A LAW to provide for the administration and supervision of the States of Jersey Police Force, the establishment of a Jersey Police Authority and for connected purposes.

Adopted by the States 15th May 2012

Sanctioned by Order of Her Majesty in Council 17th October 2012

Registered by the Royal Court 26th October 2012

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

Interpretation

1 Interpretation

In this Law, unless the context otherwise requires –

“Annual Policing Plan” shall be construed in accordance with Article 19;

“Appointments Commission” means the Jersey Appointments Commission established under Article 17 of the Employment of States of Jersey Employees (Jersey) Law 2005[1];

“Chief Officer” means the Chief Officer of the States Police Force;

“Deputy Chief Officer” means the Deputy Chief Officer of the States Police Force;

“financial year” has the same meaning as in the Public Finances (Jersey) Law 2005[2];

“functions” includes powers and duties;

“member of the States” has the same meaning as in the States of Jersey Law 2005[3];

“Minister” means the Minister for Home Affairs;

“Police Authority” means the Jersey Police Authority established under Article 4;

“police officer” means a police officer in the States Police Force;

“States Employment Board” means the States Employment Board established under Article 4 of the Employment of States of Jersey Employees (Jersey) Law 2005[4];

“States Police Force” or “Force” means the States of Jersey Police Force continued in being by Article 2;

“terms and conditions of appointment”, in respect of a police officer, means the officer’s –

(a) periods of leave of absence (whether by way of annual leave or otherwise) and leave on medical grounds (including pay and allowances while on such leave);

(b) scale of pay, allowances, gratuities and expenses; and

States of Jersey Police Force

2 States of Jersey Police Force

The States of Jersey Police Force continues as a police force.

Minister’s functions

3 Functions of Minister

(1) The Minister has overall and ultimate responsibility for the functioning of the States Police Force.

(2) The Minister shall be responsible for ensuring that the Police Authority carries out its functions listed in Article 4 effectively.

(3) The Minister, after consulting the Police Authority and the Chief Officer –

(a) must set policies in relation to the key aims and objectives of the States Police Force;

(b) may set management policies of the States Police Force in areas which may impact on the Force’s reputation or image or on the reputation of Jersey and its people.

(4) The Minister must, after consulting the Chief Officer, determine –

(a) the ranks in the States Police Force; and

(b) the number of police officers that may be appointed to each rank.

(5) Articles 18(6), 19(3), 20(3) and 26(5) set out the other duties of the Minister in this Law.

Jersey Police Authority

4 Jersey Police Authority

(1) There is established a body, named the Jersey Police Authority, that has the duty of ensuring that the States Police Force –

(a) is an efficient and effective police force;

(b) delivers the key aims and objectives referred to in Article 3(3)(a) within the resources available; and

(2) The Jersey Police Authority shall be responsible for seeking from the Minister any additional resources needed to enable the States Police Force to deliver the key aims and objectives referred to in Article 3(3)(a).

(3) Articles 18(6), 19(1) and 20(1) set out the other duties of the Jersey Police Authority in this Law.

5 Membership of the Police Authority

(1) The Police Authority shall consist of not less than 5 and not more than 7 members comprising –

(a) a Chairman, not being an elected member of the States, appointed by the Minister;

(b) up to 4 members, not being elected members of the States, appointed by the Minister and the Chairman;

(2) An appointment under paragraph (1)(a) or (b) must not be made unless the Appointments Commission has been consulted in relation to that appointment.

(3) A member of the Police Authority appointed under paragraph (1)(a) or (b) may be appointed for a maximum period of 4 years and upon expiry of appointment is eligible for reappointment.

(4) The term of office of a member of the Police Authority appointed under paragraph (1)(c) shall expire on the day on which the States are reconstituted after the next ordinary election under the States of Jersey Law 2005 following such appointment unless the member ceases to be a member of the Police Authority earlier than that date under this Article.

(5) A member of the Police Authority appointed under paragraph (1)(c) whose term of office has expired is eligible for reappointment.

(6) None of the following may be appointed as a member of the Police Authority –

(a) a police officer;

(b) a person who is a member of the Honorary Police;

(d) the Minister or his or her Assistant Minister;

(e) a Connétable;

(f) a States’ employee;

(g) a person who is bankrupt, whether under the law of Jersey or under the law of a country or territory outside Jersey;

(h) a person who has been a police officer at any time during the previous 5 years; or

(i) a person who has been a member of the Honorary Police at any time during the previous 5 years.

(7) A member of the Police Authority shall hold office in accordance with such terms of his or her appointment as the Minister may determine, including any terms relating to remuneration and payment of out of pocket expenses.

