States of Jersey Police
Force (Chief Officer and Deputy Chief Officer) (Jersey) Regulations 2017
Made 14th February 2017
Coming into force 21st
February 2017
THE STATES, in pursuance of Articles 9 and 33 of the States of Jersey Police
Force Law 2012[1], have made the following
Regulations –
part 1
preliminary
1 Interpretation
In these Regulations –
“2000 Order” means
the Police (Complaints and Discipline Procedure) (Jersey) Order 2000[2];
“Chief Executive Officer”
has the same meaning as in the Employment of States of Jersey Employees
(Jersey) Law 2005[3];
“complaint” has the
meaning given in Regulation 3;
“complainant” has
the meaning given in Regulation 4;
“conduct matter”
means any matter about which there has not been a complaint (other than one
which has been withdrawn), but in the case of which there is an indication, whether
from the circumstances or otherwise, that an Officer may have –
(a) committed
a criminal offence; or
(b) behaved
in a manner which would justify the bringing of disciplinary proceedings;
“disciplinary charge”
and “disciplinary offence”
shall be construed in accordance with Regulation 5;
“disciplinary proceedings”
means proceedings under these Regulations for the hearing of a disciplinary
charge;
“Discipline Code”
means the Discipline Code in Schedule 1 to the 2000 Order;
“human resources professional”
means a States’ employee who has responsibility for any personnel matters
relating to police officers;
“Law” means the
States of Jersey Police Force Law 2012[4];
“legal representative”
includes an advocate or a solicitor;
“interested party”
means a witness or any person involved in conduct which is the subject of a
complaint or conduct matter or who otherwise has a direct interest in a complaint
or conduct matter;
“investigating officer”
shall be construed in accordance with Regulation 13(1);
“investigating panel”
has the meaning in Regulation 2(1);
“Officer” without
qualification, means the Chief Officer or the Deputy Chief Officer, as the case
requires;
“Officer concerned”
means the Officer who is the subject of the complaint or conduct matter;
“Police Authority”
means the Jersey Police Authority;
“Police Complaints Authority”
means the Jersey Police Complaints Authority established under Article 2
of the Police (Complaints and Discipline) (Jersey) Law 1999[5];
“police officer from some other
force” means a police officer from a police force in the British
Islands other than Jersey;
“States’ employee”
has the same meaning as in Article 2 of the Employment of States of Jersey
Employees (Jersey) Law 2005[6];
“tribunal” has the
meaning in Regulation 2(2).
2 Investigating
panel and tribunal
(1) In
these Regulations, “investigating panel” means a panel appointed by
the Minister comprising –
(a) the
Chief Executive Officer;
(b) the
Chairman of the Police Complaints Authority or a member of that Authority
nominated by the Chairman; and
(c) one
other person appointed by the Minister, such person not being a member of the
Force or a States’ employee.
(2) In
these Regulations “tribunal” means a tribunal appointed by the Chairman
of the Police Authority or by a member of the Police Authority nominated by the
Chairman comprising –
(a) a Jurat
acting as chair of the tribunal;
(b) a
police officer or retired police officer from some other force; and
(c) a
person who is not a member of the Force or a States’ employee and who is
selected from a list maintained by the Police Authority for the purposes of
these Regulations.
(3) An
investigating panel or tribunal must be appointed on each occasion it is
required to exercise the functions as are conferred on it by these Regulations.
(4) The
investigating panel or tribunal, as the case may be, may be assisted by a human
resources professional for the purpose of exercising its functions.
(5) A
person, including a legal representative, may be appointed by the Chairman of
the Police Authority or by a person nominated by the Chairman of the Police
Authority to advise the tribunal with regard to the exercise of the
tribunal’s functions.
(6) The
person appointing a police officer from some other force for the purposes of paragraph (2)
may require any member of the Force to give him or her such assistance as is
reasonably necessary or expedient for securing such an appointment and any
member of the Force required to give such assistance shall do so.
(7) Except
as provided for in these Regulations, the panel or tribunal, as the case may
be, shall determine its own procedures and may require such documents and
information as it thinks necessary for the purpose of exercising its functions.
