POLICE (COMPLAINTS AND DISCIPLINE
PROCEDURE) (JERSEY) ORDER 2000
____________
ARRANGEMENT OF
ARTICLES
Preliminary
1. Interpretation
2. Discipline
Code and offences against discipline
3. Informal
resolution of complaints
4. Suspension
5. Conduct of investigations
where there are outstanding criminal proceedings
Formal investigation of complaints and other
matters
6. Appointment
of officer to investigate report or allegation
7. Notice
of investigation of complaint, report or allegation
8. Report
on investigation
9. Procedure
on receipt of investigating officer’s report
10. Withdrawal
of disciplinary charge
Disciplinary hearings
11. Limitation
on punishments
12. Notice
of decision to prefer disciplinary charge
13. Notice
of disciplinary hearing
14. Procedure
on receipt of notice
15. Advancement
of disciplinary hearing date
16. Hearing of disciplinary
charges preferred otherwise than at the direction of the Authority
17. Documents to be given to
member concerned
18. Documents to be supplied
to presiding authority
19. Representation at
disciplinary hearing
20. Conduct of disciplinary
hearing
21. Procedure
at disciplinary hearing
22. Attendance
of member concerned at disciplinary hearing
23. Attendance
of complainant at disciplinary hearing
24. Attendance
of others at disciplinary hearing
25. Exclusion
of public from disciplinary hearing
26. Evidence
at disciplinary hearing
27. Remission
or return of hearing of disciplinary charge
28. Record
of disciplinary hearing
29. Punishments
30. Personal
record to be considered before punishment imposed
31. Notification
of finding
32. Records
of disciplinary proceedings
Appeals
33. Initiation
of appeal
34. Procedure
on notice of appeal
35. Procedure
at appeal hearing
36. Appeal
hearing to be in private
37. Evidence
at appeal hearing
38. Attendance
of complainant at appeal hearing
39. Determination
of appeal without hearing
40. Statement
of panel’s decision
41. Effect
of decision on appeal
Supplemental
42. Personal record of member concerned
43. Delegation
44. Administration for panel
45. Revocations
46. Citation and commencement
SCHEDULE 1 - Discipline
Code
SCHEDULE 2 - Enactments
revoked
Police (Complaints and Discipline) (Jersey)
Law 1999
____________
POLICE
(COMPLAINTS AND DISCIPLINE PROCEDURE) (JERSEY) ORDER 2000
____________
THE
HOME AFFAIRS COMMITTEE, in pursuance of Article 15 of the Police
(Complaints and Discipline) (Jersey) Law 1999
orders as follows -
Preliminary
Interpretation
1.-(1) In this Order, unless the context requires otherwise
-
“appointed officer”
means the member of the Force or police officer from some other force appointed
under Article 7(2) of the Law
to seek to resolve a complaint informally or, if no appointment is made, the
Chief Officer;
“chairman of the panel”
means the Jurat appointed as such pursuant to Article 33(5);
“Code” means the
Discipline Code referred to in Article 2;
“complainant” means
the person by or on whose behalf a complaint is submitted;
“complaint” has the
same meaning as in Article 3 of the Law;
“interested party”
means a witness or any person involved in the conduct which is the subject of
the case or who otherwise has a direct interest in the case;
“investigating
officer” means -
(a) in relation to a complaint, the member of
the Force or police officer from some other force appointed pursuant to Article
7(4) of the Law;
and
(b) in relation to a report or allegation, the
member of the Force or police officer from some other force appointed pursuant
to Article 6 of this Order;
“Law” means the Police
(Complaints and Discipline) (Jersey) Law 1999
as amended from time to time;
“member concerned”
means a member of the Force or port control officer in relation to whose
conduct there has been a complaint, report or allegation;
“member of the Force”
does not include the Chief Officer or Deputy Chief Officer;
“original hearing”
means, in relation to an appeal, the hearing of the disciplinary charge at the
conclusion of which the appellant was found guilty of an offence against
discipline;
“panel”, in relation
to an appeal, means the panel set up by the Bailiff pursuant to Article 14(2)
of the Law;
“presiding authority”
means, in relation to a hearing of a disciplinary charge preferred at the
direction of the Authority, the tribunal and, in relation to any other hearing
of a disciplinary charge, the Chief Officer or the chief officer of some other
force to whom the case is remitted pursuant to Article 27;
“presiding officer”
means, in relation to a hearing of a disciplinary charge preferred at the
direction of the Authority, the chairman of the tribunal and, in relation to
any other hearing of a disciplinary charge, the Chief Officer or the chief
officer of some other force to whom the case is remitted pursuant to Article
27;
“prison” has the same
meaning as in the Prison (Jersey) Law 1957, as amended;
“tribunal” means a
tribunal constituted pursuant to Article 13(1) of the Law
to hear a disciplinary charge preferred at the direction of the Authority.