(8) A member of the Police Authority –

(a) appointed under paragraph (1)(a) or (b) may resign from office by giving written notice of resignation to the Minister;

(b) appointed under paragraph (1)(c) may resign from office by giving written notice of resignation to the Greffier of the States and the Minister.

(9) The Minister may remove a member of the Police Authority appointed under paragraph (1)(a) or (b) from office –

(a) if, without the approval of its Chairman or in the case of the Chairman, the approval the Minister, the member has been absent from 3 consecutive meetings of the Police Authority;

(b) if, in the Minister’s opinion, the member has, without good reason, failed to carry out his or her duties as a member;

(d) if, due to physical or mental incapacity, the member is unable to perform his or her duties as a member.

(10) The Minister may remove a member of the Police Authority appointed under paragraph (1)(b) only following the recommendation of the Chairman.

(11) The States may, following a proposition lodged by the Minister, remove a member of the Police Authority appointed under paragraph (1)(c) on any ground described in paragraph (9).

(12) A person ceases to hold office as a member of the Police Authority if the member becomes a person referred to in paragraph (6).

6 Meetings of the Police Authority

(1) The Chairman of the Police Authority must fix the time and place for meetings of the Police Authority.

(2) At a meeting of the Police Authority –

(a) a majority of the members appointed to the Police Authority at that time is a quorum;

(b) the Chairman presides but if the Chairman is absent the members present must elect one of their number to preside;

(c) matters arising are to be decided by a majority of the members voting but if there is an equality of votes the member presiding has a casting vote;

(d) minutes must be kept;

(e) the Police Authority may otherwise determine its procedures.

7 Power of Minister to direct the Police Authority

(1) The Minister may –

(a) require the Police Authority to enquire into and provide a report to the Minister on any matter relating to the States Police Force;

(b) direct the Police Authority to submit the States Police Force to an inspection by a suitably qualified person determined by the Minister.

(2) If a report or inspection mentioned in paragraph (1) identifies an area for improvement, a training need or any inadequacy in the States Police Force, the Minister may direct the Police Authority to ensure that the States Police Force takes appropriate action.

Terms and conditions of appointment of police officers

8 Chief Officer and Deputy Chief Officer

(1) The States Police Force shall have a Chief Officer and a Deputy Chief Officer.

(2) The Deputy Chief Officer must carry out the functions of the office of Chief Officer if –

(a) the office of Chief Officer is vacant; or

(b) the Chief Officer is unable to do so.

(3) The Minister may, after consultation with the Chief Officer where possible, appoint a person to carry out the functions of the office of Deputy Chief Officer whilst –

(a) the office is vacant; or

(b) the holder of the office is unable to perform the functions of the office.

(4) References in this Law to the “Chief Officer” or to the “Deputy Chief Officer” shall be to the person who is, for the time being, carrying out the functions of Chief Officer or the Deputy Chief Officer, as the case may be, under this Article.

9 Appointment of Chief Officer and Deputy Chief Officer

(1) The States may make Regulations prescribing the manner in which persons may be appointed to the office of –

(a) the Chief Officer; and

(b) the Deputy Chief Officer.

(2) The Regulations may, in particular, prescribe –

(a) who may make the appointments;

(b) who may determine the periods of the appointments and the way in which they may be extended;

(d) the circumstances in which and the manner in which a person may be suspended from office and by whom;

(e) the circumstances in which and the manner in which a person may be dismissed from office and by whom;

(f) disciplinary arrangements generally and matters related to the handling of complaints.

(3) Regulations made under this Article may impose functions and confer powers on –

(a) the Royal Court;

(b) the Minister;

(d) the States Employment Board;

(e) the Appointments Commission;

(f) the Police Authority;

(g) the Police Complaints Authority established under Article 2 of the Police (Complaints and Discipline) (Jersey) Law 1999[5]; and

(h) any other body constituted for the purposes of conducting or reviewing disciplinary proceedings or any other individual whose functions include conducting or reviewing such proceedings.

(4) Regulations made under this Article may –

(a) include provision for the application of any provision made by or under the Police (Complaints and Discipline) (Jersey) Law 1999 with such modifications as may be considered necessary or expedient; and

(b) provide for the services of any other police force in the British Islands, and of any of its officers, to be sought and used for the purpose of investigating complaints.

(5) Regulations under paragraph (3)(c) may make provision for the States Assembly to sit in camera.

10 Appointments of other police officers

(1) This Article applies to police officers other than the Chief Officer and the Deputy Chief Officer.

