Police (Complaints
and Discipline Procedure) (Jersey) Order 2000
Preliminary
1 Interpretation
(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;
“member concerned”
means a member of the Force 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 police officer from 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 police
officer from 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;
“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.[1]
(2) Any
reference in this Order to a report or allegation or to a report and allegation
does not include a complaint.
2 Discipline
Code and offences against discipline
(1) The
Discipline Code in Schedule 1 shall have effect.
(2) A
member of the Force commits an offence against discipline if the member of the
Force’s conduct does not meet the standard set out in the Code.[2]
3 Informal
resolution of complaints
(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 the
appointed officer to be appropriate.
(2) Without
prejudice to paragraph (1), the member concerned shall be given the
opportunity to respond to the complaint, at the member’s 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 the appointed
officer’s notice, the appointed officer 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 the
member has admitted the conduct in question.
(5) Upon
resolving a complaint informally, the appointed officer shall record the
outcome in writing and, where the appointed officer is not the Chief Officer,
give a copy of the record to the Chief Officer.
4 Suspension
(1) Where –
(a) a
member of the Force 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 may have committed an offence against discipline, whether or not it has
been investigated,
the Chief Officer may suspend
him or her from membership of the Force and from his or her office of constable.[3]
(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) the
Chief Officer 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 the member 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, the member 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 the member may not,
without the consent of the Chief Officer, give notice of resignation nor resign
under notice previously given.[4]
(5) Where
the member concerned who is suspended is required to resign under Article 29,
the member shall remain suspended during the period of the member’s
notice.
(6) Where
the member concerned is suspended under this Article, the member shall not be
entitled to any allowance in respect of the period of suspension.[5]
(7) Subject
to paragraph (8), where the member concerned is suspended under this Article,
the member shall not be entitled to pay in respect of any period
when –
(a) the
member is detained in pursuance of a sentence of a court in a prison or other
institution to which the Prison
(Jersey) Law 1957, applies or is in custody (whether in prison or
elsewhere) between conviction by a court and sentence; or
(b) the
member has absented himself or herself from duty and the member’s
whereabouts are unknown to the Chief Officer.
(8) Where
the member concerned returns to duty following his or her suspension under this
Article and –
(a) it
has been decided that the member shall not be charged with a disciplinary
offence;
(b) the
member has been so charged and all the charges have been withdrawn or
dismissed; or
(c) the
member 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,
the member shall receive,
as from the date of the member’s suspension, the pay to which, but for paragraph (7),
the member would have been entitled.
(9) [6]
5 Conduct
of investigations where there are outstanding criminal proceedings
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
6 Appointment
of officer to investigate report or allegation
(1) Where
the Chief Officer receives a report or allegation which indicates that a member
of the Force may have committed an offence against discipline, the Chief
Officer may appoint a member of the Force or police officer from some other
force to investigate the case.[7]
(2) The
Chief Officer may ask the chief officer of some other force to provide a police
officer of the chief officer’s force for appointment under this Article.
(3) No
officer may be appointed under this Article unless the officer 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.
7 Notice
of investigation of complaint, report or allegation
The investigating officer
shall, as soon as is practicable (without prejudicing the investigating
officer’s 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
the member that he or she is not obliged to say anything concerning the matter,
but that the member may, if the member so desires, make a written or oral
statement concerning the matter to the investigating officer or to the Chief
Officer;
(d) informing
the member that if he or she makes such a statement it may be used in any
subsequent proceedings under this Order;
(e) informing
the member that he or she has the right to seek advice from the member’s
staff association; and
(f) informing
the member that he or she has the right to be accompanied by any person other
than an interested party, to any meeting, interview or hearing.
8 Report
on investigation
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.
9 Procedure
on receipt of investigating officer’s report
(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 the Chief Officer has received
the investigating officer’s report and either the Attorney General has
informed the Chief Officer 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 the member’s conduct
within the previous 12 months and, in a statement made under Article 7,
has admitted that the member 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 the member’s personal record.
