Police Procedures
and Criminal Evidence (Codes of Practice) (Amendment) (Jersey) Order 2008
Made 5th June 2008
Coming into force 12th
June 2008
THE MINISTER FOR HOME AFFAIRS, in pursuance of Article 62 of the Police
Procedures and Criminal Evidence (Jersey) Law 2003[1], orders as follows –
1 Interpretation
In this Order, a reference to a Code is to the
Code of that description in the Schedule to the Police Procedures and Criminal
Evidence (Codes of Practice) (Jersey) Order 2004[2].
2 Revised
codes C and E given effect
Codes C and E shall have effect as amended by Articles 3 and 4.
3 Code
C amended
In Code C –
(a) for
paragraph 16.5 there shall be substituted the following paragraphs –
“16.5 The detention of any person for a period
in excess of 24 hours must be authorised by an officer of the rank of Chief
Inspector or above, and the custody record will be endorsed to that effect by
that officer. An officer of the rank of Chief Inspector or above may authorise
a further period of detention of up to 12 hours from the time of the
review and may conduct further reviews and authorise further periods of such
detention. [See Note 16E]
16.6 An officer of the rank of Chief Inspector or above may
only authorise a further period of detention where the case being investigated
is a serious offence and the officer believes that further detention is
necessary in order to secure or preserve evidence, or obtain that evidence by
questioning and that the investigation is being conducted diligently and
expeditiously. At the end of that period any further period of detention must
be authorised based on the same criteria.”;
(b) for
paragraph 16.16 there shall be substituted the following paragraph –
“16.16 A
review may be postponed –
(a) if, having regard to
all the circumstances prevailing at the latest time for it specified above, it
is not practicable to carry out the review at that time;
(b) without prejudice to
the generality of sub-paragraph (a) –
(i) if at that time the person in
detention is being questioned and the review officer is satisfied that an
interruption of the questioning for the purpose of carrying out the review
would prejudice the investigation in connection with which he or she is being
questioned, or
(ii) if at that time no review officer is
readily available.
If a
review is postponed under this paragraph it shall be carried out as soon as
practicable after the latest time specified for it.
If a
review is carried out after such postponement the fact that it was so carried
out shall not affect any requirement of this paragraph as to the time at which
any subsequent review is to be carried out.
The
review officer shall record the reasons for any postponement of a review in the
custody record.”.
4 Code
E amended
In Code E, the second paragraph numbered “4.10” shall be
renumbered “4.11”.
5 Citation
and commencement
This Order may be cited as the Police Procedures and Criminal
Evidence (Codes of Practice) (Amendment) (Jersey) Order 2008 and shall come
into force 7 days after it is made.
senator w. kinnard
Minister for Home Affairs