3 Meaning
of “complaint”
(1) In
these Regulations, “complaint” means a complaint in writing made to
the Minister by a person specified in paragraph (2) about the conduct of
an Officer and can include any of the following –
(a) a
complaint about the way in which the Officer has carried out his or her
functions under Article 17 of the Law including his or her functions in
relation to the matters referred to in Article 18(2)(a), (b) and (c) of
the Law;
(b) an
allegation that the Officer has failed to carry out a function referred to in sub-paragraph (a);
(c) an
allegation that the Officer has committed a disciplinary offence; and
(d) an
allegation that the Officer has committed a criminal offence.
(2) Those
persons are any of the following –
(a) a
member of the public;
(b) a
person acting on behalf of, and with the written consent of, a member of the
public,
including a member of the Force acting otherwise than in the course
of his or her duty.
4 Meaning
of “complainant”
In these Regulations, “complainant” means any person who
makes a complaint.
5 Discipline
Code and offences against discipline
(1) Each
Officer is subject to the Discipline Code.
(2) An
Officer commits an offence against discipline if the Officer’s conduct
does not meet the standard set out in the Code and “disciplinary
offence” shall be construed accordingly.
(3) References
in these Regulations to a “disciplinary charge” are to a charge
that an Officer has committed a disciplinary offence.
part 2
Appointment, suspension and removal of
chief officer or deputy chief officer
6 Appointment
of the Chief Officer and Deputy Chief Officer
(1) The
Minister shall appoint the Chief Officer and Deputy Chief Officer for such
length of term of office in each case as the Minister shall determine.
(2) An
appointment under paragraph (1) shall not be made unless the Minister is
satisfied that the person appointed to the post of Chief Officer or Deputy
Chief Officer, as the case may be, is suitably qualified for the post.
(3) Before
the Minister appoints a person to the office of Chief Officer or Deputy Chief
Officer, the Minister must –
(a) consult
the Police Authority; and
(b) present
to the States notice of his or her intention to make the appointment at least 2 weeks
before the appointment is made.
(4) An
appointment under paragraph (1) shall be on such terms as to salary and
conditions of service as the States Employment Board may from time to time
determine.
7 Powers
of suspension or removal
(1) The
Minister may suspend an Officer in accordance with Regulation 8.
(2) The
Minister may require the resignation or retirement of an Officer in accordance
with Regulation 9 except where any of the following apply –
(a) an
investigation or hearing is pending or proceeding under Part 3;
(b) the
action to be taken under Part 3 following an investigation or hearing under
that Part has not yet been determined; or
(c) the
Officer is required to resign or retire following a finding under Part 3
that the Officer is guilty of a disciplinary offence.
(3) Before an
Officer –
(a) is
suspended; or
(b) required
to resign or retire (whether or not under Part 3),
the Minister shall give prior notice to the Police Authority.
(4) Where an
Officer –
(a) has
been suspended; or
(b) required
to resign or retire (whether or not under Part 3),
the Minister shall report to the States the suspension or
requirement to resign or retire, as the case may be.
8 Grounds
and procedures for suspension
(1) The
Minister may suspend an Officer on either or both of the following grounds –
(a) the
suspension is deemed necessary by the Minister in order to maintain public
confidence; or
(b) the
effectiveness of any investigation under Part 3 may be prejudiced if the
Officer is not suspended.
(2) Before
an Officer is suspended under paragraph (1), the Minister shall give the
Officer a written notice informing the Officer –
(a) of
the grounds on which he or she may be suspended;
(b) of
the Officer’s right to make representations, either in writing or in
person, before a decision to suspend is made;
(c) that
the Officer’s representations may be made to another person (including a
legal representative) or by the Officer and that the Officer may be accompanied
by that other person to any hearing; and
(d) of
the time within which representations must be made (which shall be such period
as is reasonable in all the circumstances of the case).
(3) Before
the Minister makes a decision to suspend an Officer, an investigating panel
shall investigate the matter and make a written report to the Minister recommending
whether or not suspension should take place.
(4) Paragraph (3)
need not be complied with where the Minister deems it necessary to suspend an
Officer urgently without obtaining the report and recommendation referred to in
that paragraph.
(5) The
Minister shall review an Officer’s suspension at intervals of no less
than a month and shall revoke the suspension if the grounds for the suspension
described in paragraph (1) no longer exist.
(6) Notwithstanding
paragraph (5), the Minister may revoke an Officer’s suspension at
any time.
