States of Jersey
Police Force (General Provisions) (Jersey) Order 2016
Made 19th December 2016
Coming into force 26th
December 2016
THE MINISTER FOR HOME AFFAIRS, in pursuance of Articles 10, 13, 32
and 33 of the States of Jersey Police Force Law 2012[1] and after consultation with the
States Employment Board, the Jersey Police Authority, the Chief Officer and the
States of Jersey Police Association, orders as follows –
1 Appointment
(1) A
candidate for appointment to the Force must –
(a) produce
satisfactory references as to character;
(b) have
attained the age of 18 years and 6 months;
(c) on
medical examination be certified to be in good health, of sound constitution
and fitted both physically and mentally to perform the duties of his or her
office after appointment, including having a satisfactory standard of eyesight;
(d) have
such educational and professional qualifications as may be determined by the Minister;
(e) pass
such assessment processes, including written and oral examinations, as may be
determined by the Minister;
(f) give
such information as may be required by the Minister about his or her previous employment
or history or any other matter relevant to his or her appointment to the Force;
and
(g) be
subject to appropriate vetting checks, including the checks relating to fingerprints
and samples referred to in Article 7.
(2) If
a candidate for appointment to the Force has previously served in the police
force, armed forces or civil service of any of the British Islands or has been
a seaman within the meaning of the Shipping (Jersey) Law 2002[2] the candidate must produce
satisfactory evidence of his or her good conduct whilst so serving.
(3) A
notice specifying the terms and conditions of service must be drawn to the
attention of every candidate for appointment to the Force.
2 Duties
A police officer shall –
(a) carry
out all lawful orders; and
(b) at
all times punctually and promptly perform all appointed duties and attend to
all matters within the scope of his or her office.
3 Ranks
The Force shall have the following ranks –
(a) Chief
Officer;
(b) Deputy
Chief Officer;
(c) superintendent;
(d) chief
inspector;
(e) inspector;
(f) sergeant;
(g) constable.
4 Business
interest precluding appointment to the Force
(1) A
candidate is not eligible for appointment to the Force if any of the following
hold a licence granted under the Licensing (Jersey) Law 1974[3] or the Gambling (Jersey) Law 2012[4] or has any pecuniary
interest in any such licence –
(a) the
candidate;
(b) a
wife, husband or civil partner of the candidate or any person living with the
candidate as if he or she were such a person;
(c) any
other member of the candidate’s family who is living with the candidate.
(2) For
the purposes of paragraph (1) there shall be disregarded any residential
licence or off-licence under the Licensing (Jersey) Law 1974[5] held by a person described
in sub-paragraph (b) or (c) of that paragraph.
5 Probation
(1) A
police officer shall be on probation for the first 2 years after his or
her appointment to the Force.
(2) Paragraph (1)
does not apply to a police officer who, immediately before appointment to the
Force, was a member of another police force in the British Islands.
(3) The
Minister may, on the recommendation of the Chief Officer, extend, reduce or
dispense with the period of probation and shall record his or her reasons for
doing so in writing.
(4) Subject
to paragraph (5), the Minister may terminate the appointment of a police
officer at any time during that police officer’s probation if the
Minister considers that the officer is not fitted, physically or mentally, to
perform the duties of his or her office or that he or she is not likely to
become an efficient and effective member of the Force.
(5) A
police officer whose appointment is terminated under paragraph (4) shall
be entitled to receive one month’s notice or one month’s pay in
lieu of such notice.
6 Promotion
(1) The
Minister, on the recommendation of the Chief Officer, may promote any police
officer on permanent or temporary promotion.
(2) Promotion
shall be by selection, subject to any examinations in police duties which the
Minister may from time to time determine.
(3) When
any officer has successfully passed a promotion examination while serving in another
police force in the British Islands, he or she shall be deemed to have passed
the equivalent examination for promotion in Jersey.
(4) A police
officer who is promoted to a permanent vacancy in a higher rank shall be on
probation in that rank for a period of one year.
(5) A police
officer who is promoted in a temporary or permanent vacancy and has, less than 2 years
before the date of promotion, held the same rank on a temporary promotion
shall, for the purpose of increments in the scale of pay for that rank, be
entitled to aggregate all his or her former service in that rank on temporary
promotion.