(2) Any reference in this Order to a report or allegation or to a
report and allegation does not include a complaint.
(3) A reference in this Order to an Article by number only is a
reference to the Article of that number in this Order.
(4) A reference in an Article or other division of this Order to a
paragraph, sub-paragraph or clause by number or letter only is a reference to
the paragraph, sub-paragraph or clause of that number or letter contained in
the Article or other division of this Order in which that reference occurs.
Discipline Code and offences against discipline
2.-(1) The Discipline Code
in Schedule 1 to this Order shall have effect.
(2) A member of the Force or port control officer commits an offence
against discipline if his conduct does not meet the standard set out in the
Code.
Informal resolution of complaints
3.-(1) For the purpose of informally resolving a
complaint, the appointed officer shall, as soon as practicable -
(a) seek the views of the complainant and the member concerned about
the matter; and
(b) subject to paragraphs (3) and (4), take such other steps as may
appear to him to be appropriate.
(2) Without prejudice to paragraph (1), the member concerned shall
be given the opportunity to respond to the complaint, at his option, orally or
in writing.
(3) Where, having obtained the views of the complainant and the
member concerned, it appears to the appointed officer that the complaint had in
fact been satisfactorily dealt with at the time it was brought to his notice,
he may treat it as having been informally resolved.
(4) The appointed officer shall not, for the purpose of informally
resolving a complaint, tender an apology on behalf of the member concerned
unless he has admitted the conduct in question.
(5) Upon resolving a complaint informally, the appointed officer
shall record the outcome in writing and, where he is not the Chief Officer,
give a copy of the record to the Chief Officer.
Suspension
4.-(1) Where -
(a) a member of the Force or port control officer has been charged
with a criminal offence; or
(b) there has been a complaint, report or allegation which indicates
that a member of the Force or port control officer may have committed an
offence against discipline, whether or not it has been investigated,
the Chief Officer
may suspend him, in the case of a member of the Force, from membership of the
Force and from his office of constable or, in the case of a port control
officer, from his appointment to the Port Control Unit.
(2) The Chief Officer may exercise the power to suspend the member
concerned under this Article at any time from the time when the member is
charged with a criminal offence or the time the Chief Officer receives the
complaint, report or allegation until -
(a) he decides not to prefer a disciplinary charge in respect of the
conduct which was the subject of the criminal charge, complaint, report or
allegation or directs that all disciplinary charges be withdrawn;
(b) the member concerned has been charged with an offence against
discipline and all such charges against him have been dismissed;
(c) the time limit for appeal against the decision finding the
member concerned guilty of an offence against discipline has expired; or
(d) a decision has been made on an appeal against that finding or
the punishment imposed in respect of it.
(3) Where the member concerned is suspended under this Article, he
shall be suspended until whichever occurs first of one of the events described
in paragraph (2)(a) to (d) or a decision of the Chief Officer to end the
suspension.
(4) Where the member concerned is suspended under this Article he
may not, without the consent of the Chief Officer, give notice of resignation
under the 1974 Order or the 1983 Order, as the case may be, nor resign under
notice previously given.
(5) Where the member concerned who is suspended is required to
resign under Article 29, he shall remain suspended during the period of his
notice.
(6) Where the member concerned is suspended under this Article, he
shall not, by virtue of the 1974 Order or the 1983 Order, as the case may be,
be entitled to any allowance in respect of the period of suspension.
(7) Subject to paragraph (8), where the member concerned is
suspended under this Article, he shall not be entitled to pay in respect of any
period when -
(a) he is detained in pursuance of a sentence of a court in a prison
or other institution to which the Prison (Jersey) Law 1957, as amended,
applies or is in custody (whether in prison or elsewhere) between conviction by
a court and sentence; or
(b) he has absented himself from duty and his whereabouts are
unknown to the Chief Officer.
(8) Where the member concerned returns to duty following his suspension under this Article
and -
(a) it has been decided that he shall not be charged with a
disciplinary offence;
(b) he has been so charged and all the charges have been withdrawn
or dismissed; or
(c) he has been found guilty of an offence against discipline and
punished by a reduction in rate of pay or by a fine, reprimand or caution,
he shall receive, as
from the date of his suspension, the pay to which, but for paragraph (7), he
would have been entitled.
(9) In this Article, “1974 Order” means the Police Force (General
Provisions) (Jersey) Order 1974,
as amended,
and “1983 Order” means the Port Control Unit (General Provisions) (Jersey)
Order 1983.
Conduct
of investigations where there are outstanding criminal proceedings
5. Where there are
criminal proceedings outstanding against the member concerned which relate to
conduct which is the subject of a complaint, report or allegation, no
proceedings shall take place under this Order in respect of the complaint,
report or allegation, except the exercise of the power to suspend under Article
4, unless the Chief Officer believes that, in the exceptional circumstances of
the case, it would be appropriate for them to take place.
