Police (Honorary
Police Complaints and Discipline Procedure) (Jersey) Regulations 2000
Preliminary
1 Interpretation
(1) In
these Regulations, unless the context requires otherwise –
“chairman of the
panel” means the Jurat appointed as such pursuant to Regulation 30(5);
“Code” means
the Discipline Code referred to in Regulation 2;
“complainant”
means the person by or on whose behalf a complaint is submitted;
“complaint”
has the same meaning as in Article 17 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, in relation to an investigation, the member of the Force
or police officer from some other force appointed pursuant to Regulation 6;
“Law” means
the Police (Complaints
and Discipline) (Jersey) Law 1999;
“member concerned”
means a member of the Honorary Police whose conduct has been the subject of a
complaint, report or allegation;
“member of the
Honorary Police” means a Centenier, Vingtenier or Constable’s
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 27(2)
of the Law;
“prison” has
the same meaning as in the Prison (Jersey)
Law 1957;
“supervised
investigation” means an investigation supervised by the Authority
pursuant to Article 23 of the Law;
“unsupervised
investigation” means an investigation which is not supervised by the
Authority pursuant to Article 23 of the Law.
(2) Any
reference in these Regulations 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 the Schedule to these Regulations shall have effect.
(2) A
member of the Honorary Police commits an offence against discipline if the
member’s conduct does not meet the standard set out in the Code.
3 Informal
resolution of complaints[1]
(1) Where
a Connétable is directed by the Attorney General, pursuant to Article 21(2)
of the Law, to deal with a complaint informally, the Connétable must, as
soon as practicable –
(a) seek
the views of the complainant and the member concerned about the matter; and
(b) subject
to paragraph (3), take such other steps as may appear to the Connétable
to be appropriate.
(2) The
Connétable must give the member concerned 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 Connétable that the complaint had in fact been
satisfactorily dealt with at the time it was brought to his or her notice, the Connétable
may treat the complaint as having been dealt with informally.
(4) A
Connétable must, after dealing with a complaint informally, give to the
Attorney General a copy of the outcome of the complaint recorded pursuant to Article 20(2)
of the Law.
4 Suspension
(1) Where –
(a) a
member of the Honorary Police has been charged with a criminal offence; or
(b) there
has been a complaint, report or allegation which indicates that a member of the
Honorary Police may have committed an offence against discipline, whether or
not it has been investigated,
the Attorney General may,
after consultation with the Connétable of the parish in which the member
serves, suspend the member from office.
(2) The
Attorney General may exercise the power to suspend a member of the Honorary
Police under this Regulation at any time from the time the member is charged
with a criminal offence or the time that the Attorney General is informed of
the complaint or the report or allegation is referred to him or her
until –
(a) the
Attorney General 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 Regulation, 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 Attorney General to end the suspension.
(4) Where
the member concerned who is suspended is required to resign under Regulation
26, the member shall remain suspended during the period of the member’s
notice.
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 these Regulations in respect of the complaint, report or
allegation except the exercise of the power to suspend under Regulation 4,
unless the Attorney General 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 complaint, report or allegation
(1) The
Attorney General –
(a) shall,
where it appears to the Attorney General that a complaint is not suitable for
being dealt with informally; or
(b) may,
where it appears to the Attorney General that a report or allegation indicates
that a member of the Honorary Police may have committed an offence against
discipline,
direct the
Connétable of the parish in which the member concerned serves to request
the Chief Officer to appoint a member of the Force or police officer from some
other force, of at least the rank of inspector, to carry out an investigation.[2]
(2) The
Chief Officer shall comply with a request made pursuant to paragraph (1)
and may ask the chief officer of some other force to provide a police officer
of the other chief officer’s force for appointment.
(3) This
Regulation is subject to the powers of the Authority, in the case of a
supervised investigation, to approve the appointment of an investigating
officer pursuant to Article 23 of the Law.
7 Notice
of investigation of complaint, report or allegation
The investigating officer
shall, as soon as is practicable (without prejudicing his or her 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 the member is not obliged to say anything concerning the
matter, but that the member may, if he or she so desires, make a written or
oral statement concerning the matter to the investigating officer or to the
Attorney General;
(d) informing
the member that if the member makes such a statement it may be used in any
subsequent proceedings under these Regulations;
(e) informing
the member that the member has the right to seek advice from the Honorary
Police Association; and
(f) informing
the member that the member has the right to be accompanied by any person, other
than an interested party, to any meeting, interview or hearing.[3]
8 Report
on investigation
At the end of an
investigation, the investigating officer shall –
(a) in
the case of a supervised investigation, in accordance with Article 24(3)
of the Law, give a written report to the Authority and send a copy to the
Attorney General and to the Connétable of the parish in which the member
concerned serves; or
(b) in
the case of an unsupervised investigation, give a written report to the
Attorney General and send a copy to the Connétable of the parish in
which the member concerned serves.
