Jersey Law 24/1974
POLICE FORCE (JERSEY) LAW, 1974,
SANCTIONED BY
ORDER OF HER MAJESTY
IN COUNCIL
dated 6th September,1974.
____________
(Registered on 25th
October, 1974).
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ARRANGEMENT OF
ARTICLES.
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Article
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PART I
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GENERAL
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1.
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Interpretation …………………………………………………...
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2.
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Duty of police officer
…………………………………………..
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3.
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Power of police officer
…………………………………………
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PART II
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THE HONORARY POLICE
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4.
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Composition of Honorary
Police
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5.
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Jurisdiction
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6.
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Prescribed offences
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7.
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Report of occurrences
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PART III
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THE STATES OF JERSEY POLICE FORCE
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8.
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Duties and powers of
Committee
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9.
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The Chief Officer
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10.
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Jurisdiction
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11.
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Restriction on taking other employment
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12.
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The Police Association
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13.
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Oath of office
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PART IV
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MISCELLANEOUS
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14.
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Property in possession of police
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15.
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Impersonation etc. of police officer
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16.
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Orders
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17.
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Repeals
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18.
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Short title and commencement
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Schedule
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POLICE FORCE (JERSEY) LAW, 1974.
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A LAW to
make new provision in relation to the policing of the Island, sanctioned by
Order of Her Majesty in Council of the
6th day of SEPTEMBER, 1974.
____________
(Registered on the 25th day of October, 1974).
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STATES OF JERSEY.
____________
The 11th day of June,
1974.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
PART I
GENERAL
ARTICLE 1
INTERPRETATION
In this Law, unless the context otherwise requires –
“the Chief Officer” means the Chief Officer of the
Force;
“the Committee” means the Defence Committee;
“the Force” means the States of Jersey Police Force;
“police officer” means a member of the Honorary Police
or a member of the Force;
“prescribed” means prescribed by order.
ARTICLE 2
DUTY OF POLICE OFFICER
It shall be the duty of a police officer 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 and to take all such lawful measures as may be necessary for the
purposes of bringing offenders with all due speed to justice.
ARTICLE 3
POWER OF POLICE OFFICER
(1) Where
a police officer with reasonable cause suspects that any person has committed,
is committing or is about to commit, an offence he may arrest that person.
(2) There
shall be expressly reserved to a Connétable and a Centenier the powers
of –
(a) the customary right of
search;
(b) the granting of bail to
any person;
(c) the formal charging of
any person with an offence, without prejudice to the customary powers of the
Attorney General in the prosecution of offences.
(3) Subject
to the provisions of paragraph (2) of this Article, a police officer shall have
all other powers and privileges relating to policing which a Connétable
or Centenier has by virtue of the common law or of any enactment for the time
being in force.
(4) Where
a Connétable or, in his absence, a Centenier declines to charge any
person, a member of the Force may refer the matter to the Attorney General, who
may give such directions to such persons as he thinks appropriate.
PART II
THE HONORARY POLICE
ARTICLE 4
COMPOSITION OF HONORARY POLICE
(1) The
Honorary Police shall comprise, as hitherto, one Connétable for each
Parish in the Island and such number of
Centeniers, Vingteniers and Constable’s Officers for each Parish or
Vingtaine as the States shall specify by law.
(2) Members
of the Honorary Police shall continue to be elected in the manner specified
prior to the coming into force of this Law.
(3) Subject
to paragraph (4) of this Article, the Honorary Police shall be under the
general supervision of the Attorney General.
(4) The
States may make Regulations as to the administration and conditions of service
of members of the Honorary Police and in particular, but without prejudice to
the generality of the foregoing, as to the qualifications for election, the
retirement and the suspension of members of the Honorary Police.
ARTICLE 5
JURISDICTION
(1) A
member of the Honorary Police shall be empowered to act within the territorial
limits of the Parish for which he is elected and, for this purpose, the
headquarters for the time being of the Force shall be deemed to form part of
the said limits:
Provided that he shall be empowered –
(a) to pursue into any
other Parish and there arrest any person who has committed, or whom he 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 is elected.
(2) A
Connétable may request a Connétable of another Parish (who shall
to the best of his ability comply with such request) to place at his disposal
members of the Honorary Police of that Parish for the purpose of meeting any
special demand on the resources of the Honorary Police of his Parish and any
members so placed shall for the time being possess the powers of a member of
the Honorary Police of that Parish.
ARTICLE 6
PRESCRIBED OFFENCES
Where a member of the Honorary Police on investigating any
occurrence has cause to believe that any prescribed offence has been or is
about to be committed he shall immediately request the assistance of the Force.
ARTICLE 7
REPORT OF OCCURRENCES
(1) The
Chief Officer shall inform a Connétable as soon as may be of the details
of any occurrence in his Parish which required action by the Force and of any
investigations which are being conducted by the Force in his Parish.