(7) An
Officer who is suspended under this Regulation may not –
(a) give
notice of resignation from his or her appointment; or
(b) resign
under notice given prior to the suspension,
unless he or she has the Minister’s consent.
(8) Where
an Officer is suspended under this Regulation, the Officer shall not be
entitled to any pay in respect of any period when –
(a) the
Officer is detained in custody pursuant to a sentence of a court or is detained
in custody between conviction and sentence; or
(b) the
Officer has absented himself or herself from duty and the Officer’s
whereabouts are unknown to the Minister.
9 Procedures
for removal
(1) Before
an Officer is required to resign or retire, the Minister must give the Officer
a written notice explaining the reasons for the Minister’s proposal to require
the Officer’s retirement or resignation.
(2) The
Minister must give the Officer the opportunity to make written representations in
response to the notice, such representations to be made on a date that is not
less than 28 days after the date of the notice.
(3) The
Officer must indicate to the Minister no later than 14 days after the date
of the notice whether the Officer wishes to make any such representations.
(4) The
Minister must consider any representations made by or on behalf of the Officer
by another person (including a legal representative).
(5) If,
after complying with paragraphs (1) to (4), the Minister still proposes to
require the Officer’s retirement or resignation, the Minister must appoint
an investigating panel for the purpose of it making a recommendation as to
whether or not the Officer should be required to retire or resign.
(6) The
recommendation must be given to the Minister in writing before the end of the
period of 6 weeks after the date of the appointment of the investigating panel.
(7) Before
making the recommendation the investigating panel must hold a meeting which the
Minister and Officer may both attend for the purpose of the Minister or Officer,
or both as the case may be, making representations relating to the proposal to
require the Officer to retire or resign.
(8) For
the purposes of paragraph (7), the Officer’s representations may be
made by the Officer or by another person (including a legal representative).
(9) If
the investigating panel makes a recommendation to the effect that an Officer
should be required to resign or retire, the Minister may make a decision to
that effect and shall notify the Officer of that decision in writing.
(10) An
Officer must resign or retire if required to do so by the Minister in
accordance with paragraph (9).
(11) A
resignation or retirement under paragraph (10) shall take effect on such
date specified by the Minister in the Minister’s decision.
(12) An
Officer may appeal to the Royal Court against a decision requiring the Officer
to resign or retire on the grounds that in all the circumstances of the case the
decision was not reasonable.
(13) The
appeal must be made within 28 days of the date of the decision requiring
the Officer to resign or retire.
(14) Subject
to any order of the Royal Court, an appeal under paragraph (13) shall not
have the effect of suspending the decision.
part 3
procedures for complaints and conduct
matters
10 Preliminary
procedure for dealing with a complaint
(1) Upon
receipt of a complaint the Minister shall, as soon as reasonably practicable
and at any rate no later than 10 working days after its receipt, appoint an
investigating panel to investigate the complaint.
(2) In paragraph (1),
“working day” means a day other than –
(a) a
Saturday, a Sunday, Christmas Day, or Good Friday; or
(b) a
day that is a bank holiday or a public holiday under the Public Holidays and
Bank Holidays (Jersey) Law 1951[7].
11 Preliminary
procedure for dealing with a conduct matter
The Minister shall refer a conduct matter to an investigating panel
as soon as possible after that matter has come to his or her attention unless
the Minister is satisfied that the conduct matter has been, or is already being
dealt with, by criminal or disciplinary proceedings against the Officer
concerned.
12 Initial
investigation by investigating panel
(1) The
investigating panel shall, to the extent that it considers appropriate,
investigate the complaint or conduct matter referred to it by the Minister
under Regulation 10 or 11 and report to the Minister –
(a) whether
it considers that the conduct under investigation would, if proved, justify a
criminal or disciplinary charge; and
(b) the
action, if any, it recommends that the Minister should take to deal with the
complaint or conduct matter.
(2) In
making its report under paragraph (1) in relation to a complaint, the
investigating panel may take into account whether any of the following apply –
(a) the
subject matter of the complaint has been, or is already being, dealt with by
means of criminal or disciplinary proceedings against the Officer concerned;
(b) the
complaint has been withdrawn;
(c) the
subject matter of the complaint is already the subject matter of a complaint
made by or on behalf of the same complainant and contains no fresh allegation;
(d) the
complaint is vexatious, oppressive or otherwise an abuse of the procedures in
these Regulations for dealing with complaints; or
(e) the
complaint is without foundation, that is, no reasonable person could lend any
credence to it.