(2) The Minister may, by Order, after consulting the States Employment Board and the Police Authority, provide for –

(a) the appointment of persons to be police officers; and

(b) the promotion of police officers.

(3) An Order made under this Article may confer functions on –

(a) the States Employment Board;

(b) the Appointments Commission; and

11 Terms and conditions of appointment of other police officers

(1) This Article applies to police officers other than the Chief Officer and the Deputy Chief Officer.

(2) The States Employment Board must –

(a) determine the terms and conditions of appointment of police officers; and

(b) as soon as practicable, make any such determination known to those affected by the determination.

(3) The States may, by Regulations, designate such body as the States think fit to carry out the functions described in paragraph (4) and may make Regulations prescribing the constitution of such a body and the way in which it must carry out its functions.

(4) The functions referred to in paragraph (3) are to –

(a) negotiate with the States Employment Board; and

(b) make non-binding recommendations to the States Employment Board,

on the terms and conditions of appointment of police officers.

(5) The body designated under paragraph (3) shall have such other functions as are conferred on it by any other enactment.

12 Association of police officers

(1) Police officers may establish an association to represent them in matters affecting their welfare and efficiency.

(2) A police officer may not otherwise be a member of –

(a) a trade union; or

(b) an association,

that has, as a stated objective, an intention to seek to influence the terms and conditions of appointment of police officers.

(3) Nothing in paragraph (2) prevents a police officer who is a member of an association established under paragraph (1) from being a member of, or appointed to, a body designated under Article 11(3).

(4) An association mentioned in paragraph (1) has no power –

(a) to recommend or engage in industrial action; or

(b) to represent an individual police officer on a question of promotion.

13 General Orders

(1) The Minister may by Order after consulting –

(a) the Chief Officer; and

(b) the association of police officers mentioned in Article 12; and

provide for the governance and administration of the States Police Force.

(2) Such an Order may, in particular, provide for –

(a) the conduct of police officers;

(b) the duties of police officers;

(d) the issue, use and return of clothing, personal equipment and accoutrements;

(e) the use of equipment, including information equipment and information technology systems.

(3) An Order made for the purposes of this Article may provide that anything required to be done under the Order must be done in accordance with the directions of the Chief Officer.

14 Restriction on police officers undertaking other activities

A police officer must not engage in any other occupation, profession or employment or in any undertaking or trade except with, and in accordance with the approval of the Chief Officer or, in the case of the Chief Officer, the Minister.

15 Police officer to take oath or make solemn affirmation

A police officer, on taking office, must either take the following oath or, in the circumstances set out in Solemn Affirmations (Jersey) Law 1963[6], make the following solemn affirmation –

Oath

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 faithfully serve Her Majesty Queen Elizabeth the Second, her heirs and successors according to law, and that you will carry out your duties with courage, fairness and integrity, protecting human rights and according equal respect to all people. You will to the best of your ability uphold the laws and usages of Jersey, cause the peace to be kept, prevent offences against people and property and seek to bring offenders to justice according to law.

Affirmation

I [name] do solemnly, sincerely, and truly declare and affirm that I will exercise the office of a Member of the States of Jersey Police Force, that I will faithfully serve Her Majesty Queen Elizabeth the Second, her heirs and successors according to law, and that I will carry out my duties with courage, fairness and integrity, protecting human rights and according equal respect to all people. I will to the best of my ability uphold the laws and usages of Jersey, cause the peace to be kept, prevent offences against people and property and seek to bring offenders to justice according to law.

Functions of police officers

16 Duties and powers of police officers

(1) A police officer must, to the best of his or her ability –

(a) cause the peace to be kept and preserved;

(b) prevent offences, whether under customary or statutory law, against persons and property; and

(2) A police officer may arrest a person the police officer has reasonable cause to suspect has committed, is committing or is about to commit, an offence.

(3) A police officer has the powers and privileges relating to policing which a Centenier has under customary law or any enactment except –

(a) the power formally to charge any person with an offence;

(b) the powers to conduct and decide a parish hall inquiry into an allegation that an offence has been committed; and

17 Functions and status of Chief Officer

(1) The Chief Officer has the command, direction and control of the States Police Force and of each of its police officers.

(2) The Chief Officer in carrying out his or her functions must, in so far as circumstances permit, give effect to –

(a) the policies referred to in Article 3(3); and

(b) the Annual Policing Plan.

(3) The office of Chief Officer shall be a corporation sole.

(4) The Chief Officer may, in the name of his or her office –

(a) enter into agreements for any purpose of the office;

(b) acquire, hold and dispose of property;

(d) be charged with an offence and defend criminal proceedings.

