Jersey Law 15/1982
POLICE FORCE (AMENDMENT No. 2) (JERSEY) LAW, 1982.
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A LAW to
amend further the Police Force (Jersey) Law, 1974, sanctioned by Order of Her
Majesty in Council of the
27th day of OCTOBER, 1982.
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(Registered on the
19th day of November, 1982).
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STATES OF JERSEY.
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The 28th day of
April, 1981.
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THE
STATES, subject to the sanction of Her Most Excellent Majesty in Council,
have adopted the following Law: -
ARTICLE
1
In Article 1 of the Police Force (Jersey) Law, 1974, as amended (hereinafter referred to as “the
principal Law”) after the definition of “police officer”
there shall be inserted the following definitions –
“ ‘port control officer’ means a member of the
Port Control Unit;
‘Port Control Unit’ means the Port Control Unit
established by Article 13B of this Law;”.
ARTICLE
2
In Article 8 of the principal Law paragraph
(4) shall be deleted.
ARTICLE
3
Article 9 of the principal Law shall be
repealed and replaced by the following Article –
“ARTICLE 9
The Chief Officer and Deputy Chief
Officer
(1) The
Chief Officer shall be appointed by the Committee, subject to the approval of
the States, on such terms as to salary and conditions of service as the
Committee, after consultation with the Establishment Committee, may from time
to time determine, and any discussion in the States on the appointment shall
take place in camera.
(2) The
Deputy Chief Officer shall be appointed by the Committee on such terms as to
salary and conditions of service as the Committee, after consultation with the
Establishment Committee, may from time to time determine.
(3) The
Chief Officer shall be responsible to the Committee for the general
administration and the discipline, training and organisation
of the Force and the Port Control Unit.
(4) In
the event of the absence, incapacity, suspension or vacancy in the office of
the Chief Officer, the functions of his office shall be discharged by the
Deputy Chief Officer.
(5) The
Committee shall by Order make provision for the determination by the
appropriate prescribed disciplinary authority of any question whether an
offence against discipline has been committed by the Chief Officer or Deputy
Chief Officer and for the punishment of any such offence.”.
ARTICLE
4
Articles 11, 12 and 13 of the principal Law shall be
repealed.
ARTICLE
5
After Part III of the principal Law there
shall be inserted the following Part –
“PART IIIA
PORT CONTROL UNIT
ARTICLE 13A
Interpretation
For the purposes of this Part of this Law –
‘aerodrome’ has the meaning assigned to it by the
Aerodromes (Administration) (Jersey) Law, 1952, as amended;
‘Airport Commandant’ has the meaning assigned to it by
Article 1 of the Aerodromes (Administration) (Jersey) Law, 1952, as amended, and
also means a person appointed under paragraph (2) of Article 2 of that Law;
‘harbour’ means any harbour, whether natural or artificial, and includes any
port, dock, pier, jetty or quay;
‘Harbour Master’ has the
meaning assigned to it by Article 1 of the Harbours
(Administration) (Jersey) Law, 1961, as amended, and also means a person
appointed under paragraph (2) of Article 2 of that Law.
ARTICLE 13B
Establishment of Port Control Unit
There is established by this Law a Port Control Unit (in this Part
of this Law referred to as ‘the Unit’) comprised of port control
officers having the duties and powers specified in Articles 13E and 13F of this
Law.
ARTICLE 13C
Duties and powers of Committee
(1) The
Committee may for the purpose of maintaining an adequate and efficient Unit
–
(a) provide
and maintain such buildings, structures and premises and make such alterations
to any buildings, structures or premises already provided, as may be required;
(b) provide
and maintain such vehicles, apparatus, clothing, equipment and other articles
as may be required.
(2) The
Committee shall determine the number of persons which is to constitute the
establishment of the Unit and, after consultation with the Establishment
Committee, the scale of pay for the Unit.
(3) The
Committee may determine a rank structure for the Unit and the number of persons
in each rank and, after consultation with the Establishment Committee, the
scale of pay for each rank.
(4) The
Committee may by Order make provision for any matter which it considers
necessary for the proper administration of the Unit and generally for carrying
this Part of this Law into effect and, in particular, but without prejudice to
the generality of the foregoing, for –
(a) the
qualifications for appointment and promotion of port control officers;
(b) the
determination by the appropriate prescribed disciplinary authority of any
question whether an offence against discipline has been committed and for the
punishment by that authority of any port control officer who is found to have
committed any such offence;
(c) the
determination by the appropriate prescribed authority of any complaint by a
member of the public against a port control officer.
ARTICLE 13D
Jurisdiction
A port control officer shall be empowered to act within the limits
of every aerodrome and harbour in the Bailiwick:
Provided that he shall be empowered to pursue beyond those limits
and there arrest any person who has committed, or whom he has reasonable cause
to suspect of having committed, or having been about to commit, an offence
within those limits, and has absconded.
