Police Procedures
and Criminal Evidence (Application to Customs and Excise) (Jersey) Order 2004
1 Interpretation
(1) In
this Order –
“Agent of the
Impôts” and “officer of the Impôts” have the same
meaning as in the Customs
and Excise (Jersey) Law 1999;
“assigned
matter” has the same meaning as in the Customs and Excise
(Jersey) Law 1999;
“customs and
excise” means the Agent of the Impôts and officers of the
Impôts;
“customs
office” means a place for the time being occupied by officers of the
Impôts;
“Law” means
the Police Procedures
and Criminal Evidence (Jersey) Law 2003.
(2) For
the purposes of this Order, a person is in customs detention if –
(a) he
has been taken to a customs office after being arrested for an offence; or
(b) he is
arrested at a customs office after attending voluntarily at the office or
accompanying an officer of the Impôts to it,
and is detained there or
is detained elsewhere in the charge of an officer, and nothing shall prevent a
detained person from being transferred between customs detention and police
detention.
2 Police Procedures and Criminal Evidence
(Jersey) Law 2003 applied to Customs and
Excise[1]
(1) Subject to this Order,
the provisions of the Law specified in Schedule 1 that relate to
investigations of offences conducted by police officers or to persons detained
by the police shall apply, as the case requires, to –
(a) investigations
conducted by the Agent of the Impôts, and any officer of the Impôts,
of offences that relate to assigned matters; or
(b) persons
detained by the Agent of the Impôts or any officer of the Impôts.
(2) The provisions of the
Law, in their application under paragraph (1), shall be subject to the
modifications set out in Schedule 2.
3 Limitation
of application regarding charging and detention
Nothing in the
application of the Law to customs and excise shall be construed as conferring
upon an officer of the Impôts any power –
(a) to
charge a person with any offence;
(b) to
detain a person for an offence after a person has been charged with the offence
unless –
(i) the
detention is authorized by a Centenier for the purpose of a sample being taken
from the person under Article 59 of the Law, and
(ii) the
period of detention does not exceed 6 hours beginning when the person is
charged with the offence.[2]
4 Extension
of application regarding powers of seizure
(1) Where
the Law gives an officer of the Force power to seize and retain anything found
upon a lawful search of premises, an officer of the Impôts shall have the
same power notwithstanding that the thing found is not evidence of an offence
in relation to an assigned matter.
(2) Nothing
in the application of the Law to customs and excise shall be construed to
prevent anything lawfully seized by a person under any enactment from being
accepted and retained by an officer of the Impôts.
(3) Article 23
of the Law shall not apply to anything seized as liable to forfeiture under the
Customs and Excise
(Jersey) Law 1999.
5 Article 8A
inserted
After Article 8 of
the Law there shall be inserted the following Article –
Material in the possession of a person who acquired or created it in
the course of any trade, business, profession or other occupation or for the
purpose of any paid or unpaid office and which relates to an assigned matter,
is neither excluded material nor special procedure material for the purposes of
any enactment such as is mentioned in Article 16(2) of this Law.”.
6 [3]
7 Citation
This Order may be cited
as the Police Procedures and Criminal Evidence (Application to Customs and
Excise) (Jersey) Order 2004.
SCHEDULE
1[4]
(Article 2)
PROVISIONS OF THE POLICE
PROCEDURES AND CRIMINAL EVIDENCE (JERSEY) LAW 2003 APPLIED
Article
1 to 3
5 to 8A
15 to 18
19, with the omission of paragraph (1)(c)
20 to 24
26 to 28
29, with the omission of paragraph (10)
29A to 33
34, with the omission of paragraph (6)(d)
35to 47
50
51
52, with the omission of paragraph (11)
53, with the omission of paragraph (6)
54, with the omission of paragraph (13)
56, with the omission of
paragraphs (13) and (14)
57, with the omission of paragraph (17)
58, with the omission of paragraph (10)
59, with the omission of
paragraphs (1)(a)(i) to (iii), (8) and (9)
60, with the omission of
paragraphs (8) to (10) and (11)(b)
61, with the omission of paragraph (1)(a)(i)
62, with the omission of paragraph (8)
75
107 to 108
109 to 110
Schedule 1, Part 2, with
the omission of the offences numbered 1 to 5 and 7 to 11
Schedule 2
SCHEDULE 2[5]
(Article 2)
modifications OF THE POLICE
PROCEDURES AND CRIMINAL EVIDENCE (JERSEY) LAW 2003
1 Article 20 modified
In Article 20 of the
Law –
(a) for
paragraph (1) there shall be substituted the following
paragraph –
“(1) Subject to this Article, an
officer of the Impôts may enter and search any premises occupied or
controlled by a person who is under arrest for any offence which relates to an
assigned matter within the meaning of the Customs and Excise
(Jersey) Law 1999, if he has reasonable grounds for suspecting that
there is on premises evidence, other than items subject to legal privilege,
that relates –
(a) to
that offence; or
(b) to
some other offence which is connected with or similar to that offence.”.
