Police Force
(Amendment No. 11) (Jersey) Law 2009
A LAW to amend further the Police
Force (Jersey) Law 1974 and for connected purposes
Adopted by the
States 12th September 2008
Sanctioned by
Order of Her Majesty in Council 10th December 2008
Registered by the
Royal Court 2nd
January 2009
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “principal Law” means
the Police Force (Jersey) Law 1974[1].
2 Article
5 substituted
For Article 5 of the principal Law there shall be substituted
the following Articles –
(1) A member of the Honorary Police of a parish
shall be empowered to act within the territorial limits of that parish.
(2) For the purposes of paragraph (1), the
territorial limits of a parish include –
(a) the headquarters for the time being of the
Force;
(b) any police station for the time being used
by the Force;
(c) any designated Customs custody facility;
(d) any building for the time being designated
by the States as a place for use by the Magistrate’s Court;
(e) the General Hospital;
(f) the prison (as defined in the Prison
(Jersey) Law 1957[2]).
(3) A member of the Honorary Police of a parish
shall also be empowered –
(a) to pursue into any other parish and there
arrest any person who has committed, or whom the member of the Honorary Police
has reasonable cause to suspect of having committed, or of having been about to
commit, any offence; and
(b) to continue investigations into any matter
in any other parish, where those investigations started in the parish for which
he or she is such a member.
(4) A member of the Honorary Police of a parish
shall also be empowered to exercise the powers of a member of the Honorary
Police of another parish if the member, whilst in that other
parish –
(a) encounters a person whom the member
reasonably believes is in the act of committing an offence against another
person or against another person’s property or to have just committed
such an offence; or
(b) is at the scene of an incident and
reasonably believes that the immediate exercise of those powers is necessary in
the interests of public order or safety.
(5) A member of the Honorary Police who decides
to exercise the powers conferred by paragraph (4) shall inform the
Connétable or a Centenier of the parish in which the powers are to be
exercised –
(a) before acting upon that decision or,
(b) where it is not practicable to do so before
so acting, as soon as possible afterwards.
5A Requests
for assistance
(1) The Connétable or a Centenier of a
parish (the ‘requesting parish’) may request the Connétable
or a Centenier of another parish (the ‘assisting parish’) to place
at the disposal of the requesting parish members of the Honorary Police of the
assisting parish, for the purpose of meeting any policing need in the
requesting parish.
(2) A Centenier of a requesting parish shall, no
later than 24 hours after he or she has made a request under
paragraph (1), inform the Connétable and (unless the Centenier is
the Chef de Police) the Chef de Police of the requesting parish.
(3) A Centenier of an assisting parish who
accedes to a request under paragraph (1) shall, no later than
24 hours after doing so, inform the Connétable and (unless the
Centenier is the Chef de Police) the Chef de Police of the assisting parish.
(4) A member of the Honorary Police of an
assisting parish shall, from the time when he or she is placed at the disposal
of a requesting parish to the time when he or she is ordered to stand down,
have all the powers and duties of a member of the Honorary Police of the
requesting parish.
(5) The Connétable or a Centenier of an
assisting parish may, at any time when a member of the Honorary Police of that
parish is placed at the disposal of a requesting parish, request the
Connétable or the Chef de Police of the requesting parish to order the
member to stand down.
(6) A Connétable or Chef de Police shall
comply with a request made under paragraph (5) as soon as is practicable.
(7) The Connétable or Chef de Police of a
requesting parish may order a member of the Honorary Police who has been placed
at the disposal of the requesting parish to stand down before the policing need
is fully met.
(8) A Connétable or Chef de Police who
orders a member of the Honorary Police to stand down under paragraph (7)
shall, no later than 24 hours after doing so, inform the Connétable
or Chef de Police of the assisting parish of the order.”.
3 Article
22 amended
After paragraph (4) of Article 22 of the principal Law
there shall be added the following paragraph –
(a) any reference to a member of the Honorary
Police of a parish includes a reference to a member of the Honorary Police of
another parish whilst he or she is placed at the disposal of the
first-mentioned parish pursuant to Article 5A; and
(b) any reference to a tort committed by a
member of the Honorary Police of a parish includes, where the member of the
Honorary Police is acting as described in sub-paragraph (a), a reference
to a tort committed by that member whilst so acting.”.
4 Police
(Complaints and Discipline) (Jersey) Law 1999 amended
In the Police (Complaints and Discipline) (Jersey) Law 1999[3] –
(a) in
Article 17, for the words “in which that member serves” there
shall be substituted the words “for which that member is elected”;
(b) in
Article 20(1), for the word “serving” there shall be
substituted the words “elected to serve”.
5 Citation
and commencement
This Law may be cited as the
Police Force (Amendment No. 11) (Jersey) Law 2009 and shall come into
force 7 days after it is registered.
m.n. de la haye
Greffier of the States