Formal
investigation of complaints and other matters
Appointment
of officer to investigate report or allegation
6.-(1) Where the Chief Officer receives a report or
allegation which indicates that a member of the Force or port control officer
may have committed an offence against discipline, he may appoint a member of
the Force or police officer from some other force to investigate the case.
(2) The Chief Officer may ask the chief officer of some other force
to provide a police officer of his force for appointment under this Article.
(3) No officer may be appointed under this Article unless he
is -
(a) of at least the rank of inspector; and
(b) of at least the rank of the member concerned.
(4) This Article is subject to the powers of the Authority to
approve the appointment of an investigating officer pursuant to Article 9 of
the Law.
Notice
of investigation of complaint, report or allegation
7. The investigating
officer shall, as soon as is practicable (without prejudicing his or any other
investigation of the matter) cause the member concerned to be given written
notice -
(a) that there is to be an investigation into the case;
(b) of the nature of the complaint, report or allegation;
(c) informing him that he is not obliged to say anything concerning
the matter, but that he may, if he so desires, make a written or oral statement
concerning the matter to the investigating officer or to the Chief Officer;
(d) informing him that if he makes such a statement it may be used
in any subsequent proceedings under this Order;
(e) informing him that he has the right to seek advice from his
staff association; and
(f) informing him that he has the right to be accompanied by any
person other than an interested party, to any meeting, interview or hearing.
Report on investigation
8. At the end of an
investigation, the investigating officer shall -
(a) in the case of an investigation supervised by the Authority,
give a written report to the Authority and send a copy of the report to the
Chief Officer and, in the case of a criminal allegation, to the Attorney
General;
(b) in the case of an investigation which is not so supervised, give
a written report to the Chief Officer.
Procedure
on receipt of investigating officer’s report
9.-(1) The Chief Officer shall consider whether a
disciplinary charge shall be preferred against the member concerned -
(a) in the case of a supervised investigation, after Article 11(1)
and (2) of the Law
have been complied with and any criminal proceedings are concluded; or
(b) in the case of an unsupervised investigation, after he has
received the investigating officer’s report and either the Attorney General has
informed him that criminal proceedings will not be initiated or such
proceedings are concluded.
(2) The Chief Officer shall, in any case, prefer a disciplinary
charge where the member concerned has received 2 written warnings about his
conduct within the previous 12 months and, in a statement made under Article 7,
has admitted that he has committed an offence against discipline.
(3) In a case where no disciplinary charge is preferred against the
member concerned, no reference to the case shall be made on his personal
record.
Withdrawal of disciplinary charge
10.-(1) At any time before the beginning of a
disciplinary hearing, the Chief Officer may direct that any disciplinary charge
preferred be withdrawn, unless he has a duty to proceed with it under Article
12(2) or (5) of the Law.
(2) The Chief Officer shall give the member 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 member
concerned.
Disciplinary
hearings
Limitation
on punishments
11.-(1) No punishment of a kind described in Article 29
shall be imposed on a member of the Force or port control officer otherwise
than upon a finding at a disciplinary hearing that he is guilty of an offence
against discipline.
(2) A member of the Force or port control officer may not be
dismissed, required to resign or reduced in rank upon a finding described in
paragraph (1) unless he has been given an opportunity to elect to be legally
represented by an advocate or solicitor at the disciplinary hearing.
Notice of decision to prefer disciplinary
charge
12.-(1) Where the Chief Officer decides or is required
to prefer a disciplinary charge he shall ensure that -
(a) as soon as practicable, the member concerned is given written
notice of the decision complying with paragraph (2); and
(b) not less than 21 days before the date of the disciplinary
hearing, the member concerned is supplied with the copies of documents required
by paragraph (3).
(2) Written notice of a decision shall specify the conduct which it
is alleged constituted an offence against discipline and the paragraph of the
Code in respect of which that offence is alleged to have been committed.
(3) The documents of which copies are to be supplied to the member
concerned are -
(a) any written statement he may have made to the investigating
officer;
(b) an account of any verbal statement he 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 Article 8.
Notice of disciplinary hearing
13.-(1) The Chief Officer shall give the member
concerned not less than 21 days’ written notice of the time, date and place of
the disciplinary hearing.
(2) The Chief Officer shall, in every case where he is of the
opinion that a disciplinary hearing should have available the punishments of
dismissal, requirement to resign or reduction in rank, give the member
concerned, at the same time as he gives notice pursuant to paragraph (1),
written notice of -
(a) the opportunity to elect to be legally represented at the
hearing; and
(b) the effect of Article 11(2) and Article 19.
