination.
(6) There
may be contained in a report of committal proceedings, published or included in
relevant programme, without an order under paragraph (2) before the time
authorized by paragraph (5) –
(a) the
identity of the court and the name of the person presiding;
(b) the
name, home address, occupation and age of the accused and any witness;
(c) the
offence or offences with which the accused is charged, or a summary of them;
(d) the
name of the legal representative of the accused and the name of the person
presenting the case;
(e) any
decision of the court to commit the accused for trial, and any decision of the
court on the disposal of the case of any accused not committed;
(f) where
the court commits an accused for trial, the charge or charges on which he is
committed;
(g) where
the committal proceedings are adjourned, the date to which they are adjourned;
(h) any
arrangements as to bail on committal or adjournment; and
(i) whether
legal aid has been granted to an accused.
(7) If
a report is published, or included in a relevant programme in contravention of
this Article the following shall be guilty of an offence and liable to a fine
not exceeding level 4 on the standard scale[54] –
(a) in
the case of a publication of a written report as part of a newspaper or
periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b) in
the case of a publication of a written report otherwise than as part of a
newspaper or a periodical, the person who publishes it; and
(c) in
the case of the inclusion of a report in a relevant programme, any body
corporate which provides the service in which the programme is included and any
person having functions in relation to the programme corresponding to those of
an editor of a newspaper.
(8) Proceedings
for an offence against this Article shall not be commenced without the consent
of the Attorney General.
(9) Paragraph
(1) shall be in addition to, and not in derogation from, any other enactment or
rule of customary law with respect to the publication of reports of proceedings
of any court.
(10) For the
purposes of this Article, committal proceedings shall, in relation to any
charge for an offence, be deemed to include any proceedings in the court before
the court proceeds to inquire into the offence as to whether to commit for
trial of that offence, but where the court has begun to try an offence and
decides to discontinue the trial and to proceed to inquire whether to commit
for trial of that offence, a report of any proceedings on the charge for the
offence which was published or broadcast before the court determined to proceed
as aforesaid shall not contravene the provisions of this Article.
(11) In this
Article “publish” and “relevant programme” have the
same meaning as in Article 91.
106 Contemporary
reports of criminal proceedings
(1) In
any criminal proceedings, a court may, where it appears to the court to be
necessary for avoiding a substantial risk of prejudice to the administration of
justice in those proceedings, or in any other criminal proceedings pending or
imminent, order that –
(a) publication
in the Island of a written report; or
(b) inclusion
of any report in a relevant programme for reception in the Island,
of the proceedings or of any part of the proceedings, be postponed
for any period that the court thinks necessary for that purpose.
(2) A
court may make an order under paragraph (1) of its own motion or on application
by any of the parties and, where a court makes an order under paragraph (1), it
may give any directions that appear to the court to be necessary for the
purposes of the order.
(3) A
person aggrieved by an order under paragraph (1) may appeal in the case of an order
made by the Magistrate’s Court, to the Inferior Number of the Royal Court
or in the case of an order made by the Youth Court, to the Youth Appeal Court
or in the case of an order made by the Royal Court, to the Court of Appeal, and
the decision of the court hearing that appeal shall be final.
(4) On
the hearing of an appeal under paragraph (3) the court may –
(a) stay
any proceedings in any other court until after the appeal is disposed of;
(b) confirm,
reverse or vary the order complained of; and
(c) make
an order as to costs.
(5) Where
a court has made an order under paragraph (1), if a report is published or
included in a relevant programme in contravention of that order the following
shall be guilty of an offence and liable to a fine not exceeding level 4 on the standard scale[55] –
(a) in
the case of a publication of a written report as part of a newspaper or
periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b) in
the case of publication of a written report otherwise than as a part of a
newspaper or periodical, the person who publishes it;
(c) in
the case of the inclusion of a report in a relevant programme, any body
corporate which provides the service in which the programme is included and any
person having functions in relation to the programme corresponding to those of
an editor of a newspaper.
(6) This
Article shall be in addition to, and not in derogation from, any other
enactment or rule of customary law with respect to the publication of reports
and proceedings of any court.
(7) In
this Article “publish” and “relevant programme” have
the same meaning as in Article 91.