(6) A
police officer who –
(a) is
participating in the high potential development scheme (known as the “HPD
scheme”) recognized by the Secretary of State for the purposes of the
Police (Promotion) Regulations 1996 (S.I. 1996/1685) of the United
Kingdom; and
(b) is
determined by the Minister to be competent to perform the duties of a higher
rank,
may be promoted to that higher rank, whether or not there is a
vacancy for that higher rank, without affecting any existing or subsequent
vacancy at that higher rank unless the person promoted is designated to fill
it.
7 Fingerprints
and samples prior to appointment
(1) Where
a candidate for appointment to the Force is to be offered an appointment,
subject to paragraph (2), the offer is subject to the following conditions –
(a) the
candidate must have fingerprints and a sample taken;
(b) the
candidate must consent to the fingerprints and sample taken being the subject
of a speculative search; and
(c) the
Chief Officer must be satisfied that the candidate is suitable for appointment
following the results of a speculative search.
(2) Paragraph (1)
does not apply to a candidate from another police force in the British Islands.
(3) In
a case to which paragraph (1) applies, the candidate shall notify the
Chief Officer in writing whether the candidate consents –
(a) to
the taking of the fingerprints and a sample; and
(b) to
such fingerprints and sample being the subject of a speculative search.
(4) If
a candidate is appointed to the Force any fingerprints and sample taken under
this Article shall be treated as if they had been taken under Article 8.
(5) In
this Article –
(a) “sample”
means –
(i) a sample of hair,
other than pubic hair, complete with roots,
(ii) saliva, or
(iii) a swab taken from the mouth;
and
(b) “speculative
search” has the same meaning as in Article 1 of the Police Procedures
and Criminal Evidence (Jersey) Law 2003[6].
8 Fingerprints
and samples following appointment
(1) Each
police officer shall have his or her fingerprints taken in accordance with the
directions of the Chief Officer.
(2) Each
police officer, other than a police officer transferred to the Force from another
police force in the British Islands shall have a sample taken in accordance
with the directions of the Chief Officer.
(3) Fingerprints
and samples, including information derived from such samples, of police
officers taken by virtue of this Article shall be kept separate from the
fingerprints and samples taken other than by virtue of this Article.
(4) Subject
to paragraph (5), the fingerprints and sample, including the information
derived from such a sample, of a police officer taken under this Article and
all copies and records of those fingerprints and sample shall be destroyed upon
the police officer ceasing to be a member of the Force.
(5) If
a police officer is transferred to another police force in the British Islands,
his or her fingerprints, sample and information derived from that sample shall
be transferred to the chief officer, or person of equivalent rank, of that
police force.
(6) A
police officer who has –
(a) fingerprints
taken under Article 7 is not required to have fingerprints taken under
this Article; or
(b) a
sample taken under Article 7 is not required to have a sample taken under
this Article.
(7) In
this Article “sample” has the same meaning as in Article 7.
9 Clothing
and equipment
(1) Each
police officer shall provide himself or herself with clothing, other than
uniform, which is sufficient for his or her health and suitable to a person
employed in the Force.
(2) The
Chief Officer shall provide free of charge each police officer with all articles
of uniform and equipment necessary for the performance of police duty by that
officer.
(3) All
articles of uniform and equipment issued to a police officer are for use in the
performance of police duty by that officer and must be returned to the Force when
no longer required.
(4) In
the event of an article of uniform or equipment issued to a police officer
becoming unserviceable before the expiry of such minimum period of wear or use
as may be communicated to that police officer, the police officer may be
required to pay a proportion of the cost of replacement.
(5) Replacement
or repairs of lost, damaged, faulty or ill-fitting articles of uniform or
equipment issued to a police officer (other than repairs that he or she can
satisfactorily do himself or herself) shall be made or done without cost to the
police officer, except in the case of loss or damage caused by the police
officer’s default.
10 Personal records
(1) The
Chief Officer shall ensure that a personal record of each police officer is
kept.
(2) If
a police officer becomes a member of another police force in the British
Islands, the Chief Officer shall, on request by the chief officer of that other
force, or person of equivalent rank, provide him or her with a copy of the
police officer’s record.