ARTICLE 13E
Duty of port control officer
(1) It
shall be the duty of a port control officer within the limits of his
jurisdiction and subject to the provisions of paragraph (2) of this Article and
Article 13F of this Law, to the best of his power to cause the peace to be kept
and preserved and prevent all offences, whether common law or statutory,
against the person and property of Her Majesty’s subjects.
(2) A
port control officer shall act in accordance with directions given by or on
behalf of the Chief Officer and shall obey a lawful order of any police officer
of the rank of sergeant or above.
ARTICLE 13F
Powers of port control officer
(1) Subject
to the provisions of Article 13D of this Law –
(a) if
a port control officer with reasonable cause suspects that any person has
committed, is committing, or is about to commit an offence he shall demand that
the person furnishes to him his name and address and shall report the matter to
a member of the Force and the Airport Commandant or the Harbour
Master, as the case may be;
(b) if
a person whom a port control officer with reasonable cause suspects has
committed, is committing, or is about to commit, an offence, refuses, on being
so required by that officer, to give his name and address, or gives a name and
address which the officer believes to be false or tries to abscond, the officer
may arrest that person and shall immediately inform a member of the Force and
the Airport Commandant or the Harbour Master, as the
case may be, of the action he has taken;
(c) a
port control officer may arrest a person whom he, with reasonable cause,
suspects to have committed, or to be committing, or to be about to commit a
serious offence and shall immediately inform a member of the Force and the
Airport Commandant or the Harbour Master, as the case
may be, of the action he has taken.
(2) For
the purposes of paragraph (1) of this Article –
‘serious offence’ means an offence for which the
sentence is fixed by law or for which a person, not previously convicted, may
be sentenced to a term of imprisonment.
ARTICLE 13G
Property in possession of port control
officer
Any property which comes into the possession of a port control
officer in the course of his duties, and the owner of which cannot be
ascertained or found, shall immediately be forwarded to the headquarters for
the time being of the Force, and the provisions of Article 14 of this Law shall
apply to such property.
ARTICLE 13H
Offences
(1) Article
15 of this Law shall apply to a port control officer as it applies to a police
officer, and Article 15A of this Law shall apply to the Port Control Unit as it
applies to the police.
(2) Any
person who fails to comply with the lawful orders or directions of a port
control officer shall be guilty of an offence and liable to a fine not
exceeding £50.”.
ARTICLE
6
After Article 15A of the principal Law there
shall be inserted the following Articles –
“ARTICLE 15B
Oath of office
(1) A
member of the Force shall, on taking office, take oath in the form set out in
Form 1 in the Schedule to this Law.
(2) A
port control officer shall, on being appointed, take oath in the form set out
in Form 2 in the Schedule to this Law.
ARTICLE 15C
Restriction on taking other employment
No member of the Force or port control officer shall engage in any
undertaking, trade, profession, occupation or employment of any nature without
the consent of the Chief Officer.
ARTICLE 15D
Associations
(1) There
shall be a –
(a) States
of Jersey Police Association; and
(b) Port
Control Officers’ Association,
for the purposes of representing members of the Force or port
control officers, as the case may be, in all matters affecting their welfare
and efficiency, other than questions of discipline and promotion affecting
individuals.
(2) Subject
to the provisions of paragraph (1) of this Article, no member of the Force or
port control officer shall be a member of any trade union, or of any
association having for its object, or one of its objects, to control or
influence the pay, pensions or conditions of service of the Force or the Port
Control Unit as the case may be.”.
ARTICLE
7
After Article 16 of the principal Law there
shall be inserted the following Article –
“ARTICLE 16A
Attendance at meetings of the Committee
The Attorney General and the Solicitor General shall be entitled to
attend, in a consultative capacity, any meeting of the Committee at which any
matter arising under this Law is to be considered.”.
ARTICLE
8
For the Schedule to the principal Law there
shall be substituted the following Schedule –
“SCHEDULE
(Article 15B)
FORM 1
Oath of office of member of Force
You swear and promise before God that well and faithfully you will
exercise the office of a member of the States of Jersey Police Force; that you will
be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second,
her heirs and successors, according to law; and that you will uphold and
maintain the laws and usages of this Island.
FORM 2
Oath of office of port control officer
You swear and promise before God that well and faithfully you will
discharge the duties of a port control officer and that you will be faithful
and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs
and successors, according to law.”.
ARTICLE
9
This Law may be cited as the Police Force (Amendment No. 2)
(Jersey) Law, 1982 and shall come into force on such day as the States may by
Act appoint.
R.S. GRAY,
Deputy Greffier of the States