Procedure on receipt of notice
14.-(1) The member concerned shall be invited to state
in writing, within 14 days of the date on which he is notified that the last of
the documents to be supplied to him pursuant to Article 12(1)(b) has been so
supplied -
(a) whether or not he accepts that he has committed an offence
against discipline;
(b) in a case where he is given notice pursuant to Article 13(2),
whether he wishes to be legally represented at the disciplinary hearing; and
(c) whether he proposes to call any witnesses to relevant facts at
the hearing and the names and addresses of any such witnesses whose attendance
he wishes the Chief Officer to secure.
(2) Where, pursuant to paragraph (1)(c), the member concerned states
that he wishes the Chief Officer to secure the attendance of witnesses the
Chief Officer shall -
(a) order any witness who is a member of the Force or port control
officer to attend at 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 Article shall require a disciplinary hearing to
be adjourned where a witness is unable or unwilling to attend the hearing.
Advancement of disciplinary hearing date
15. Notwithstanding Article
13(1), a disciplinary hearing may take place less than 21 days after notice is
given pursuant to that provision, if the Chief Officer considers it appropriate
in the circumstances, where -
(a) at the time the member concerned receives notice pursuant to
Article 12(1)(a), he is detained pursuant to a sentence of a court in a prison;
and
(b) having been supplied with the documents required by Article
12(1)(b), the member concerned does not elect to exercise any right to be
legally represented at the hearing.
Hearing of disciplinary charges preferred
otherwise than at the direction of the Authority
16. Subject to Article 27,
a disciplinary charge preferred otherwise than at the direction of the
Authority given under Article 12(3) of the Law
shall be heard by the Chief Officer.
Documents
to be given to member concerned
17.-(1) Where the member concerned accepts, in
accordance with Article 14, that he has committed an offence against discipline
the Chief Officer shall cause a summary of the facts of the case to be prepared
and a copy of it given to the member concerned at least 14 days before the
disciplinary hearing.
(2) If the member concerned does not agree the summary of facts, he
may give a response within 7 days of receipt of the copy of the summary.
(3) Where the member concerned does not accept that he has committed
an offence against discipline, no summary of facts shall be prepared.
Documents
to be supplied to presiding authority
18. The Chief Officer shall
supply the presiding authority with -
(a) a copy of the notice given under Article 12(1); and
(b) where a summary of facts has been prepared under
Article 17, a copy of that summary and of any response from the member
concerned.
Representation at disciplinary hearing
19.-(1) Where the member concerned has not been given an
opportunity to elect to be legally represented or has not so elected, the case
against him shall be presented by a member of the Force, other than the Chief
Officer, or by a police officer from some other force provided by the chief
officer of that force for the purpose.
(2) Where the member concerned has given notice in accordance with
Article 14 that he wishes to be legally represented, the case against him may
be presented by an advocate or solicitor, whether or not the member concerned
is actually so represented.
(3) The member concerned may, in any case, conduct his case in
person.
(4) Where the member concerned has been given an opportunity to
elect to be legally represented and has so elected, he may be represented at
the disciplinary hearing, at his option, by an advocate or solicitor.
(5) Where the member concerned has not been given an opportunity to
elect to be legally represented or has not so elected, he may be represented at
the disciplinary hearing only by another member of the Force or police officer
from some other force.
Conduct of disciplinary hearing
20.-(1) The presiding authority 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.
(2) A decision of a tribunal shall not indicate whether it was taken
unanimously or by a majority.
Procedure at disciplinary hearing
21.-(1) Except as provided by this Order, the procedure
at a disciplinary hearing shall be determined by the presiding authority.
(2) The presiding authority shall review the facts of the case and
decide whether or not the member concerned is guilty of the offence against
discipline with which he is charged, but shall not find him guilty unless -
(a) he has admitted the offence; or
(b) the case is proved by the person presenting it on the balance of
probabilities.
(3) Where the member concerned is found guilty of an offence against
discipline, the Chief Officer or, in accordance with Article 13(4) of the Law,
the chairman of the tribunal after consultation with the other members of the
tribunal, as the case may be, shall determine whether, in all the
circumstances, it would be reasonable to impose any punishment and, if so, what
that punishment should be.
Attendance of member concerned at
disciplinary hearing
22.-(1) The Chief Officer shall order the member
concerned to attend the disciplinary hearing.
(2) If the member concerned fails to attend the disciplinary
hearing, it may be proceeded with and concluded in his absence.
(3) Where the member concerned informs the presiding authority in
advance that he 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 member concerned, it is
impossible to comply with any of the procedures set out in this Order, that
procedure shall be dispensed with.
Attendance of complainant at disciplinary
hearing
23.-(1) This Article 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 presiding
authority, be accompanied by a personal friend or relative.
(3) Where the complainant or any person allowed to accompany him is
called as a witness at the disciplinary hearing, he and any person allowed to
accompany him shall not be allowed to attend before he gives his evidence.
(4) Where the member concerned gives evidence then, after the person
presenting the case has had an opportunity of cross-examining him, the
presiding officer shall put to the member 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 presiding officer’s discretion, may
allow the complainant to put such questions to the member concerned.