(3) If,
in the case of a complaint, the complainant fails, without reasonable excuse,
to respond satisfactorily to any request by the investigating panel for information
or other assistance within 21 days of receiving that request, the investigating
panel may treat the complaint has having been withdrawn.
(4) If
the investigating panel finds that the conduct under investigation would, if
proved, justify a criminal or disciplinary charge, the Minister must notify the
Police Complaints Authority unless any of the matters referred to in paragraph (2)
apply.
(5) If
a matter is not referred to the Police Complaints Authority under paragraph (4),
the Minister may deal with the matter as he or she thinks fit, having taken
into account any recommendation in the investigating panel’s report.
(6) For
the purpose of dealing with a matter under paragraph (5) the Minister may
appoint a police officer or retired police officer from some other force to act
on the Minister’s behalf, such police officer being a person who is, or
was, of at least the rank of the Officer concerned.
(7) The
Minister may require any member of the Force to give him or her such assistance
as is reasonably necessary or expedient for the purpose of securing an
appointment under paragraph (6) and any member of the Force required to
give such assistance shall do so.
13 Further
investigation supervised by Police Complaints Authority
(1) Upon
receiving a notification under Regulation 12(4), the Police Complaints
Authority shall, after consultation with the Minister, appoint a person to
investigate the complaint or conduct matter (“investigating
officer”).
(2) The
purpose of the investigation is to –
(a) gather
evidence to establish the facts and circumstances of the complaint or conduct
matter;
(b) assist
the Minister in determining whether there is a case to answer in respect of
disciplinary proceedings; and
(c) recommend
what action the Minister should take in respect of the complaint or conduct
matter.
(3) The
investigating officer shall be a police officer or retired police officer from
some other force who is, or was, of at least the rank of the Officer against
whom the complaint is made or whose conduct is otherwise the subject of investigation.
(4) The
Police Complaints Authority may require any member of the Force to give it such
assistance as is reasonably necessary or expedient for the purpose of securing
an appointment under paragraph (1) and any member of the Force required to
give such assistance shall do so.
(5) The
investigating officer shall as soon as practicable (without prejudicing the
investigating officer’s or any other investigation of the matter) ensure
that the Officer concerned is given written notice –
(a) that
there is to be an investigation into the case;
(b) of the
nature of the complaint or conduct matter;
(c) that
the Officer is not obliged to say anything concerning the matter, but that the
Officer may, if the Officer wishes, make a written or oral statement to the
investigating officer;
(d) that
if the Officer makes such a statement it may be used in any subsequent proceedings
under these Regulations;
(e) that
the Officer has the right to seek advice from the association of police officers
established or deemed to be established under Article 12 of the Law;
(f) that
the Officer has the right to be accompanied by any person, other than an
interested party, to any meeting, interview or hearing and that such person may
make representations on the Officer’s behalf.
(6) If,
during the course of the investigation in relation to a complaint, it becomes
clear to the investigating officer that the complaint is frivolous or
vexatious, he or she may report that finding to the Minister and recommend that
the investigation is not pursued further.
(7) Where
the investigating officer makes a report and recommendation to the Minister
under paragraph (6), the Minister may, with the concurrence of the Police
Complaints Authority and, in the case of a matter which may involve the
commission of a criminal offence, with the concurrence of the Attorney General,
direct that the investigation shall not be pursued further.
14 Investigating
officer’s report
(1) The
investigating officer shall give a written report to the Minister and send a
copy to the Police Complaints Authority.
(2) Where
the report concerns a complaint or conduct matter that may involve the
commission of a criminal offence, the Minister shall send a copy of the report
to the Attorney General.
15 Action
by Police Complaints Authority and Attorney General following investigating
officer’s report
(1) After
considering a report submitted to it under Regulation 14, the Police
Complaints Authority shall prepare a statement –
(a) as
to whether the investigation has or has not been conducted to its satisfaction;
and
(b) specifying
any respect in which it has not been so conducted.
(2) The
Police Complaints Authority may prepare separate statements in respect of the
criminal and disciplinary aspects of an investigation.