(3) The
personal record shall contain entries of the following particulars relating to
the police officer –
(a) physical
description (for example, height, weight, build, hair and eye colour and any
distinguishing physical features);
(b) place
and date of birth;
(c) marriage
or civil partnership (if any);
(d) children
(if any);
(e) any
service in any of the armed forces in the British Islands or in any other
police force in the British Islands;
(f) all
promotions, commendations, rewards and punishments, other than a caution;
(g) all
special or sick leave taken; and
(h) the
date of his or her ceasing to be a member of the Force with the reason for such
cessation.
(4) Subject
to paragraph (5), on leaving the Force (except in the case of transfer
with the written consent of the Minister to another police force in the British
Islands) each police officer shall be given a certificate showing his or her
rank and setting out the period of his or her service and the reason for his or
her leaving the Force.
(5) Where
a police officer was required to resign or was dismissed, the certificate shall
not contain any description of the circumstances in which he or she was
required to resign or was dismissed.
(6) The
Chief Officer may append to the certificate any recommendation which the Chief
Officer feels justified in giving.
(7) A
police officer shall, if he or she so requests, be entitled to inspect his or
her personal record.
11 Restrictions
on the private life of police officers
(1) The
restrictions on private life referred to in paragraph (2) shall apply to
all police officers.
(2) Those
restrictions are –
(a) a
police officer shall at all times abstain from any activity which is likely to –
(i) interfere with
the impartial discharge of his or her duties, or
(ii) give rise to the
impression amongst members of the public that it may so interfere;
(b) a
police officer shall not –
(i) take any active part
in politics, or
(ii) belong to any
organization specified or described in a determination of the Minister;
(c) a
police officer shall not receive a lodger in a dwelling in which the police
officer resides or sub-let any such dwelling without giving prior notice to the
Chief Officer; and
(d) a
police officer shall not wilfully refuse or neglect to discharge any lawful
debt.
(3) No
other restriction shall be imposed by the Chief Officer on the private lives of
police officers except –
(a) such
as may be necessary temporarily; or
(b) such
as may be approved by the Minister after consultation with the body designated
under Article 11 of the States of Jersey Police Force Law 2012[7].
12 Business
interests of police officers and relatives
(1) For
the purposes of this Article, a person has a business interest if –
(a) the
person is a police officer and holds any office or employment for hire or gain
(otherwise than as a police officer) or carries on any business; or
(b) the
person is any of the following and holds a licence granted under the Licensing
(Jersey) Law 1974[8] or the Gambling (Jersey) Law 2012[9] or has any pecuniary
interest in any such licence –
(i) a police officer,
(ii) a wife, husband
or civil partner of the police officer or any person living with the police
officer as if he or she were such a person,
(iii) any other member of the
police officer’s family who is living with the police officer.
(2) If
a police officer –
(a) has
or proposes to have a business interest which has not previously been disclosed;
or
(b) is
or becomes aware that a person described in paragraph (1)(b)(ii) or (iii)
has or proposes to have a business interest which, in the police
officer’s opinion, interferes or could be seen as interfering with the
impartial discharge of the police officer’s duties and such interest has
not previously been disclosed,
the police officer shall immediately give written notice of that
business interest to the Chief Officer.
(3) On
receipt of a notice under paragraph (2), the Chief Officer shall direct a
police officer authorized by him or her to exercise functions under this
Article (such person being referred to as an “appropriate officer”)
to decide whether or not the business interest is compatible with the police
officer remaining a member of the Force.
(4) In
deciding whether the business interest is compatible with the police officer
remaining a member of the Force, the appropriate officer shall decide whether,
as a result of the business interest, the police officer’s conduct breaches
or would breach the Discipline Code set out in Schedule 1 to the Police (Complaints
and Discipline Procedure) (Jersey) Order 2000[10].
(5) Where
the appropriate officer is minded to decide that the business interest is not
compatible with the police officer concerned remaining a member of the Force,
or is not so compatible unless conditions are imposed, the appropriate officer
shall –
(a) notify
the police officer of his or her preliminary view and the reasons for it; and
(b) give
the police officer the opportunity to make representations in writing, at a
meeting, or both, at the police officer’s discretion.