(5) Except as provided in paragraph (4), the complainant and any
person allowed to accompany him shall neither intervene in, nor interrupt, the
disciplinary hearing and, if he or such person behaves in a disorderly or
abusive manner or otherwise misconducts himself, the presiding officer may
exclude him from the remainder of the hearing.
Attendance of others at disciplinary
hearing
24.-(1) Except as provided in Article 23 and the following
paragraphs of this Article, a disciplinary hearing shall be in private.
(2) The presiding officer may allow any advocate, solicitor or other
such persons as he considers desirable to attend the whole or such part of the
disciplinary hearing as he may think fit, subject to the consent of the member
concerned and the person presenting the case against him.
(3) Any member of the Authority shall be entitled to attend the
hearing of a disciplinary charge which arises from a complaint or from any investigation
supervised by the Authority pursuant to Article 9 of the Law.
(4) The member concerned may be accompanied at the hearing by any
person other than an interested party.
(5) The presiding officer may allow witnesses to be accompanied at
the hearing by a personal friend or relative.
Exclusion of public from disciplinary
hearing
25. Where it appears to the
presiding officer 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, he shall require any member of the public, including the complainant
and any person allowed to accompany the complainant or any witness, to withdraw
while the evidence is given.
Evidence at disciplinary hearing
26.-(1) The presiding authority 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 member concerned, the presiding
authority 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 member concerned in accordance with Article 12(1).
Remission or return of hearing of
disciplinary charge
27.-(1) The presiding officer shall remit the
disciplinary hearing of a case to the chief officer of some other force who, at
his request, has agreed to act as the presiding officer in the matter -
(a) if the presiding officer is an interested party otherwise than
in his capacity as such; or
(b) if -
(i) there would not be available, on a finding
that the member concerned is guilty of an offence against discipline, any of
the punishments referred to in Article 13(2), because the member concerned was
not given notice of the opportunity to elect to be legally represented at the
hearing, and
(ii) it appears to the presiding officer that
those punishments ought to be available and, accordingly, that it would be
desirable for there to be another hearing at which the member concerned could,
if he so wished, be so represented.
(2) The presiding officer may remit the disciplinary hearing of a
case in the manner described in paragraph (1) if, either before or during the
hearing, he considers remission appropriate.
(3) Where a case is remitted pursuant to paragraph (1)(b), the
presiding officer -
(a) shall cause written notice to be given to the member concerned
inviting him to elect, within 14 days of receipt of the notice, to be legally
represented at the disciplinary hearing before the officer to whom the case is
remitted; and
(b) shall not give to the officer to whom the case is remitted any
indication of his assessment of the case or of the punishment which might be
imposed.
Record of disciplinary hearing
28. The presiding officer at a disciplinary
hearing shall -
(a) ensure that a verbatim record of the proceedings at the hearing
is taken; and
(b) if the member concerned so requests within the time limit for
any appeal specified in Article 14(3) of the Law
and after he has given notice of appeal in accordance with Article 33 of this
Order, give him a transcript of the record or a copy of it.
Punishments
29.-(1) Subject
to Article 11 and, in the case of the hearing of a disciplinary charge
preferred at the direction of the Authority, the requirement for consultation
in Article 13(4) of the Law,
the presiding officer may impose any of the following punishments, that is to
say -
(a) dismissal from the Force or Port Control Unit;
(b) requirement to resign from the Force or Port Control Unit, as an
alternative to dismissal, taking effect either forthwith or on such date as may
be specified in the decision;
(c) reduction in rank;
(d) reduction in rate of pay;
(e) fine;
(f) reprimand;
(g) caution.
(2) Any punishment imposed under paragraph (1), except a requirement
to resign, shall have immediate effect.
(3) The member concerned may be dismissed, required to resign or
reduced in rank without his being legally represented if he -
(a) fails without reasonable cause to give notice in accordance with
this Order that he wishes to be legally represented;
(b) gives notice in accordance with this Order that he does not wish
to be legally represented; or
(c) gives notice in accordance with this Order that he wishes to be
legally represented but, at any time, withdraws such notice.
(4) A reduction in rate of pay imposed under paragraph (1) shall not
be such as to reduce the member’s rate of pay below the minimum of the scale of
pay for his rank in the Force or Port Control Unit.
(5) A fine imposed under paragraph (1) shall be such that, if it
were recovered by way of deductions from the pay of the member concerned during
the period of 13 weeks following the imposition of the punishment, the
aggregate sum which might be so deducted in respect of any one week (whether on
account of one or more fines) would not exceed one seventh of his weekly pay.