(3) The
Police Complaints Authority shall send the statement to –
(a) the
Minister; and
(b) the
Attorney General where the statement concerns a matter that may involve the commission
of a criminal offence.
(4) Where
it is practicable to do so, the Police Complaints Authority shall send a copy
of the statement to –
(a) the
Officer concerned; and
(b) if
the investigation related to a complaint, the complainant.
(5) Where
the Attorney General receives a report under Regulation 14(2) and a
statement under paragraph (3), the Attorney General shall inform the
Minister and the Police Complaints Authority whether or not criminal
proceedings will be initiated.
16 Action
by the Minister following investigating officer’s
report
(1) After
either the Attorney General has informed the Minister that criminal proceedings
will not be initiated or such proceedings are concluded, the Minister shall
send the Police Complaints Authority a memorandum, signed by him or her and
stating whether he or she intends to prefer disciplinary charges in respect of
the matter which was the subject of the investigation and, if not, his or her
reasons for not doing so.
(2) In
a case where no disciplinary charge is preferred against the Officer concerned,
no reference to the case shall be made on the Officer’s personal record.
17 Powers of Police Complaints Authority as to disciplinary charges
(1) Where
the Minister does not propose to prefer disciplinary charges, the Police
Complaints Authority may recommend the Minister to prefer such disciplinary
charges as it may specify.
(2) Subject
to paragraph (6), the Minister shall not withdraw charges under Regulation 18
which he or she has preferred in accordance with a recommendation under paragraph (1).
(3) If,
after the Police Complaints Authority has made a recommendation under paragraph (1)
and consulted the Minister, he or she is still unwilling to prefer such charges
as the Police Complaints Authority considers appropriate, it may direct him or
her to prefer such charges as it may specify.
(4) Where
the Police Complaints Authority gives the Minister a direction under paragraph (3),
it shall furnish the Minister with a written statement of its reasons for doing
so.
(5) Subject
to paragraph (6), it shall be the duty of the Minister to prefer and
proceed with charges specified in a direction given under paragraph (3).
(6) The
Police Complaints Authority may give the Minister leave not to prefer or
proceed with charges which otherwise the Minister would be obliged to prefer or
proceed with under this Regulation.
(7) The
Police Complaints Authority may request the Minister to furnish it with such
information as it may reasonably require for the purpose of discharging its
functions under this Regulation and the Minister shall comply with any such
request.
18 Withdrawal of
disciplinary charge
(1) At
any time before the beginning of a disciplinary hearing, the Minister may
direct that any disciplinary charge preferred be withdrawn, unless the Minister
has a duty to proceed with it under Regulation 17(2) or (5).
(2) The
Minister shall give the Officer concerned written notice of the withdrawal of a
disciplinary charge.
(3) In
a case where all disciplinary charges are withdrawn, no reference to the case shall
be made on the personal record of the Officer concerned.
19 Notice of
decision to prefer disciplinary charge and appointment of
tribunal
(1) Where
the Minister decides or is required to prefer a disciplinary charge against an
Officer concerned the Minister shall notify the Chairman of the Police
Authority who shall appoint a tribunal to hear the disciplinary charge or
nominate a member of the Police Authority make such an appointment.
(2) The
Chairman of the Police Authority shall ensure that, as soon as is reasonably practicable,
the Officer concerned is given written notice specifying the conduct which it
is alleged constituted an offence against discipline and the paragraph of the
Discipline Code in respect of which that offence is alleged to have been
committed.
(3) Not
less than 21 days before the date of the disciplinary hearing, the
Chairman of the Police Authority shall ensure that the Officer concerned is
supplied with copies of the documents specified in paragraph (4).
(4) Those
documents are –
(a) any
written statement that the Officer concerned may have made to the investigating
officer;
(b) an
account of any verbal statement the Officer concerned may have made to the
investigating officer; and
(c) any
other relevant statement, document or other material obtained during the course
of the investigation, other than the report of the investigating officer
prepared pursuant to Regulation 14.
20 Notice of
disciplinary hearing
(1) Subject
to Regulation 22, the Chairman of the Police Authority shall give the Officer
concerned not less than 21 days’ written notice of the time, date
and place of the disciplinary hearing.