9 Procedure
on receipt of investigating officer’s report
(1) The
Attorney General shall consider whether a disciplinary charge shall be
preferred against the member concerned –
(a) in
the case of a supervised investigation, after either the Attorney General has
informed the Authority, in accordance with Article 25(2) of the Law, that
criminal proceedings will not be initiated, or such proceedings are concluded;
or
(b) in
the case of an unsupervised investigation, after the Attorney General has
received the investigating officer’s report made under Regulation 8 and
determined either that criminal proceedings will not be initiated or such
proceedings are concluded.
(2) Paragraph (1)
is without prejudice to the powers of the Attorney General under Regulation 5.
10 Withdrawal
of disciplinary charge
At any time before the
beginning of a disciplinary hearing, the Attorney General may direct that any
disciplinary charge preferred be withdrawn and shall give the member concerned
written notice of any such direction.
Disciplinary hearings
11 Limitation
on punishments
(1) No
punishment of a kind described in Regulation 26 shall be imposed on a member of
the Honorary Police otherwise than upon a finding at a disciplinary hearing
that the member is guilty of an offence against discipline.
(2) A
member of the Honorary Police may not be dismissed or required to resign upon a
finding described in paragraph (1) unless the member has been given an
opportunity to elect to be legally represented by an advocate or solicitor at
the disciplinary hearing.
12 Notice
of decision to prefer disciplinary charge
(1) Where
the Attorney General decides to prefer a disciplinary charge the Attorney
General 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 given 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 given to the member concerned
are –
(a) any
written statement the member may have made to the investigating officer;
(b) an
account of any oral statement the member may have made to the investigating
officer or the Attorney General; 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 Regulation 8.
13 Notice
of disciplinary hearing
(1) The
Attorney General shall give the member concerned not less than 21 days’
written notice of the time, date and place of the disciplinary hearing.
(2) The
Attorney General shall, in every case where the Attorney General is of the
opinion that a disciplinary hearing should have available the punishments of
dismissal or requirement to resign, give the member concerned, at the same time
as the Attorney General 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 Regulations 11(2) and 18.
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 given
to the member pursuant to Regulation 12(1)(b) has been so given –
(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 Regulation 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 Attorney General to secure.
(2) Where,
pursuant to paragraph (1)(c), the member concerned states that the member wishes
the Attorney General to secure the attendance of witnesses, the Attorney
General shall –
(a) order
any witness who is a member of the Honorary Police to attend 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 Regulation 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 Regulation
13, a disciplinary hearing may take place less than 21 days after notice is
given pursuant to that provision, if the Attorney General considers it
appropriate in the circumstances, where –
(a) at
the time the member concerned receives notice pursuant to Regulation 12(1)(a), the
member is detained pursuant to a sentence of a court in a prison; and
(b) having
been given the documents required by Regulation 12(1)(b), the member
concerned does not elect to be legally represented at the hearing.
16 Hearing
of disciplinary charges
A disciplinary charge
shall be heard by the Attorney General.
17 Documents
to be given to member concerned
(1) Where
the member concerned accepts, in accordance with Regulation 14, that the member
has committed an offence against discipline the Attorney General 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 the member has committed an offence
against discipline, no summary of facts shall be prepared.
18 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.
(2) Where
the member concerned has given notice in accordance with Regulation 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 the member’s 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 Honorary Police or by a
member of the Force or police officer from some other force.
19 Procedure
at disciplinary hearing
(1) Except
as provided by these Regulations, the procedure at a disciplinary hearing shall
be determined by the Attorney General.
(2) The
Attorney General 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.
(3) The
Attorney General shall review the facts of the case and decide whether or not
the member concerned is guilty of the offence against discipline with which the
member 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.
(4) Where
the member concerned is found guilty of an offence against discipline, the
Attorney General shall determine whether, in all the circumstances, it would be
reasonable to impose any punishment and, if so, what that punishment should be.
20 Attendance
of member concerned at disciplinary hearing
(1) The
Attorney General 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 Attorney General 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 these Regulations, that procedure shall be
dispensed with.
21 Attendance
of complainant at disciplinary hearing
(1) This
Regulation 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 Attorney General, 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, he or she and any person allowed to
accompany him or her 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 Attorney General
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 Attorney General’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 or her 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
Attorney General may exclude the complainant or such person from the remainder
of the hearing.
22 Attendance
of others at disciplinary hearing
(1) Except
as provided in this Regulation and Regulation 21, a disciplinary hearing
shall be in private.
(2) The
Attorney General may allow any advocate, solicitor or other such persons as the
Attorney General considers desirable to attend the whole or such part of the
disciplinary hearing as the Attorney General 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 23 of the Law.
(4) The
member concerned may be accompanied at the hearing by any person other than an
interested party.
(5) The
Attorney General may allow witnesses to be accompanied at the hearing by a
personal friend or relative.
23 Exclusion
of public from disciplinary hearing
Where it appears to the
Attorney General 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 Attorney General 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.