(5) The Chief Officer, or any person carrying out the functions of the Chief Officer under Article 8, shall be the sole accounting officer of the States Police Force for the purposes of the Public Finances (Jersey) Law 2005[7], notwithstanding anything in Article 37 of that Law to the contrary.

18 Accountability of Chief Officer

(1) The Chief Officer is accountable to the Minister for carrying out his or her functions under Article 17(2).

(2) The Chief Officer is accountable to the Police Authority for –

(a) the general administration, governance and business of the States Police Force;

(b) the discipline and organisation of its officers; and

(c) the training of its officers to ensure that succession planning for officers is both appropriate and effectively implemented.

(3) Accordingly the Chief Officer, if required to do so by the Police Authority or the Minister, must advise or provide a written report on any policing matter.

(4) In particular the Chief Officer may, under paragraph (3), be required to advise or to provide a written report on –

(a) an event arising out of a matter specified in the Annual Policing Plan;

(b) an event arising out of the direction, governance or control of the States Police Force; or

(5) In addition the Chief Officer may be required to provide a factual assessment on any policing matter.

(6) In carrying out their functions under this Law the Minister and the Police Authority must have due regard to the need to respect the operational independence of the States Police Force.

Administration of States Police Force

19 Annual Policing Plan

(1) The Police Authority must, after consultation with the Chief Officer, before 1st December each year –

(a) prepare an Annual Policing Plan for the Force for the following financial year; and

(b) present it to the Minister.

(2) The Minister may, after consulting the Police Authority and the Chief Officer, amend the Annual Policing Plan.

(3) When the Minister has approved an Annual Policing Plan (whether or not with amendments), the Minister must lay it before the States Assembly at the first reasonable opportunity.

20 Annual Policing Report

(1) The Police Authority must, within 3 months after the end of each financial year, prepare and submit to the Minister an Annual Policing Report.

(2) The Annual Policing Report must provide a review of –

(a) the manner in which the provisions of the Annual Policing Plan, for the financial year have been addressed; and

(b) the performance of the States Police Force generally.

(3) The Minister must lay the Annual Policing Report before the States Assembly at the first reasonable opportunity.

21 Relationship with Honorary Police

(1) The Chief Officer and the Attorney General must, by agreement, establish appropriate arrangements –

(a) for the exchange of information between the States Police Force and the Honorary Police; and

(b) for the Force to work in partnership with the Honorary Police.

(2) Before establishing appropriate arrangements under paragraph (1), the Chief Officer and the Attorney General must consult the Comité des Connétables and the Comité des Chefs de Police.

22 Chief Officer may seek assistance

(1) This Article applies if the Chief Officer is satisfied, after taking into account the resources of the Force and the Honorary Police, that the Force needs or will need assistance to meet a special demand on its resources.

(2) The Chief Officer may, with the approval of the Minister, agree that –

(a) a police force; or

(b) other law enforcement agency,

in another part of the British Islands will make officers or other individuals available to the Chief Officer.

(3) An officer from a police force made available under paragraph (2)(a) is, for the purposes of this Law and any other enactment, a police officer during his or her period of duty in Jersey.

(4) For the purposes of paragraph (2), “law enforcement agency” means any person or body of persons authorized under the law of any part of the British Islands to enforce any law of any part of the British Islands.

23 Chief Officer may give assistance

(1) This Article applies if the Chief Officer receives a request from a police force in another part of the British Islands for police officers it believes it needs or will need to meet a special demand on its resources.

(2) The Chief Officer may, with the approval of the Minister, agree to make police officers available to the police force.

24 Charge may be made for police services

The Chief Officer may, with the approval of the Minister, charge for the provision of police services in such circumstances and subject to such conditions as the States may set out in Regulations.

25 Chief Officer liable for wrongful acts of police officers

(1) The Chief Officer is liable in respect of civil wrongs committed by police officers in the performance, or purported performance, of their functions as police officers.

(2) For the purpose of paragraph (1) the Chief Officer shall be taken to be the employer of police officers.

(3) There shall be paid out of funds provided by the Minister –

(a) any damages or costs awarded against the Chief Officer in any proceedings brought against the Chief Officer by virtue of this Article;

(b) any costs incurred and not recovered by the Chief Officer in any such proceedings; and

(c) any sum required in connection with the settlement of any claim made against the Chief Officer by virtue of this Article, if the settlement is approved by the Minister.

(4) Out of funds provided by the Minister, the Minister may, in such cases and to such extent as he or she thinks fit –

(a) pay any damages or costs awarded against a member of the Force in proceedings for a civil wrong committed by the member of the Force;

(b) pay any costs incurred and not recovered by the member of the Force in any such proceedings; and

(c) pay any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

26 States’ employees may undertake functions of police officers

(1) The States may, by Regulations, make provision for such functions of a police officer as may be specified in the Regulations to be undertaken by States’ employees.