(2) The
Chairman of the Police Authority shall, at the same time as giving written
notice under paragraph (1), give the Officer concerned written notice of –
(a) the
opportunity to elect to be legally represented at the hearing; and
(b) the
effect of Regulations 25 and 33(7).
21 Procedure on
receipt of notice
(1) The
Officer concerned shall be invited to state in writing, within 14 days of
the date on which the last of the documents to be supplied to the Officer pursuant
to Regulation 19(3) has been so supplied –
(a) whether
the Officer accepts that he or she has committed an offence against discipline;
(b) whether
the Officer wishes to be legally represented at the disciplinary hearing; and
(c) whether
the Officer proposes to call any witnesses at the hearing and the names and
addresses of any such witnesses whose attendance the Officer concerned wishes the
Chairman of the Police Authority to secure.
(2) Where,
pursuant to paragraph (1)(c), the Officer concerned states that the Officer
wishes the Chairman of the Police Authority to secure the attendance of
witnesses the Chairman of the Police Authority shall –
(a) order
any witness who is a member of the Force to attend the disciplinary hearing;
and
(b) cause
any other witness to be given due notice that their attendance is desired and
of the time and place of the hearing.
(3) Nothing
in this Regulation shall require a disciplinary hearing to be adjourned where a
witness is unable or unwilling to attend the hearing.
22 Advancement of
disciplinary hearing date
Notwithstanding Regulation 20(1), a disciplinary hearing may
take place less than 21 days after notice is given if the Chairman of the
Police Authority considers it appropriate in the circumstances, where –
(a) at
the time the Officer concerned receives notice pursuant to Regulation 19(2),
the Officer is detained pursuant to a sentence of a court in a prison; and
(b) having
been supplied with the documents required by Regulation 19(3), the Officer
concerned does not elect to be legally represented at the hearing.
23 Documents to be
given to the Officer concerned
(1) Where
the Officer concerned accepts, in accordance with Regulation 21(1), that
he or she has committed an offence against discipline, the Chairman of the
Police Authority shall cause a summary of the facts of the case to be prepared
and a copy of it given to the Officer concerned at least 14 days before
the disciplinary hearing.
(2) If
the Officer concerned does not agree the summary of facts, the Officer may give
a response within 7 days of receipt of the copy of the summary.
(3) Where
the Officer concerned does not accept that he or she has committed an offence
against discipline, no summary of facts shall be prepared.
24 Documents to be
supplied to tribunal
The Chairman of the Police Authority shall supply the tribunal with –
(a) a
copy of the notice given under Regulation 19(2); and
(b) where
a summary of facts has been prepared under Regulation 23, a copy of that
summary and of any response from the Officer concerned.
25 Representation at
disciplinary hearing
(1) Where
the Officer concerned has chosen not to be legally represented, the case
against the Officer shall be presented by the Minister or by a police officer
from some other force provided by the chief officer of that force for the
purpose or by a retired police officer from some other force.
(2) Where
the Officer concerned has given notice in accordance with Regulation 21 that
he or she wishes to be legally represented, the case against the Officer may be
presented in accordance with paragraph (1) or by a legal representative.
(3) The
Officer concerned may conduct his or her case in person.
(4) Where
the Officer concerned has chosen to be legally represented the Officer may be
represented at the disciplinary hearing by his or her legal representative.
(5) Where
the Officer concerned has chosen not to be legally represented the Officer may
be represented at the disciplinary hearing by a police officer or retired
police officer from some other force or, with the agreement of the Chairman of
the Police Authority, another person who is not an interested party.
(6) The
Minister or Officer concerned may require any member of the Force to give him
or her such assistance as is reasonably necessary or expedient for the purpose
of enabling a police officer or retired police officer from some other force to
present the case under paragraph (1) or make representations under paragraph (5),
as the case may be, and any member of the Force required to give such
assistance shall do so.
26 Adjournments
The tribunal may from time to time adjourn a disciplinary hearing if
it appears to be necessary or expedient to do so for the due hearing of the
case.
27 Attendance of Officer
concerned at disciplinary hearing
(1) The
Minister shall order the Officer concerned to attend the disciplinary hearing.
(2) If
the Officer concerned fails to attend the disciplinary hearing, it may be
proceeded with and concluded in the Officer’s absence.