Personal
record to be considered before punishment imposed
30. Where the question of
the punishment to be imposed is being considered -
(a) the presiding officer and, in the case of the hearing of a
disciplinary charge preferred at the direction of the Authority, the other
members of the tribunal -
(i) shall have regard to the record of service
in the Force or Port Control Unit of the member concerned, as shown on his
personal record, and
(ii) may receive evidence from any witness whose
evidence, in the opinion of the presiding officer and, as the case may be,
those members or, in the opinion of the member concerned, would assist in
determining the question; and
(b) the member concerned or his representative shall be given an
opportunity to make oral or, if appropriate, written representations concerning
the question or to adduce evidence relevant to it.
Notification of finding
31.-(1) At the conclusion of a disciplinary hearing, the
presiding officer shall inform the member concerned orally of the decision on
the disciplinary charge and of any punishment imposed.
(2) The presiding officer shall, within the 3 days following the
conclusion of the disciplinary hearing, cause the member concerned to be given
written notice of the decision and any punishment imposed and a summary of the
reasons for them.
Records of disciplinary proceedings
32.-(1) The
Chief Officer shall maintain a book of record of disciplinary proceedings
brought against members of the Force and port control officers.
(2) The Chief Officer shall enter every case brought against a
member of the Force or port control officer in the book of record, together
with the finding on the case and a record of the decision in any further
proceedings in connection with the case.
Appeals
Initiation of appeal
33.-(1) An appeal may only be made in accordance with
Article 14 of the Law
and this Order.
(2) The Chief Officer shall be the respondent on an appeal.
(3) Notice of an appeal shall be in writing and given to the
Authority within the time specified in Article 14(3) of the Law
or allowed pursuant to Article 14(4) of the Law22 and a copy of it shall be
given to the respondent.
(4) An application for extension of the period within which an
appeal must be made shall be in writing and made to the Authority and a copy of
it shall be sent to the respondent.
(5) The Bailiff, when setting up a panel pursuant to
Article 14(2) of the Law,22 shall, at the same time, appoint one of the members as
chairman of the panel.
Procedure on notice of appeal
34.-(1) As soon as practicable after receipt of a copy
of a notice of appeal, the respondent shall give the panel -
(a) a copy of the report of the presiding authority who made the
decision appealed against;
(b) a transcript of the proceedings at the original hearing;
(c) any documents which were made available to the presiding authority
at the original hearing.
(2) The respondent shall, at the same time that he gives the
documents described in paragraph (1) to the panel, give a copy of the
transcript of the proceedings at the original hearing to the appellant.
(3) Subject to paragraph (4), the appellant shall, within 28 days of
the date on which he receives the copy of the transcript of the proceedings at
the original hearing, give the panel a statement of the grounds of appeal and
any supporting documents.
(4) The appellant shall, at the same time that he gives the
statement and documents described in paragraph (3) to the panel, give a copy of
them to the respondent.
(5) Where the panel is satisfied, on the written application of the
appellant that, by reason of the special circumstances of the case it is just
and right so to do, it may extend the period referred to in paragraph (3).
(6) The respondent shall, not later than 21 days from the date on
which he receives the copy referred to in paragraph (4), give the panel a
statement of his response to the appeal and any supporting documents.
(7) The respondent shall, at the same time as he complies with
paragraph (6), give the appellant a copy of the statement and supporting
documents (if any).
Procedure at appeal hearing
35.-(1) Where an appeal is to be determined at a
hearing, the chairman of the panel shall cause the appellant and respondent to
be given notice of the date of the hearing not less than 28 days, or such
shorter period as may, with the agreement of both parties, be determined,
before the hearing begins.
(2) Where an appeal hearing is held, the respondent shall have the
same rights to be represented as are afforded to the appellant by Article 14(5)
of the Law.
(3) The panel may proceed with the appeal hearing in the absence of
either party, whether represented or not, if it appears to be just and proper
to do so, and may adjourn it from time to time as may appear necessary for the
due hearing of the case.
(4) Except as provided in this Order, the procedure at an appeal
hearing shall be determined by the panel.
Appeal hearing to be in private
36.-(1) Subject to paragraphs (2) and (4) and Article
39, an appeal hearing shall be held in private.
(2) The panel may allow such person or persons as it considers
desirable to attend the whole or such part of the hearing as it may think fit.
(3) Notwithstanding that the panel has allowed a person to attend
the appeal hearing, where it appears to the panel 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 panel shall require any member of the
public present to withdraw while that evidence is given.
(4) A member of the Authority shall be entitled to attend an appeal
hearing.
Evidence at appeal hearing
37.-(1) The
panel shall determine any question as to whether any evidence is admissible, or
whether any question should or should not be put to a witness.
(2) The panel may require oral evidence to be given on oath.
(3) A panel may admit evidence by way of a written statement made by
a person, notwithstanding that he may not be called as a witness, so, however,
that evidence shall not be admissible under this Article if it would not have
been admissible had it been given orally.
(4) For the purposes of this Article, a written statement purporting
to be made and signed by a person and witnessed by another person shall be
presumed to have been made by that person unless the contrary be shown.