(b) for
paragraph (4) there shall be substituted the following
paragraph –
“(4) The powers conferred by this
Article may not be exercised unless a senior officer has authorized them in
writing.”;
(c) for
paragraphs (6), (7) and (8) there shall be substituted the following
paragraphs –
“(6) If an officer of the
Impôts conducts a search by virtue of paragraph (5), he shall inform
an officer of the Impôts of at least the rank of senior officer that he
has made the search as soon as practicable after he has made it.
(7) An officer of the
Impôts who authorizes a search or is informed of a search under paragraph (6),
shall make a record in writing of the grounds for the search and of the nature
of the evidence that was sought.
(8) An officer of the
Impôts who authorizes or is informed of a search shall notify the Agent
of the Impôts for record keeping and recording purposes.”.
2 Article 23 modified
In Article 23(3) of
the Law for the words “the Force or the Honorary Police” there
shall be substituted the words “customs and excise”.
3 Article 24 modified
In Article 24(5) of
the Law for the words “the police” there shall be substituted the
words “customs and excise”.
3A Article 32 modified
In Article 32 of the Law –
(a) in paragraph (1),
after “except in accordance with” there is inserted “Article 108
and”;
(b) in paragraph (2)
for “a custody officer” there is substituted “the custody
officer”;
(c) in paragraph (3)
for “a custody officer at the police station where his detention was
authorized or, if it was authorized at more than one station, a custody officer
at the station where it was last authorized” there is substituted
“the custody officer appointed in relation to that person”.
3B Article 34
modified
In Article 34 of the Law –
(a) for paragraphs (1),
and (2) there is substituted –
“(1) The Agent of the
Impôts, or any person of at least the rank of senior officer of the
Impôts that the Agent of the Impôts may direct, must appoint a
custody officer in relation to any person for the time being in customs
detention.”;
(b) in paragraph (3),
for “unless he is an officer of the Force of at least the rank of
sergeant” there is substituted “unless he or she is employed in the
rank of officer of the Impôts or a higher rank”;
(c) in paragraph (4),
for “Any officer of the Force” there is substituted “Any
person employed in the rank of officer of the Impôts or higher
rank”;
(d) in paragraphs (7)(a)
and (9), for “an officer of the Force” wherever they appear there
is substituted “an employee in the rank of Officer of the Impôts or
higher rank”.
3C Article 35
modified
In Article 35(1) of the Law, for “the custody officer at
each police station where he is detained” there is substituted “the
custody officer appointed in relation to that person”.
3D Article 37
modified
In Article 37(1)(a) of the Law, for “all persons in
police detention at that station” there is substituted “all persons
in respect of whom he or she has been appointed custody officer”.
3E Article 41
modified
In Article 41(6B) of the Law, for “superintendent”
there is substituted “assistant director”.
3F Article 43
modified
In Article 43 of the Law –
(a) in paragraph (3)
for “for the police station at which he was charged” there is
substituted “appointed in relation to that person”;
(b) in paragraph (9) ,
after the item “sergeant” there is inserted the following
item –
“station customs
office”.
4 Article 50
modified
In Article 50 –
(a) in
paragraph (1)(a) and (b) for the words “the station” there
shall be substituted the words “the customs office”;
(b) at
the end of paragraph (11) there shall be added the words “designated
to perform functions and duties as such by the Agent of the
Impôts”.
5 Article 51 modified
In Article 51 of the
Law in paragraph (9) for the words “may not be carried out at a
police station” there shall be substituted the words “may be
carried out at a customs office only with the written consent of the person to
be searched”.
6 Article 57 modified
In Article 57 of the
Law in paragraphs (3)(a) and (4)(b) for the words “the police”
there shall be substituted the words “customs and excise”.
7 Article 58 modified
In Article 58 of the
Law –
(a) in
paragraph (1)(b), for the words “the Force” there shall be
substituted the words “the Force or customs and excise”;
(b) in
paragraph (7) –
(i) for
the words “the police” there shall be substituted the words
“customs and excise”,
(ii) for
the words “the Force or the Honorary Police” there shall be
substituted the words “the Force, the Honorary Police or customs and
excise”.
8 Article 75 modified
In Article 75(3) of
the Law, for the definition “independent person” there shall be
substituted the following definition –
“ ‘independent person’ does not include a
police officer, the Agent of the Impôts, an officer of the Impôts
or a person employed for, or engaged on, police purposes;”.
9 General modifications
(1) Subject
to the foregoing modifications, in the application of the Law to customs and
excise, for any reference to a police officer (other than a reference to an
honorary police officer) there shall be substituted a reference to an officer
of the Impôts.
(2) Subject
to the foregoing modifications, in the application of the Law to customs and
excise, for an expression in column 1 there shall be substituted the corresponding
expression in column 2 –
|
1
|
2
|
|
Chief Officer
|
Agent of the
Impôts
|
|
Chief Inspector
|
assistant
director
|
|
the Force
(except in
Article 75(3), in the definition “police purposes”)
|
the Impôts
|
|
Inspector
|
senior officer
|
|
police custody
|
customs custody
|
|
police detention
|
customs
detention
|
|
police station
|
customs office
|
|
sergeant
|
officer
|