(3) Where
the Officer concerned informs the tribunal in advance that the Officer is
unable to attend due to ill-health or some other unavoidable reason, the
disciplinary hearing may be adjourned.
(4) Where,
owing to the absence of the Officer concerned, it is impossible to comply with
any of the procedures set out in these Regulations, that procedure shall be
dispensed with.
28 Attendance of
complainant at disciplinary hearing
(1) This
Regulation applies where the disciplinary charge being heard arises from a
complaint.
(2) Subject
to paragraph (3), the complainant shall be allowed to attend the
disciplinary hearing and may, at the discretion of the tribunal, be accompanied
by a personal friend or relative.
(3) Where
the complainant or any person allowed to accompany the complainant is called as
a witness at the disciplinary hearing, the complainant and any accompanying
person shall not be allowed to attend before he or she gives his or her
evidence.
(4) Where
the Officer concerned gives evidence then, after the person presenting the case
has had an opportunity of cross-examining the Officer, the tribunal shall put
to the Officer concerned any questions which the complainant requests should be
so put and might have been properly so put by the person presenting the case,
or at the tribunal’s discretion, may allow the complainant to put such
questions to the Officer concerned.
(5) Except
as provided in paragraph (4), the complainant and any person allowed to
accompany the complainant shall neither intervene in, nor interrupt, the
disciplinary hearing and, if the complainant or such person behaves in a
disorderly or abusive manner or otherwise misconducts himself or herself, the tribunal
may exclude the complainant or such person from the remainder of the hearing.
29 Attendance of
others at disciplinary hearing
(1) Except
as provided in Regulation 28 and this Regulation, a disciplinary hearing
shall be in private.
(2) The
following persons shall be entitled to attend the hearing of a disciplinary
charge –
(a) a
person appointed under Regulation 2(5) for the purpose of exercising his
or her functions of advising the tribunal; and
(b) a member
of the Police Complaints Authority.
(3) The
Officer concerned may be accompanied at the hearing by any person other than an
interested party.
(4) The
tribunal may allow witnesses to be accompanied at the hearing by a personal
friend or relative.
(5) In
addition to any other person mentioned in this Regulation, the tribunal may
allow such persons as the tribunal considers desirable to attend the whole or
such part of the disciplinary hearing as the tribunal may think fit, subject to
the consent of the Officer concerned and the person presenting the case against
the Officer.
30 Exclusion of
public from disciplinary hearing
Where it appears to the tribunal that a witness may, in giving
evidence, disclose information which, in the public interest, ought not to be
disclosed to a member of the public, the tribunal shall require any member of
the public, including the complainant and any person allowed to accompany the
complainant or any witness, to withdraw whilst the evidence is given.
31 Evidence at
disciplinary hearing
(1) The
tribunal shall determine any question as to whether any evidence is admissible
and as to whether any question should or should not be put to a witness.
(2) With
the consent of the Officer concerned, the tribunal may allow any document to be
adduced in evidence during the disciplinary hearing notwithstanding that a copy
of it has not been supplied to the Officer concerned in accordance with Regulation 19(3).
32 Record of
disciplinary hearing
The tribunal at a disciplinary hearing shall –
(a) ensure
that a verbatim record of the proceedings at the hearing is taken; and
(b) if
the Officer concerned so requests within the time limit for any appeal
specified in Regulation 36(2) give the member a transcript of the record
or a copy of it.
33 Finding of
disciplinary hearing and subsequent action if disciplinary offence
proven
(1) The
tribunal shall review the facts of the case and decide whether or not the
Officer concerned is guilty of the disciplinary offence with which he or she is
charged, but shall not find the Officer guilty unless –
(a) the
Officer has admitted the offence; or
(b) the
case is proved by the person presenting it on the balance of probabilities.
(2) The
tribunal shall report to the Minister and, at the same time, notify the Officer
whether it finds the Officer concerned has committed a disciplinary offence
and, if so, which, if any, of the following punishments it recommends should be
imposed on the Officer –
(a) dismissal
from the Force;
(b) requirement
to resign from the Force as an alternative to dismissal, taking effect either
forthwith or on such date as may be specified in the recommendation;
(c) reduction
in rate of pay;
(d) fine;
(e) reprimand.
