Connétables
(Miscellaneous Provisions) (Jersey) Law 2012
A LAW to repeal the policing functions of the Connétables, to
empower a Procureur du Bien Public to
deputise for a Connétable in certain circumstances, to remove certain
other functions from the Connétables and to make ancillary and
consequential amendments.
Commencement [see endnotes]
1 Interpretation
In this Law “policing function” means any of the
following powers or duties, at customary law or under any enactment,
exercisable by a Connétable –
(a) keeping the peace;
(b) opposing and arresting
wrongdoers and bringing them to justice;
(c) for the purpose of
exercising the function in paragraph (a) or (b) –
(i) searching,
examining or investigating, or authorizing a search, examination or
investigation of, property of any description or a person,
(ii) charging
a person with an offence,
(iii) arresting
a person,
(iv) granting
bail,
(v) conducting
a parish hall inquiry into an allegation that an offence has been committed,
including the levying of a fine summarily,
(vi) presenting
a person charged with an offence before a court, and
(vii) discharging
functions incidental or ancillary to any of the actions referred to in this
paragraph.
2 Abrogation
of customary law relating to policing functions of Connétables
The customary law is abrogated to the extent that it provides for
the exercise of any policing function by a Connétable.
3 Supervisory
role of the Connétables
Nothing in this Law shall be taken to derogate in any way
from –
(a) the responsibility of
the Connétable of a parish at customary law or under any enactment to
supervise the Honorary Police of the parish; and
(b) the powers and duties
of the Connétable associated with the discharge of that responsibility.
4 Circumstances
in which Connétables’ functions are exercisable by Procureur du
Bien Public
(1) In the event of the
Connétable of a parish –
(a) being
unable to discharge the functions of office for any reason including, without
prejudice to the generality of the foregoing, illness or injury;
(b) being
absent from Jersey except where the absence is for 7 days or less and the
Connétable informs either or both of the Procureurs du Bien Public of
the parish that the Connétable will discharge the functions of office
during that period of absence; or
(c) no
longer holding office for any reason pending that office being filled in
accordance with any other enactment,
the functions of the Connétable, while such inability,
absence or gap in office continues, shall be discharged by the senior of the 2
Procureurs du Bien Public of the parish, as determined in accordance with
paragraph (4), except where paragraph (2) or (3) applies.
(2) Instead of the senior
of the 2 Procureurs du Bien Public, the other Procureur du Bien Public may,
with the consent of the Attorney General discharge any or all of the functions
of the Connétable under this Article.
(3) If the senior of the 2
Procureurs du Bien Public is unable, for any reason, to discharge any or all of
the functions of the Connétable under this Article the other Procureur
du Bien Public shall discharge the functions that the senior Procureur is
unable to discharge.
(4) For the purposes of
this Article, the seniority of the 2 Procureurs du Bien Public shall be determined by –
(a) their
respective seniority in office;
(b) if
that seniority cannot be distinguished, their respective periods of continuous
service in the relevant parish; or
(c) if
seniority in office and period of service cannot be distinguished, their
respective seniority in age.
(5) For the purposes of
this Article “functions of the Connétable”
or “function of office” do not include any of the following
functions –
(a) attending
the States Assembly as a member of the States of Jersey;
(b) acting
as a member of the Supervisory Committee within the meaning of the Rates (Jersey) Law 2005;
(c) acting
as a member of the Comité des Connétables; and
(d) anything
incidental to any of the above functions.
(6) The customary law is
abrogated to the extent that it provides for a Chef de Police of a parish to
deputise for the Connétable of the parish.
(7) Any function under any
other enactment relating to the appointment of a person to the office of Chef
de Police of a parish by the Connétable shall be exercised by the Procureur
du Bien Public under this Article only after consultation with the Attorney
General.
(8) Any function under any
other enactment relating to the removal of a person from the office of the Chef
de Police of a parish by the Connétable shall be exercised by a
Procureur du Bien Public under this Article only with the consent of the
Attorney General.
(9) This Article is without
prejudice to Article 20 of the Elections (Jersey)
Law 2002.[1]
5 Regulations
concerning the functions of the Connétables
(1) The States may by
Regulations amend any enactment so as to –
(a) repeal
any provision that confers a policing function on a Connétable;
(b) remove
any policing function from a Connétable and confer it instead on a
Centenier or, specifically, on the Chef de Police of a parish; and
(c) repeal
any provision that confers a function on the Chef de Police of a parish, if
such function would otherwise be exercisable by a Procureur du Bien Public under
Article 4;
(d) remove
any function from a Chef de Police that, had the function been vested in a
Connétable, would be exercisable by a Procureur du Bien Public under
Article 4 and confer it instead on a Connétable or Procureur du
Bien Public, or both;
(e) remove
any function from a Chef de Police that is exercisable on behalf of a
Connétable, if such function would otherwise be exercisable by a
Procureur du Bien Public under Article 4, and confer it instead on the
Procureur du Bien Public as being exercisable on behalf of the
Connétable.
(2) Regulations made under
this Article may contain such transitional, consequential, incidental,
supplementary or savings provisions as the States think fit.
6 Citation
This Law may be cited as the Connétables (Miscellaneous
Provisions) (Jersey) Law 2012.