(5) Nothing in this Article shall prejudice the admission of written
evidence which would be admissible apart from this Article.
(6) The chairman of the panel shall either cause a verbatim record
of the evidence given at the appeal hearing to be taken and kept for a period
of not less 7 years from the date of the end of the hearing or cause a
transcription of the record to be made.
Attendance of complainant at appeal hearing
38.-(1) This
Article applies in relation to an appeal hearing where the decision appealed
against arose from a complaint and the appeal is not against punishment only.
(2) The chairman of the panel shall cause notice of the date of the
appeal hearing to be given to the complainant at the same time as it is given
to the appellant and respondent pursuant to Article 35(1).
(3) Subject to paragraphs (4) and (5), the panel shall allow the
complainant to attend the appeal hearing while witnesses are being examined or
cross-examined on the facts alleged and, if the panel considers it appropriate
so to do, on account of the age of the complainant or otherwise, shall allow
him to be accompanied by a personal friend or relative who is not be to called
as a witness at the hearing.
(4) Where the complainant is to be called as a witness at the appeal
hearing, he any person allowed to accompany him shall not be allowed to attend
before he gives his evidence.
(5) Where it appears to the panel 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, it shall require the complainant and any
person allowed to accompany him to withdraw while that evidence is given.
(6) Where the appellant gives evidence, then, after the person
representing the respondent has had an opportunity of cross-examining him, the
chairman of the panel shall put to him any questions which the complainant
requests should be so put and might have been properly so put by way of
cross-examination and, at his discretion, may allow the complainant himself to
put such questions to the appellant.
(7) Except as provided in paragraph (6), the complainant and any
person allowed to accompany him shall neither intervene in nor interrupt the
appeal hearing and, if he or such person should behave in a disorderly or
abusive manner or otherwise misconduct himself, the chairman of the panel may
exclude him from the remainder of the hearing.
Determination of appeal without hearing
39. The panel may, with the agreement of the
appellant and respondent, determine an appeal without a hearing.
Statement
of panel’s decision
40.-(1) The
chairman of the panel shall -
(a) prepare a written statement of the panel’s decision on the
appeal and of the reason for it;
(b) give the statement to the Chairman of the Authority; and
(c) give a copy of the statement to the appellant and respondent.
(2) Where the decision appealed against arose from a complaint, the
Chairman of the Authority shall notify the complainant of the outcome of the
appeal.
Effect of decision on appeal
41.-(1) Where an appeal is allowed the decision of the
panel shall take effect by way of substitution for the decision appealed
against and as from the date of the decision appealed against.
(2) Where the effect of the decision of the panel is to reinstate
the appellant in the Force or Port Control Unit or in his rank, the appellant
shall, for the purpose of reckoning service for pension and, to such extent (if
any) as may be specified in the decision, for the purpose of pay, be deemed to
have served in the Force or in the Port Control Unit or in his rank,
continuously from the date of the decision appealed against to the date of his
reinstatement.
(3) Where the effect of the decision of the panel is to reinstate
the appellant in the Force or Port Control Unit and he was suspended for a
period immediately preceding the date of the decision appealed against, the
decision shall deal with the suspension.
Supplemental
Personal record of member concerned
42.-(1) Where,
at any hearing, the only punishment imposed on a member of the Force or port
control officer is a caution, no reference to the disciplinary charge or
punishment shall be made on his personal record.
(2) If a member of the Force
or port control officer so requests -
(a) a punishment of a fine or reprimand may be expunged from his
personal record after 3 years free from punishment; and
(b) any other punishment, other than a requirement to resign or
dismissal, may be expunged after 5 years free from punishment.
Delegation
43.-(1) Subject to paragraph (2), the Chief Officer may
delegate to the Deputy Chief Officer -
(a) his powers under Articles 4 and 6;
(b) all or any of his duties under this Order to give any notice,
cause any document to be prepared, give a copy of any document to any person or
secure the attendance of any person at a hearing; and
(c) his duties and powers under Articles 9 and 10.
(2) The Chief Officer may not delegate any duty imposed on him by
the Law.
(3) In the event of the absence, incapacity, suspension or vacancy
in the office of the Deputy Chief Officer, any function delegated to him under
paragraph (1) shall be discharged by another member of the Force appointed by
the Chief Officer for the purpose.
Administration for panel
44. The Judicial Greffier
shall be clerk to a panel and, accordingly, any document required to be given
to a panel shall be delivered to him.
Revocations
45.-(1) Subject to paragraph (2), the enactments
specified in column 1 of Schedule 2 to this Order are revoked to the extent
specified in column 2 of that Schedule.
(2) The enactments revoked shall continue to have effect in relation
to conduct which is the subject of a complaint, report or allegation received
before this Order comes into force.