(2) Without prejudice to the generality of Regulations that may be made under paragraph (1), such Regulations must –

(a) make provision for the Minister to designate in writing States’ employees (such designation being by description of post or job title) to carry out such functions of a police officer as the Minister may specify in accordance with such Regulations;

(b) specify conditions which must be satisfied relating to designation by the Minister including conditions relating to prior consultation with such person or body as may be specified in the Regulations; and

(c) make provision for the handling of complaints relating to, or other instances of misconduct involving, the undertaking by any States’ employee of the functions of a police officer.

(3) Regulations under paragraph (2)(c) may include provision for the application of any provision made by or under the Police (Complaints and Discipline) (Jersey) Law 1999[8] with such modifications as may be considered necessary or expedient.

(4) A States’ employee does not become a member of the States Police Force by undertaking the function of a police officer following a designation in accordance with Regulations under paragraph (2)(a).

(5) In making a designation in accordance with Regulations under paragraph (2)(a) the Minister must specify whether a States employee so designated is under the control of the Chief Officer or some other specified person or body.

(6) A States employee designated by the Minister in accordance with Regulations under paragraph (2)(a) must undertake the function specified by the Minister in accordance with the directions of the person or body specified under paragraph (5).

(7) The undertaking of a function of a police officer by a States’ employee specified in accordance with this Article shall, for the purpose of this Law and any other enactment, have effect as if such function had been undertaken by a police officer.

27 Contractors may undertake functions of police officers

(1) In this Article “service” means a function usually undertaken by a police officer.

(2) The Chief Officer may, in accordance with Regulations made by the States, enter into an agreement for the performance of services to the States Police Force.

(3) Regulations under paragraph (2) –

(a) may specify any conditions relating to approval by the Minister and consultation with the Police Authority before any agreement is made;

(b) must specify the services that may be performed under any such agreement;

(c) must specify both the powers and duties of a police officer that a person may have when performing a service to the States Police Force under such an agreement;

(d) may specify the criteria which a person must meet in order to perform a service under such an agreement, including any qualifications which such a person must possess; and

(e) may make provision for the handling of complaints relating to, or other instances of misconduct involving, the performance of a service to the States Police Force by any person under such an agreement.

(4) Regulations under paragraph (3)(e) may include provision for the application of any provision made by or under the Police (Complaints and Discipline) (Jersey) Law 1999[9] with such modifications as may be considered necessary or expedient.

(5) The Minister may, at any time, require the Chief Officer to provide a report in relation to services performed by a person to the States Police Force under such an agreement.

(6) The performance of a service by a person in accordance with such an agreement shall, for the purpose of this Law and any other enactment, have effect as if the service had been performed by a police officer.

28 Property in possession of police officers

The Minister may, by Order, make such provision as he or she deems appropriate for the disposal of property that has come into the possession of the Chief Officer and the owner of the property cannot be ascertained or found.

Offences

29 Impersonation of police officer

(1) A person who, with intent to deceive –

(a) impersonates a police officer; or

(b) makes a statement or does an act calculated falsely to suggest that the person is a police officer,

is guilty of an offence and liable to imprisonment for 6 months and to a fine of level 4 on the standard scale.

(2) A person who, not being a police officer, wears an article of police uniform in circumstances where it gives the person an appearance so nearly resembling that of a police officer as to be calculated to deceive, is guilty of an offence and liable to a fine of level 3 on the standard scale.

(3) A person who, not being a police officer, has, in his or her possession, an article of police uniform, is guilty of an offence and liable to a fine of level 2 on the standard scale unless the person proves that he or she –

(a) obtained possession of the article lawfully; and

(b) has possession of it for a lawful purpose.

(4) In paragraphs (2) and (3) “article of police uniform” means –

(a) an article of uniform; or

(b) a 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.

(5) In this Article –

(a) paragraph (2) does not apply to an article of police uniform worn by a person in the exercise of his or her functions as a member of the Honorary Police; and

(b) paragraph (3) does not apply to an article of police uniform which is in the possession of a person for the purposes only of his or her functions as a member of the Honorary Police.

30 Wasting police time

(1) A person who causes a wasteful employment of the resources of the States Police Force by knowingly making a false report tending –

(a) to show that an offence has been committed;

(b) to give rise to apprehension for the safety of any persons or property; or

is guilty of an offence and liable to imprisonment for 6 months and to a fine of level 4 on the standard scale.