10 Withdrawal
of disciplinary charge
(1) At
any time before the beginning of a disciplinary hearing, the Chief Officer may
direct that any disciplinary charge preferred be withdrawn, unless the Chief
Officer 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
11 Limitation
on punishments
(1) No
punishment of a kind described in Article 29 shall be imposed on a member
of the Force otherwise than upon a finding at a disciplinary hearing that the
member of the Force is guilty of an offence against discipline.[8]
(2) A
member of the Force may not be dismissed, required to resign or reduced in rank
upon a finding described in paragraph (1) unless the member of the Force has
been given an opportunity to elect to be legally represented by an advocate or
solicitor at the disciplinary hearing.[9]
12 Notice
of decision to prefer disciplinary charge
(1) Where
the Chief Officer decides or is required to prefer a disciplinary charge the
Chief Officer 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 the member may have made to the investigating officer;
(b) an
account of any verbal statement the member 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.
13 Notice
of disciplinary hearing
(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 the Chief Officer 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 the Chief Officer 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.
14 Procedure
on receipt of notice
(1) The
member concerned shall be invited to state in writing, within 14 days of the
date on which the member is notified that the last of the documents to be
supplied to the member pursuant to Article 12(1)(b) has been so
supplied –
(a) whether
or not the member accepts that the member has committed an offence against
discipline;
(b) in a
case where the member is given notice pursuant to Article 13(2), whether the
member wishes to be legally represented at the disciplinary hearing; and
(c) whether
the member proposes to call any witnesses to relevant facts at the hearing and
the names and addresses of any such witnesses whose attendance the member
wishes the Chief Officer to secure.
(2) Where,
pursuant to paragraph (1)(c), the member concerned states that the member
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 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.[10]
(3) Nothing
in this Article shall require a disciplinary hearing to be adjourned where a
witness is unable or unwilling to attend the hearing.
15 Advancement
of disciplinary hearing date
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),
the member 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.
16 Hearing
of disciplinary charges preferred otherwise than at the direction of the
Authority
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.
17 Documents
to be given to member concerned
(1) Where
the member concerned accepts, in accordance with Article 14, that he or
she 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, the member 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 or she has committed an offence
against discipline, no summary of facts shall be prepared.
18 Documents
to be supplied to presiding authority
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.
19 Representation
at disciplinary hearing
(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 the member 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 or she wishes to be legally represented, the case against the member 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 or her case in person.
(4) Where
the member concerned has been given an opportunity to elect to be legally
represented and has so elected, the member may be represented at the
disciplinary hearing, at his or her 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, the member may be represented at the
disciplinary hearing only by another member of the Force or police officer from
some other force.
20 Conduct
of disciplinary hearing
(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.
21 Procedure
at disciplinary hearing
(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 or she is charged, but shall not find the member guilty unless –
(a) the
member 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.
22 Attendance
of member concerned at disciplinary hearing
(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 the member’s absence.
(3) Where
the member concerned informs the presiding authority in advance that the member
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.
23 Attendance
of complainant at disciplinary hearing
(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 or her 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 member concerned gives evidence then, after the person presenting the case
has had an opportunity of cross-examining the member, 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 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
presiding officer may exclude the complainant or such person from the remainder
of the hearing.
24 Attendance
of others at disciplinary hearing
(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 the
presiding officer considers desirable to attend the whole or such part of the
disciplinary hearing as the presiding officer may think fit, subject to the
consent of the member concerned and the person presenting the case against the
member.
(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.
25 Exclusion
of public from disciplinary hearing
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, the presiding officer 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.
26 Evidence
at disciplinary hearing
(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).
27 Remission
or return of hearing of disciplinary charge
(1) The
presiding officer shall remit the disciplinary hearing of a case to the police
officer from some other force of the rank specified in paragraph (4) who,
at the presiding officer’s request, has agreed to act as the presiding
officer in the matter –
(a) if
the presiding officer is an interested party otherwise than in the presiding
officer’s 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 the member so wished, be so represented.[11]
(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, the
presiding officer 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 the member 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 the
presiding officer’s assessment of the case or of the punishment which
might be imposed.
(4) For
the purposes of paragraph (1), the police officer from some other force
shall be of at least the rank of assistant chief constable or of an equivalent
rank in any other police force in the British Islands.[12]
28 Record
of disciplinary hearing
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 the member has given notice of
appeal in accordance with Article 33 of this Order, give the member a
transcript of the record or a copy of it.