Citation
and commencement
46. This Order may be cited
as the Police (Complaints and Discipline Procedure) (Jersey) Order 2000 and
shall come into force on the first day of January 2001.
By Order of the Home Affairs
Committee,
C.M.
NEWCOMBE
Greffier of the States.
30th November 2000.
SCHEDULE 1
(Article 2(1))
Discipline Code
Interpretation
1. In this Schedule “officers” means
members of the Force and port control officers.
Honesty and integrity
2. It is of paramount importance that
the public has faith in the honesty and integrity of officers. Officers should,
therefore, be open and truthful in their dealings; avoid being improperly
beholden to any person or institution and discharge their duties with
integrity.
Fairness and impartiality
3. Officers have a particular
responsibility to act with fairness and impartiality in all their dealings with
the public and their colleagues.
Politeness and tolerance
4. Officers should treat members of
the public and colleagues with courtesy and respect, avoiding abusive or
deriding attitudes or behaviour. In particular, officers must avoid:
favouritism of an individual or group; all forms of harassment, victimization
or unreasonable discrimination; and overbearing conduct to a colleague,
particularly to one junior in rank or service.
Use of force and abuse of authority
5. Officers must never knowingly use
more force than is reasonable, nor should they abuse their authority.
Performance of duties
6. Officers should be conscientious
and diligent in the performance of their duties. Officers should attend work
promptly when rostered for duty. If absent through sickness or injury, they
should avoid activities likely to retard their return to duty.
Lawful orders
7. The Force is a disciplined body.
Unless there is good and sufficient cause to do otherwise, officers must obey
all lawful orders and abide by the provisions of the Police (Complaints and
Discipline Procedure) (Jersey) Order 2000
and, in the case of a member of the Force, the Police Force (General
Provisions) (Jersey) Order 1974
or, in the case of a port control officer, the Port Control Unit (General
Provisions) (Jersey) 1983.
Officers should support their colleagues in the execution of their lawful
duties, and oppose any improper behaviour, reporting it where appropriate.
Confidentiality
8. Information which comes into the
possession of the Force or Port Control Unit should be treated as confidential.
It should not be used for personal benefit and nor should it be divulged to
other parties except in the proper course of police duty. Similarly, officers
should respect as confidential information about the policy and operations of
the Force or Port Control Unit unless authorized to disclose it in the course
of their duties.
Criminal offences
9. Officers must report any
proceedings for a criminal offence taken against them. Conviction of a criminal
offence may of itself be an offence against discipline.
Property
10. Officers must exercise reasonable
care to prevent loss or damage to property (excluding their own property but
including police property).
Sobriety
11. Whilst on duty, officers must be
sober. Officers should not consume alcohol when on duty unless specifically
authorized to do so or it becomes necessary for the proper discharge of police
duty.
Appearance
12. Unless on duties which dictate
otherwise, officers should always be well turned out, clean and tidy whilst on
duty in uniform or in plain clothes.
General conduct
13. Whether on or off duty, officers
should not behave in a way which is likely to bring discredit upon the Force or
Port Control Unit.
Notes:
(a) The primary duties of those who hold the
office of constable are the protection of life and property, the preservation
of the Queen’s peace, and the prevention and detection of criminal offences. To
fulfil these duties they are granted extraordinary powers; the public and the
Force therefore have a right to expect the highest standards of conduct from
them.
(b) This Code sets out the principles which guide officers’ conduct.
It does not seek to restrict officers’ discretion: rather it aims to define the
parameters of conduct within which that discretion may be exercised. However,
it is important to note that any breach of the principles in this Code may
result in the preferment of disciplinary charges which, if proved, in a serious
case, could involve dismissal.
(c) This Code applies to the conduct of officers in all ranks whilst
on duty, or whilst off duty if the conduct is serious enough to indicate that
an officer is not fit to be such. It will be applied in a reasonable and
objective manner. Due regard will be paid to the degree of negligence or deliberate
fault and to the nature and circumstances of an officer’s conduct. Where
off-duty conduct is in question, this will be measured against the generally
accepted standards of the day.
SCHEDULE 2
(Article 45(1))
Enactments revoked
|
1
|
2
|
|
enactment
|
extent
of revocation
|
|
|
|
|
Police
Force (General Provisions) (Jersey) Order 1974
|
In Article 1, the definition “the discipline
code”.
|
|
|
In Article 8(1), the words “Subject to
paragraph (2) of this Article,”.
|
|
|
Article 8(2).
|
|
|
Articles 23 to 44 and the Schedule.
|
|
Police
Force (General Provisions) (Amendment No. 4) (Jersey) Order 1988
|
Articles 2 to 7.
|
|
Police
Force (General Provisions) (Amendment No. 5) (Jersey) Order 1994
|
The whole Order.
|
|
Port
Control Unit (General Provisions) (Jersey) Order 1983
|
Articles 13 to 30 and the Schedule.
|