(2) Proceedings must not be instituted for an offence under this Article except by or with the consent of the Attorney General.

Miscellaneous provisions

31 Amendments to other enactments

(1) The enactments mentioned in Schedule 1 are amended as set out in that Schedule.

(2) The States may, by Regulations, make such amendments to enactments other than this Law as appear to the States to be expedient in consequence of the coming into force of any provision of this Law.

32 Transitional provisions

(1) The transitional provisions set out in Schedule 2 have effect.

(2) The Minister may, by Order, make such further transitional or savings provisions as he or she thinks fit.

33 Regulations and Orders

An Order or Regulations under this Law may contain such transitional, consequential, incidental or supplementary provisions as appear to the Minister or the States, as the case may be, to be necessary or expedient for the purposes of the Order or Regulations.

34 Citation and commencement

(1) This Law may be cited as the States of Jersey Police Force Law 2012.

(2) It shall come into force on such day or days as the States may, by Act, appoint.

m.n. de la haye

Greffier of the States

SCHEDULE 1

(Article 31)

Amendments to other enactments

1 Children (Jersey) Law 2002

(1) In this paragraph, “Law” means the Children (Jersey) Law 2002[10].

(2) In Article 1(1) of the Law the definitions “chief officer” and “police officer” shall be deleted.

(3) In Article 41(2)(d) of the Law, for the words “Chief Officer” there shall be substituted the words “Chief Officer of the States of Jersey Police Force”.

2 Civil Defence (Jersey) Law 1952

In Article 1 of the Civil Defence (Jersey) Law 1952[11] for the definition “police force” there shall be substituted the following definition –

“ ‘police force’ means the States of Jersey Police Force;”.

3 Criminal Justice (International Co-operation) (Jersey) Law 2001

In Article 1 of the Criminal Justice (International Co-operation) (Jersey) Law 2001[12] the definition “police officer” shall be deleted.

4 Criminal Procedure (Connétables and Centeniers) (Jersey) Law 1996

In Article 2 of the Criminal Procedure (Connétables and Centeniers) (Jersey) Law 1996[13], for the words “Article 3(2)(b) and (c) of the Police Force (Jersey) Law 1974” there shall be substituted the words “Article 3(2) of the Honorary Police (Jersey) Law 1974”.

5 Customs and Excise (Jersey) Law 1999

In Article 1(1) of the Customs and Excise (Jersey) Law 1999[14] for the definition “police officer” there shall be substituted the following definition –

“ ‘police officer’ includes any person who, for the time being, possesses the power of, or is entitled to carry out the duties of, a police officer;”.

6 Entertainments on Public Roads (Jersey) Law 1985

In Article 1 of the Entertainment on Public Roads (Jersey) Law 1985[15] the definition “police officer” shall be deleted.

7 Firearms (Jersey) Law 2000

In Article 1(1) of the Firearms (Jersey) Law 2000[16] the definition “police officer” shall be deleted.

8 Health and Safety at Work (Jersey) Law 1989

(1) In this paragraph “Law” means the Health and Safety at Work (Jersey) Law 1989[17].

(2) In Article 1(1) of the Law the definition “police officer” shall be deleted.

(3) In Article 1(2) of the Law –

(a) the word “and” after sub-paragraph (b) shall be deleted;

(b) after sub-paragraph (c) the word “and” and the following paragraph shall be inserted –

“(d) a police officer in the States of Jersey Police Force is to be taken to be an employee of the Chief Officer of that Force and is to be taken to be at work throughout the time he or she is on duty, but not otherwise,”.

9 Motor Vehicle Registration (Jersey) Law 1993

In Article 12(9)(a)(ii) of the Motor Vehicle Registration (Jersey) Law 1993[18] the words “within the meaning of the Police Force (Jersey) Law 1974” shall be deleted.

10 Police (Complaints and Discipline) (Jersey) Law 1999

(1) In this paragraph “Law” means the Police (Complaints and Discipline) (Jersey) Law 1999[19].

(2) In the long title of the Law the words “, port control officers” shall be deleted.

(3) In Article 1 of the Law the definitions “port control officer” and “Port Control Unit” shall be deleted.

(4) In the heading to Part 2 of the Law the words “and Port Control Officers” shall be deleted.

(5) In Article 3 of the Law –

(a) in the definition “complaint” the words “or port control officer” shall be deleted;

(b) in paragraph (c) the words “, port control officer” shall be deleted.

(6) For Article 4(1) of the Law there shall be substituted the following paragraph –

“(1) Nothing in this Part has effect in relation to a complaint in so far as it relates to the conduct of the Chief Officer or Deputy Chief Officer.”.