(2) The
Connétable of each Parish shall inform the Chief Officer as soon as may
be of the details of any occurrence (other than one of a trivial nature) in his
Parish which required action by the Honorary Police.
PART III
THE STATES OF JERSEY
POLICE FORCE
ARTICLE 8
DUTIES AND POWERS OF COMMITTEE
(1) It
shall be the duty of the Committee to secure the maintenance of an adequate and
efficient Force in the Island and for this
purpose the Committee may –
(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 ranks in the Force, the number of persons of each
rank which is to constitute the establishment of the Force and, after
consultation with the Establishment Committee, the appropriate scale of pay for
each rank.
(3) The
Committee may by Order make provision for any matter which it considers
necessary for the proper administration of the Force and generally for the
purpose of carrying this Law into effect and, in particular, but without
prejudice to the generality of the foregoing, may make provision for –
(a) the retirement of
members of the Force and for the payment of pensions and gratuities;
(b) the qualifications for
appointment and promotion of members of the Force;
(c) 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 member of the Force who is found to have committed any such
offence;
(d) the determination by
the appropriate prescribed authority of any complaint by a member of the public
against a member of the Force.
(4) 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 9
THE CHIEF OFFICER
(1) The
Chief Officer shall be appointed by the States on such terms as to salary and
conditions of service as the Committee may from time to time determine.
(2) The
Chief Officer may be suspended from office by the Committee which shall refer
the matter to the States at their next Sitting and may be dismissed from office
by the States.
(3) The
Chief Officer shall be responsible to the Committee for the general
administration and the discipline, training and organisation of the Force.
(4) Any
discussion in the States regarding the appointment, suspension or dismissal of
the Chief Officer shall take place in camera.
(5) 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.
ARTICLE 10
JURISDICTION
A member of the Force shall be empowered to act within the
territorial limits of the Bailiwick.
ARTICLE 11
RESTRICTION ON TAKING OTHER EMPLOYMENT
No member of the Force shall engage in any undertaking, trade,
profession, occupation or employment of any nature without the consent of the
Chief Officer.
ARTICLE 12
THE POLICE ASSOCIATION
(1) There
shall be a States of Jersey Police Association for the purpose of representing
members of the Force 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, a member of the Force shall
not be a member of any trade union, or of any association having for its
effect, or one of its effects, to control or influence the pay, pensions or
conditions of service of the Force.
ARTICLE 13
OATH OF OFFICE
A member of the Force shall, on taking office, take oath in the
form set out in the Schedule to this Law.
PART IV
MISCELLANEOUS
ARTICLE 14
PROPERTY IN POSSESSION OF POLICE
(1) The
States may make Regulations for the disposal of property which has come into
the possession of a police officer in cases where the owner of the property
cannot be ascertained or found.
(2) Without
prejudice to the generality of paragraph (1) of this Article, any such
Regulations may include a power to dispose of such property by sale and for the
proceeds of such sale to be credited to such account as the Regulations may
specify.
(3) For
the avoidance of doubt it is hereby declared that any such Regulations may
apply to any property which came into the possession of a police officer before
the coming into force of this Law.
ARTICLE 15
IMPERSONATION ETC. OF POLICE OFFICER
(1) Any
person who with intent to deceive impersonates a police officer, or makes any
statement or does any act calculated falsely to suggest that he is a police
officer, shall be guilty of an offence and liable to imprisonment for a term
not exceeding six months or to a fine not exceeding £100, or to both.
(2) Any
person who, not being a police officer, wears any article of police uniform in
circumstances where it gives him an appearance so nearly resembling that of a
police officer as to be calculated to deceive shall be guilty of an offence and
liable to a fine not exceeding £100.
(3) Any
person who, not being a police officer, has in his possession any article of
police uniform shall, unless he proves that he obtained possession of that
article lawfully and has possession of it for a lawful purpose, be guilty of an
offence and liable to a fine not exceeding £20.
(4) In
this Article “article of police uniform” means any article of
uniform or any distinctive badge or mark or document of identification usually
issued to a police officer or anything having the appearance of such an
article, badge, mark or document.
ARTICLE 16
ORDERS
(1) The
Committee may make Orders for any matter which by this Law is to be prescribed:
Provided that no Order shall be made under Article 6 of this Law
except after consultation with the Connétables of the Island.
(2) The
Subordinate Legislation (Jersey) Law, 1960, shall apply to any order made under this Law.
ARTICLE 17
REPEALS
The Police Force (Jersey) Law,
1951, and the Police Force (Amendment) (Jersey)
Law, 1960, are hereby repealed.
ARTICLE 18
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Police Force (Jersey)
Law, 1974.
(2) This
Law shall come into force on the first day of January, 1975.
SCHEDULE
(Article 13)
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.
R.S. GRAY,
Deputy Greffier of the States.