24 Evidence
at disciplinary hearing
(1) The
Attorney General 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 Attorney General may allow any
document to be adduced in evidence during the disciplinary hearing
notwithstanding that a copy of it has not been given to the member concerned in
accordance with Regulation 12(1)(b).
25 Record
of disciplinary hearing
The Attorney General
shall –
(a) ensure
that a verbatim record of the proceedings at a disciplinary hearing is taken;
and
(b) if
the member concerned so requests within the time limit for any appeal specified
in Article 27(3) of the Law and after he or she has given notice of appeal
in accordance with Regulation 30, supply the member with a transcript of the
record or a copy of it.
26 Punishments
(1) Subject
to Regulation 11, the Attorney General may impose any of the following
punishments, that is to say –
(a) dismissal
from the Honorary Police;
(b) requirement
to resign from the Honorary Police, as an alternative to dismissal, taking
effect either forthwith or on such date as may be specified in the decision;
(c) suspension;
(d) censure;
(e) reprimand.
(2) Any
punishment imposed under paragraph (1), except a requirement to resign,
shall have immediate effect.
(3) The
member concerned may be dismissed or required to resign without the
member’s being legally represented if the member –
(a) fails
without reasonable cause to give notice in accordance with these Regulations
that the member wishes to be legally represented;
(b) gives
notice in accordance with these Regulations that the member does not wish to be
legally represented; or
(c) gives
notice in accordance with these Regulations that the member wishes to be
legally represented but, at any time, withdraws such notice.
27 Service
to be considered before punishment imposed
Where the question of the
punishment to be imposed is being considered –
(a) the
Attorney General –
(i) shall
have regard to the past service in the Honorary Police of the member concerned,
and
(ii) may
receive evidence from any witness whose evidence, in the Attorney
General’s opinion or in the opinion of the member concerned, would assist
in determining the question; and
(b) the
member concerned or the member’s representative shall be given an
opportunity to make oral or, if appropriate, written representations concerning
the question or to adduce evidence relevant to it.
28 Notification
of finding
(1) At
the conclusion of a disciplinary hearing, the Attorney General shall inform the
member concerned orally of the decision on the disciplinary charge and of any
punishment imposed.
(2) The
Attorney General shall, within the 3 days following the conclusion of the
disciplinary hearing, cause the member concerned and the Connétable of
the parish in which the member serves to be given written notice of the decision
and any punishment imposed and a summary of the reasons for them.
29 Records
of disciplinary proceedings
(1) The
Attorney General shall maintain a book of record of disciplinary proceedings
brought against members of the Honorary Police.
(2) The
Attorney General shall enter every case brought against a member of the
Honorary Police 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
30 Initiation
of appeal
(1) An
appeal against the decision on a disciplinary charge or punishment imposed may
only be made in accordance with Article 27 of the Law and these Regulations.
(2) The
Attorney General 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 27(3) of the Law or allowed pursuant to Article 27(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 27(2) of the Law,
shall, at the same time, appoint one of the members as chairman of the panel.
31 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 respondent’s report on the decision appealed against;
(b) a
transcript of the proceedings at the original hearing;
(c) any
documents which were made available to the respondent 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 the appellant gives the panel the
statement and documents described in paragraph (3), 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 any supporting documents.
32 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 27(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 these Regulations, the procedure at an appeal hearing shall be
determined by the panel.
33 Appeal
hearing to be in private
(1) Subject
to paragraphs (2) and (4) and Regulation 35, 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.
34 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 Regulation if it would not
have been admissible had it been given orally.
(4) For
the purposes of this Regulation, 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 Regulation shall prejudice the admission of written evidence which
would be admissible apart from this Regulation.
(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.
35 Attendance
of complainant at appeal hearing
(1) This
Regulation 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 Regulation 32(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 or her to be
accompanied by a personal friend or relative who is not to be 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 him or her shall not be allowed
to attend before the complainant gives his or her 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 or her 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 him or her 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.
36 Determination
of appeal without hearing
The panel may, with the
agreement of the appellant and respondent, determine an appeal without a
hearing.
37 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.
38 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
Honorary Police and the appellant was suspended for a period immediately
preceding the date of the decision appealed against, the decision shall deal
with the suspension.
Supplemental
39 Delegation
(1) Subject
to paragraph (2), the Attorney General may delegate to the Solicitor
General or a Crown Advocate –
(a) the
Attorney General’s powers under Regulations 4, 6, 9, and 10; and
(b) all
or any of the Attorney General’s duties under these Regulations 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.
(2) The
Attorney General may not delegate any duty imposed on the Attorney General by
the Law.
40 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.
41 Service
by post
Any notice or document to
be given, sent or delivered pursuant to these Regulations may be given, sent or
delivered by post.
42 Citation
These Regulations may be
cited as the Police (Honorary Police Complaints and Discipline Procedure)
(Jersey) Regulations 2000.