(7) In Article 7 of the Law –

(a) in the heading the words “or port control officer” shall be deleted;

(b) in paragraph (6)(b) the words “or port control officer” shall be deleted.

(8) In Article 8(a) of the Law the words “or port control officer” shall be deleted.

(9) In Article 9 of the Law –

(a) in the heading the words “or port control officer” shall be deleted;

(b) in paragraph (1)(a) the words “or port control officer” shall be deleted;

(10) In Article 10 of the Law –

(a) in the heading the words “or port control officer” shall be deleted;

(b) in paragraph (8)(a) the words “or port control officer” shall be deleted.

(11) In Article 11 of the Law, in the heading, the words “or port control officer” shall be deleted.

(12) In Article 13 of the Law –

(a) in paragraph (3) the words “or port control officer” shall be deleted;

(b) in paragraph (5)(b) the words “or port control officer” shall be deleted.

(13) In Article 14 of the Law –

(a) in the heading the words “or port control officer” shall be deleted;

(b) in paragraph (1) the words “or port control officer” shall be deleted.

(14) In Article 15 of the Law –

(a) in paragraph (1)(a) the words “and port control officers” shall be deleted;

(b) in paragraph (1)(b) the words “or port control officer” shall be deleted;

(d) in paragraph (1)(d) –

(i) the words “or port control officer” shall be deleted,

(ii) the words “or officer” shall be deleted;

(e) in paragraph (1)(e) the words “or port control officer” shall be deleted;

(f) in paragraph (1)(f) the words “or port control officer” shall be deleted;

(g) in paragraph (1)(g) the words “or port control officer” shall be deleted.

(15) In Article 16 of the Law the words “and Port Control Unit” shall be deleted each time those words appear.

(16) In Article 17(c) of the Law the words “, port control officer” shall be deleted.

(17) In the Schedule to the Law, in paragraph 1(4)(a) the words “port control officer,” shall be deleted.

11 Police Force (Jersey) Law 1974

(1) In this paragraph, “Law” means the Police Force (Jersey) Law 1974[20].

(2) The Law shall be renamed the “Honorary Police (Jersey) Law 1974”.

(3) For the Long Title of the Law there shall be substituted the following Long Title –

“A LAW to make provision for the Honorary Police, and for related purposes.”.

(4) For Article 1 of the Law there shall be substituted the following Article –

“1 Interpretation

In this Law, unless the context otherwise requires –

‘designated Customs custody facility’ means any place that may be used for the purpose of detaining arrested persons, by the Agent of the Impôts or any officer of the Impôts, by virtue of the application of Article 33 of the Police Procedures and Criminal Evidence (Jersey) Law 2003[21] by an Order made under Article 107 of that Law;

‘Force’ means the States of Jersey Police Force;

‘Minister’ means the Minister for Home Affairs;

‘police officer’ means a member of the Honorary Police;

‘prescribed’ means prescribed by Order.”.

(5) In Article 2 of the Law for the words “all offences, whether common law or statutory,” there shall be substituted the words “offences, whether under customary law or statutory law,”.

(6) In Article 3 of the Law –

(a) in paragraph (4) for the words “a member of the Force may refer the matter to the Attorney General, who” there shall be substituted the words “the Attorney General”;

(b) paragraph (5) is repealed.

(7) For the heading of Part 2 of the Law there shall be substituted the heading “Composition and Jurisdiction”.

(8) Articles 6 and 7 of the Law shall be repealed.

(9) Parts 3 and 4 of the Law shall be repealed.

(10) In Article 20 of the Law, in the heading, the word “Honorary” shall be inserted before the word “Police”.

(11) Article 21 of the Law shall be repealed.

(12) In Article 23 of the Law –

(a) in paragraph (1) for the words “liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding £100, or to both” there shall be substituted the words “liable to imprisonment for 6 months and to a fine of level 4 on the standard scale”;

(b) in paragraph (2) for the words “liable to a fine not exceeding £100” there shall be substituted the words “liable to a fine of level 3 on the standard scale”;

(c) in paragraph (3) for the words “liable to a fine not exceeding £20” there shall be substituted the words “liable to a fine of level 2 on the standard scale”;

(d) after paragraph (4) there shall be added the following paragraph –

“(5) In this Article –

(a) paragraph (2) does not apply to an article of police uniform worn by a person in the exercise of his or her functions as a member of the Force; and

(b) paragraph (3) does not apply to an article of police uniform which is in the possession of a person for the purposes only of his or her functions as a member of the Force.”.