(6) The
appropriate officer shall, within 28 days of receipt of notice by the
police officer concerned under paragraph (5), notify the police officer in
writing of the appropriate officer’s decision in relation to the business
interest, having taken into account any representations made by virtue of paragraph (5).
(7) Where
the decision is that the business interest is compatible with the police
officer concerned remaining a member of the Force, the notification under paragraph (6)
may include a requirement for the police officer to furnish particulars of
changes in the business interest as respects its nature, extent or otherwise.
(8) Where
the decision is that the business interest is not compatible with the police
officer remaining a member of the Force, or is not so compatible unless
conditions are imposed, the notification under paragraph (6) shall –
(a) include
a statement of reasons for the decision;
(b) be accompanied
by copies of any document on which the appropriate officer relies in support of
the decision; and
(c) inform
the police officer of the existence of the right of appeal under paragraph (10).
(9) Where
a police officer is required to furnish particulars of changes in a business
interest under paragraph (7), then in the event of any such change being
proposed or occurring, this Article shall have effect as though the changed
business interest were a newly proposed or newly acquired business interest.
(10) Within
10 days of being notified of an appropriate officer’s decision under
paragraph (6), or within such longer period as the Chief Officer may, in
all the circumstances allow, a police officer may appeal against that decision
by sending written notice of appeal to the Chief Officer.
(11) On
receiving a notice of appeal under paragraph (10), the Chief Officer shall
give the police officer the opportunity to make representations in writing, at
a meeting, or both, at the police officer’s discretion.
(12) The
Chief Officer shall, within 28 days of receipt of the notice of appeal
under paragraph (10), notify the police officer in writing of the outcome
of the appeal and provide a written statement of the reasons for the decision.
(13) The
Chief Officer may extend the period referred to in paragraph (12) if he or
she considers that it would be in the interests of justice to do so and shall
provide written notification of the reasons for such decision to the police
officer concerned.
(14) Where a
business interest has been held by the appropriate officer under paragraph (6)
to be incompatible with continued membership of the Force and either –
(a) no
appeal has been made under this Article; or
(b) an
appeal has been made and the Chief Officer has upheld the decision of the
appropriate officer,
the decision of the appropriate officer shall be regarded as a
lawful order for the purposes of paragraph 7 of the Discipline Code in Schedule 1
to the Police (Complaints and Discipline Procedure) (Jersey) Order 2000[11] (“2000 Order”)
and, in the event of any failure to abide by the 2000 Order, the Police
(Complaints and Discipline) (Jersey) Law 1999[12] and the 2000 Order shall
apply as if the Chief Officer had determined under Article 9 of that Order
to prefer a disciplinary charge against the police officer.
13 Police
Force (General Provisions) (Jersey) Order 1974 savings provision
Notwithstanding the repeal of Article 8 of the Police Force
(Jersey) Law 1974[13] by the States of Jersey
Police Force Law 2012[14], any person who, immediately
before the date that this Order comes into force, is or would become entitled
to payment of a pension under Article 10 of the Police Force (General
Provisions) (Jersey) Order 1974[15], shall continue to be so
entitled as if that Article remained in force.
14 Police
(Complaints and Discipline Procedure) (Jersey) Order 2000 amended
In the Police (Complaints and Discipline Procedure) (Jersey) Order 2000[16] –
(a) in Article 4(4)
the words “under the 1974 Order” are deleted;
(b) in Article 4(6)
the words “, by virtue of the 1974 Order” are deleted;
(c) Article 4(9)
is deleted;
(d) in paragraph 7
of the Discipline Code in Schedule 1 for the words “, in the
case of a member of the Force, the Police Force (General Provisions) (Jersey)
Order 1974” there shall be substituted the words “the States
of Jersey Police Force (General Provisions) (Jersey) Order 2016[17]”.
15 Citation
and commencement
This Order may be cited as the States of Jersey Police Force (General
Provisions) (Jersey) Order 2016 and shall come into force 7 days
after it is made.
deputy k.l. moore of st. peter
Minister for Home Affairs