PART 13
MISCELLANEOUS AND
SUPPLEMENTARY
107 Application
of Law to Customs and Excise
(1) The
Committee, after consultation with the Finance and Economics Committee, may by
Order direct –
(a) that
any provision of this Law which relates to investigations of offences conducted
by police officers or to persons detained by the police shall apply, subject to
any modifications that the Order may specify, to investigations conducted by
the Agent of the Impôts and any officer of the Impôts of offences
which relate to assigned matters, as defined in Article 1 of the Customs and Excise (Jersey) Law 1999,[56] or to persons detained by
the said Agent or officers; and
(b) that,
in relation to investigations of offences conducted by the said Agent or
officers –
(i) this Law shall
have effect as if the following Article were inserted after Article 8 –
“8A Exception for Customs and Excise
Material in the possession of
a person who acquired or created it in the course of any trade, business,
profession or other occupation or for the purpose of any paid or unpaid office
and which relates to an assigned matter, as defined in Article 1 of the Customs and Excise (Jersey) Law 1999,[57] is neither excluded material
nor special procedure material for the purposes of any enactment such as is
mentioned in Article 16(2) of this Law.”, and
(ii) Article 51 shall
have effect with the omission of paragraph (1)(b).
(2) Nothing
in any Order under paragraph (1) shall be taken to limit any powers exercisable
under Article 53 of the Customs and Excise
(Jersey) Law 1999.[58]
108 Extended
remand in customs custody of suspected drug offender
Where the Magistrate’s Court has power to remand in custody
any person aged 17 or more brought before it on a charge of an offence against
Article 6(1) of the Misuse of Drugs
(Jersey) Law 1978[59] or a drug trafficking
offence it may, if it considers it appropriate to do so, commit him to
detention by the Agent of the Impôts for a period not exceeding
192 hours.
109 Power
of police officer to use reasonable force
Where any provision of this Law confers a power on a police officer
and does not provide that the power may only be exercised with the consent of
some person, other than a police officer, the officer may use reasonable force,
if necessary, in the exercise of the power.
110 Statutory
indemnity
Without prejudice to Article 62(7), a failure on the part of a
police officer to comply with any time limit imposed by or under this Law shall
not, in the absence of bad faith, render him liable to any civil proceedings.
111 Abrogation
of certain powers of police officers
(1) There
shall cease to have effect –
(a) the
customary right of search reserved to a Connétable or Centenier:
(b) subject
to paragraph (2), the customary power of entry without a warrant; and
(c) that
part of any enactment which authorizes a police officer to search a person in
police detention at a police station and carry out an intimate search of that person.
(2) Paragraph
(1) shall not affect any customary power of entry without a warrant to deal
with or prevent a breach of the peace.
112 Amendments
and repeals
(1) The
enactments mentioned in Schedule 5 shall have effect with the amendments
there specified.
(2) The
enactments mentioned in column 1 of Schedule 6, which include
enactments already obsolete or unnecessary, shall be repealed to the extent
specified in column 2 of that Schedule.
113 Regulations
and Orders
(1) Except
insofar as this Law otherwise provides, any power to make any Regulations or
Orders may be exercised –
(a) either
in relation to all those cases to which the power extends, or in relation to
all those cases subject to specified exceptions, or in relation to any
specified cases or classes of case; and
(b) so
as to make in relation to the cases in respect of which it is exercised –
(i) the full
provision to which the power extends or any less provision whether by way of
exception or otherwise,
(ii) the same
provision for all cases in relation to which the power is exercised or
different provision for different cases or classes of case, or different
provision as respects the same case or class of case for different purposes of
this Law, or
(iii) any of those provisions
either unconditionally or subject to any specified conditions.
(2) Without
prejudice to any specific provision of this Law, any Regulations or Order under
this Law may contain any transitional, consequential, incidental or
supplementary provisions that appear to the States or the Committee making the
Order, to be necessary or expedient for the purposes of the Regulations or
Order.
(3) The
Subordinate Legislation (Jersey) Law 1960[60] shall apply to Orders made
under this Law.
114 Citation
and commencement
(1) This
Law may be cited as the Police Procedures and Criminal Evidence (Jersey) Law
2003.
(2) This
Law shall come into force on such day or days as the States may by Act appoint,
and different days may be appointed for different provisions and for different
purposes.
(3) An
Act under this Article may make any transitional provision that appears to be
necessary or expedient in connection with the provisions brought into operation
by it.
M.N. DE LA HAYE
Greffier of the States.