States
of Jersey Police Force (Amendment No. 3) Law 2021
Adopted
by the States 11th May 2021
Sanctioned
by Order of Her Majesty in Council 21st July 2021
Registered by the Royal Court 23rd July 2021
Coming into force 30th July 2021
THE STATES, subject to the sanction of Her Most
Excellent Majesty in Council, have adopted the following Law –
1 Amendment of the States of Jersey Police
Force Law 2012
This Law amends the States
of Jersey Police Force Law 2012.
2 Article 3 (functions of Minister) amended
For Article 3(4)
there is substituted –
“(4) The
Minister must, after consulting the Police Authority and the Chief Officer,
determine the ranks in the States Police Force.”.
3 Article 4 (Jersey Police Authority)
substituted
For Article 4 there
is substituted –
“4 Jersey Police Authority
(1) The
Jersey Police Authority is established.
(2) The
Jersey Police Authority’s main duties are –
(a) to promote and support continuous
improvement in the policing of Jersey; and
(b) to oversee the
performance of policing services by the States Police Force.
(a) the States Police Force
to deliver the key aims and objectives referred to in Article 3(3)(a); and
(b) the Police Authority to
perform its duties.”.
4 Article 7 (power of Minister to
direct the Police Authority) amended
(1) For
Article 7(1) there is substituted –
“(1) The
Minister may request that the Police Authority enquire into and provide a
report to the Minister on any matter relating to the States Police Force.”.
(2) In
Article 7(2) there is deleted “or inspection”.
(3) After
Article 7(2) there is inserted –
“(3) If
a report of an inspection undertaken under Article 28AB identifies that
the Police Authority is not adequately carrying out its duties, the Minister
may direct the Police Authority to take remedial measures.”.
5 Article 8 (Chief Officer and Deputy
Chief Officer) amended
In Article 8(3) for
“where possible” there is substituted “if practicable”.
6 Article 17 (functions and status of
Chief Officer) amended
(1) After
Article 17(1) there is inserted –
“(1A) The
Chief Officer must ensure that the States Police Force is an efficient and
effective police force.
(1B) The
Chief Officer may determine the number of police officers that may be appointed
to each rank.”.
(2) In
Article 17(2) there is deleted “, in so far as circumstances permit,”.
7 Article 19 (Annual
Policing Plan) amended
(1) In Article 19(1)(a), after “financial
year” there is inserted “and for the 3 financial years following the next
financial year”.
(2) After Article 19(1) there is inserted –
“(1A) In
preparing an Annual Policing Plan, the Police Authority must consider –
(a) the
key aims and objectives set by the Minister;
(b) the
efficiency and effectiveness of the States Police Force; and
(c) the
resources available to the States Police Force.”.
8 New Article 25A
(States’ employees working for Police Force) inserted
After Article 25 there is inserted –
“25A States’ employees working for
Police Force
(1) States’
employees who are employed to assist the operation of the police force are, in
the carrying out of their functions, subject to the direction and control of
the Chief Officer.
(2) This
Article does not apply to a States’ employee whose employment duties involve
providing legal advice.
9 New Articles 28AA (Inspection
of States Police Force) and 28AB (Inspection of Police Authority) inserted
After Article 28 there is inserted –
28AA Inspection
of States Police Force
(1) The
Police Authority must arrange for the States of Jersey Police Force to be
inspected.
(2) The
inspections must –
(a) be
performed by an independent body that, in the opinion of the Police Authority,
is suitably qualified; and
(b) be
undertaken at regular intervals determined by the Police Authority, which must
be at least once every 4 years.
28AB Inspection of Police Authority
(1) The
Minister may direct an independent body that, in the opinion of the Minister,
is suitably qualified to –
(a) inspect
the Police Authority; and
(b) provide
a report to the Minister on the findings of the inspection.
(2) The
body that undertakes the inspection must, before finalising a report, –
(a) provide
a copy of the draft report to the Police Authority;
(b) give
the Authority 28 days to respond; and
(c) consider
any response from the Police Authority.
(3) As
soon as practicable after receiving a final report, the Minister must –
(a) provide
a copy of the report to the Police Authority; and
(b) present
the report to the States.”.
10 Amendment to States of Jersey Police Force (Chief Officer and Deputy Chief
Officer) (Jersey) Regulations 2017
(1) In Regulation 6(3) of the States of Jersey Police Force
(Chief Officer and Deputy Chief Officer) (Jersey) Regulations 2017 there is deleted “or Deputy
Chief Officer”.
(2) After
Regulation 6(3) of the States
of Jersey Police Force (Chief Officer and Deputy Chief Officer) (Jersey)
Regulations 2017 there is inserted –
“(3A) Before the Minister appoints a person to the
office of Deputy Chief Officer, the Minister must –
(a) consult the Police
Authority;
(b) if practicable, consult
the Chief Officer; and
(c) present to the States
notice of the Minister’s intention to make the appointment at least 2 weeks
before the appointment is made.”.
11 Amendment to States of Jersey Police
Force (General Provisions) (Jersey) Order 2016
In the States
of Jersey Police Force (General Provisions) (Jersey) Order 2016, –
(a) in Article 5(3) for
“The Minister may, on the recommendation of the Chief Officer,” there is
substituted “The Chief Officer may”;
(b) in Article 5(4) for
“Minister” there is substituted “Chief Officer” in both places;
(c) in Article 6(1) for
“The Minister, on the recommendation of the Chief Officer,” there is
substituted “The Chief Officer”;
(d) in Article 6(6)(b)
for “Minister” there is substituted “Chief Officer”.
12 Citation and commencement
This Law may be cited as
the States of Jersey Police Force (Amendment No. 3) Law 2021 and comes
into force 7 days after it is registered.