29 Punishments
(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;
(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 decision;
(c) reduction
in rank;
(d) reduction
in rate of pay;
(e) fine;
(f) reprimand;
(g) caution.[13]
(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 the member being legally represented if the member –
(a) fails
without reasonable cause to give notice in accordance with this Order that the
member wishes to be legally represented;
(b) gives
notice in accordance with this Order that the member does not wish to be
legally represented; or
(c) gives
notice in accordance with this Order that the member 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 the member’s rank in the Force.[14]
(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 1/7th of the member’s weekly pay.
30 Personal
record to be considered before punishment imposed
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 of the member concerned, as
shown on the member’s 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 or her representative shall be given an opportunity to
make oral or, if appropriate, written representations concerning the question
or to adduce evidence relevant to it.[15]
31 Notification
of finding
(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.
32 Records
of disciplinary proceedings
(1) The
Chief Officer shall maintain a book of record of disciplinary proceedings
brought against members of the Force.[16]
(2) The
Chief Officer shall enter every case brought against a member of the Force 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.[17]
Appeals
33 Initiation
of appeal
(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 Law 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,
shall, at the same time, appoint one of the members as chairman of the panel.
34 Procedure
on notice of appeal
(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 or she 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
the appellant 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 or she 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 the respondent
receives the copy referred to in paragraph (4), give the panel a statement
of the respondent’s response to the appeal and any supporting documents.
(7) The
respondent shall, at the same time as the respondent complies with paragraph (6),
give the appellant a copy of the statement and supporting documents (if any).
35 Procedure
at appeal hearing
(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.
36 Appeal
hearing to be in private
(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.
37 Evidence
at appeal hearing
(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 the person 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.
38 Attendance
of complainant at appeal hearing
(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 the complainant 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, the
complainant and any person allowed to accompany the complainant shall not be
allowed to attend before the complainant gives 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 the complainant 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 the appellant, the
chairman of the panel shall put to the appellant any questions which the
complainant requests should be so put and might have been properly so put by
way of cross-examination and, at the chairman of the panel’s discretion,
may allow the complainant himself or herself to put such questions to the
appellant.
(7) Except
as provided in paragraph (6), the complainant and any person allowed to
accompany the complainant shall neither intervene in nor interrupt the appeal
hearing and, if the complainant or such person should behave in a disorderly or
abusive manner or otherwise misconduct himself or herself, the chairman of the
panel may exclude the complainant or such person from the remainder of the
hearing.
39 Determination
of appeal without hearing
The panel may, with the
agreement of the appellant and respondent, determine an appeal without a
hearing.
40 Statement
of panel’s decision
(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.
41 Effect
of decision on appeal
(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 in the appellant’s 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 his or her rank, continuously from the date of the decision appealed
against to the date of the appellant’s reinstatement.[18]
(3) Where
the effect of the decision of the panel is to reinstate the appellant in the
Force and the appellant was suspended for a period immediately preceding the
date of the decision appealed against, the decision shall deal with the
suspension.[19]
Supplemental
42 Personal
record of member concerned
(1) Where,
at any hearing, the only punishment imposed on a member of the Force is a
caution, no reference to the disciplinary charge or punishment shall be made on
the member of the force’s personal record.[20]
(2) If
a member of the Force so requests –
(a) a
punishment of a fine or reprimand may be expunged from the member of the
Force’s 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.[21]
43 Delegation
(1) Subject
to paragraph (2), the Chief Officer may delegate to the Deputy Chief
Officer –
(a) the
Chief Officer’s powers under Articles 4 and 6;
(b) all
or any of the Chief Officer’s 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) the
Chief Officer’s duties and powers under Articles 9 and 10.
(2) The
Chief Officer may not delegate any duty imposed on him or her 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 the Deputy Chief Officer
under paragraph (1) shall be discharged by another member of the Force
appointed by the Chief Officer for the purpose.
44 Administration
for panel
The Judicial Greffier
shall be clerk to a panel and, accordingly, any document required to be given
to a panel shall be delivered to the Judicial Greffier.
45 Revocations
(1) Subject
to paragraph (2), the enactments specified in column 1 of Schedule 2
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.
46 Citation
This Order may be cited
as the Police (Complaints and Discipline Procedure) (Jersey) Order 2000.