(3) The
Minister shall consider what punishment to impose, if any, following
consideration of the tribunal’s report and may decide to impose on the
Officer concerned any punishment specified in paragraph (2) provided that
punishment is not more severe than the punishment recommended by the tribunal.
(4) Within
3 days of receiving the tribunal’s report under paragraph (2),
the Minister shall notify the Officer concerned in writing of his or her decision
under paragraph (3) and shall include, with that notice –
(a) a
summary of the reasons for the decision; and
(b) a
copy of the tribunal’s report and recommendation.
(5) Any
punishment imposed by the Minister described in paragraph (2)(a), (c), (d)
or (e) shall have immediate effect from the date of the Minister’s notice
under paragraph (4).
(6) If
the Minister imposes a punishment requiring the Officer to resign with effect
from a date that is later than the date of the Minister’s notice, the
Officer shall be suspended until the date that the resignation takes effect.
(7) An
Officer may not be dismissed or required to resign upon a finding that the
Officer has committed a disciplinary offence unless the Officer has been given
an opportunity to elect to be legally represented at the disciplinary hearing.
(8) The
Officer concerned may be dismissed or required to resign under this Regulation without
the Officer having been legally represented if the Officer –
(a) fails
without reasonable cause to give notice in accordance with these Regulations that
the Officer wishes to be legally represented;
(b) gives
notice in accordance with these Regulations that the Officer does not wish to
be legally represented; or
(c) gives
notice in accordance with these Regulations that the Officer wishes to be
legally represented but, at any time, withdraws such notice.
(9) Any
decision of a tribunal taken under this Regulation shall not indicate whether
it was taken unanimously or by a majority.
34 Personal record
to be considered before punishment imposed
Where the tribunal is considering the question of what, if any,
punishment it recommends should be imposed on the Officer, the tribunal –
(a) shall
have regard to the record of service in the Force of the Officer concerned, as
shown on the Officer’s personal record;
(b) may
receive evidence from any person whose evidence, in the opinion of the tribunal
or, in the opinion of the Officer concerned, would assist in determining the
question; and
(c) shall
give the Officer concerned or his or her representative an opportunity to make
oral or, if appropriate, written representations concerning the question or to
adduce evidence relevant to it.
35 Records of
disciplinary proceedings
(1) The
Minister shall maintain a record of disciplinary proceedings brought against each
Officer.
(2) The
Minister shall enter every case brought against an Officer in the record,
together with the finding on the case and a record of the decision in any
further proceedings in connection with the case.
36 Appeals
(1) An
Officer who is found guilty of a disciplinary charge may appeal against either
or both of the following –
(a) the
decision on the disciplinary charge; and
(b) the
punishment imposed,
on the ground that that the decision or punishment, as the case may
be, is unreasonable in all the circumstances of the case.
(2) An
appeal may be made to the Royal Court within the period of 21 days
beginning with the date of the Minister’s notice of decision under Regulation 33(4).
(3) The
Royal Court may, where it is satisfied on the application of the Officer that
by reason of the special circumstances of the case it is just and right so to
do, extend the period within which an appeal may be made.
(4) The
Royal Court may –
(a) allow
the appeal;
(b) dismiss
the appeal; or
(c) subject
to paragraph (5), substitute some other punishment.
(5) The
Royal Court may not substitute another punishment unless it appears that –
(a) the
Minister could have imposed it; and
(b) it
is less severe than the punishment imposed by the Minister.
(6) Subject
to paragraph (7), all the costs and expenses of an appeal under this Regulation,
including the costs of the parties, shall be defrayed out of the annual income of
the States.
(7) The
Royal Court may direct the Officer concerned to pay the whole or any part of
the Officer’s own costs.
37 Personal record
of the Officer
If the Officer concerned so requests –
(a) a
punishment of a fine or reprimand shall be expunged from the Officer’s
personal record after 3 years have elapsed free from any punishment imposed
after disciplinary proceedings; or
(b) a
punishment of reduction in the rate of pay shall be expunged from the
Officer’s person record after 5 years have elapsed free from any
punishment imposed after disciplinary proceedings.
part 4
closing
38 Citation
and commencement
These Regulations may be cited as the States of Jersey Police Force
(Chief Officer and Deputy Chief Officer) (Jersey) Regulations 2017 and
shall come into force 7 days after the day they are made.
l.-m. hart
Deputy Greffier of the States