(13) In Article 24 of the Law –

(a) in the heading the word “Honorary” shall be inserted after “Wasting”;

(b) for paragraph (1) there shall be substituted the following paragraph –

“(1) Any person who causes any wasteful employment of the Honorary Police by knowingly making to any person a false report tending –

(a) to show that any offence has been committed;

(b) to give rise to apprehension for the safety of any persons or property; or

shall be guilty of an offence and liable to imprisonment for 6 months and to a fine of level 4 on the standard scale.”.

(14) Articles 25, 26, 27, 28 and 29 shall be repealed.

(15) For Article 30 of the Law there shall be substituted the following Article –

“30 Citation

This Law may be cited as the Honorary Police (Jersey) Law 1974.”.

(16) The Schedules to the Law shall be repealed.

12 Powers of Arrest (Injunctions) (Jersey) Law 1998

In Article 1 of the Powers of Arrest (Injunctions) (Jersey) Law 1998[22] the definition “police officer” shall be deleted.

13 Public Employees (Retirement) (Jersey) Law 1967

In Article 1(2) of the Public Employees (Retirement) (Jersey) Law 1967[23] after sub-paragraph (b) there shall be inserted the following sub-paragraph –

“(ba) police officers in the States of Jersey Police Force;”.

14 Radio Equipment (Jersey) Law 1997

In Article 1(1) of the Radio Equipment (Jersey) Law 1997[24] the definition “police officer” shall be deleted.

15 Regulation of Investigatory Powers (Jersey) Law 2005

In Article 1(1) of the Regulation of Investigatory Powers (Jersey) Law 2005[25] for the definition “Chief Officer” there shall be substituted the following definition –

“ ‘Chief Officer’ means the Chief Officer of the Force;”.

16 Road Traffic (Jersey) Law 1956

In Article 1(1) of the Road Traffic (Jersey) Law 1956[26] the definition “police officer” shall be deleted.

17 Social Security (Jersey) Law 1974

In Article 1 of the Social Security (Jersey) Law 1974[27] there shall be added after paragraph (7) the following paragraph –

“(8) For the purposes of this Law, a police officer in the States of Jersey Police Force is to be taken to be an employee of the Chief Officer of that Force under a contract of service.”.

SCHEDULE 2

(Article 32)

TRansitional provisions

1 Chief Officer and Deputy Chief Officer

(1) The persons who, immediately before the coming into force of Article 9 of this Law, were the holders of the offices of Chief Officer and Deputy Chief Officer continue to hold those offices as if they had been appointed to those offices under this Law.

(2) Until their terms and conditions are amended under this Law, they do so on the same terms and conditions of appointment as applied to them immediately before the coming into force of Article 9 of this Law.

2 Police officers

(1) Persons who, immediately before the coming into force of Article 10 of this Law, were police officers in the States of Jersey Police Force continue as police officers in the Force as if they had been appointed under this Law.

(2) Until their terms and conditions are amended under this Law, they do so –

(a) with the same ranks as were held by them immediately before the coming into force of Article 10 of this Law; and

(b) on the same terms and conditions as applied to them immediately before the coming into force of Article 10 of this Law.

3 Police Negotiating Board

The Police Negotiating Board established under Article 11 of the Police Force (Jersey) Law 1974[28] that existed immediately before the coming into force of Article 11 of this Law, continues as if it were a body designated by Regulations under Article 11 of this Law and as if the provisions in Schedule 2 to the Police Force (Jersey) Law 1974 relating to the Police Negotiating Board (other than paragraph 2) were included in Regulations under Article 11 of this Law.

4 States of Jersey Police Association

The States of Jersey Police Association established under Article 27 of the Police Force (Jersey) Law 1974 that existed immediately before the coming into force of Article 12 of this Law, continues as if it were an association of police officers established under Article 12 of this Law.

[1] chapter 16.325

[2] chapter 24.900

[3] chapter 16.800

[4] chapter 16.325

[5] chapter 23.325

[6] chapter 07.875

[7] chapter 24.900

[8] chapter 23.325

[9] chapter 23.325

[10] chapter 12.200

[11] chapter 23.075

[12] chapter 08.300

[13] chapter 08.420

[14] chapter 24.660

[15] chapter 25.050

[16] chapter 23.200

[17] chapter 05.300

[18] chapter 25.350

[19] chapter 23.325

[20] chapter 23.375

[21] chapter 23.750

[22] chapter 12.700

[23] chapter 16.650

[24] chapter 06.216

[25] chapter 08.830

[26] chapter 25.550

[27] chapter 26.900

[28] chapter 23.375

Page Last Updated: 27 Apr 2016

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States of Jersey Police Force Law 2012