States of Jersey
Police Force (General Provisions) (Jersey) Order 2016
THE MINISTER
FOR HOME AFFAIRS, in pursuance of Articles 10, 13, 32 and 33 of the States of Jersey Police Force Law 2012 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 –
Commencement [see endnotes]
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 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 or the Gambling (Jersey) Law 2012 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 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 Chief Officer may
extend, reduce or dispense with the period of probation and shall record his or
her reasons for doing so in writing.[1]
(4) Subject to paragraph (5),
the Chief Officer may terminate the appointment of a police officer at any time
during that police officer’s probation if the Chief Officer 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.[2]
(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 Chief Officer may
promote any police officer on permanent or temporary promotion.[3]
(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 Chief Officer 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.[4]
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.
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.
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 or the Gambling (Jersey) Law 2012 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.
(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
(“2000 Order”) and, in the event of any failure to abide by
the 2000 Order, the Police (Complaints and Discipline) (Jersey)
Law 1999 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 by the States of Jersey Police Force Law 2012, 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, shall continue to be so entitled as if
that Article remained in force.
14 [5]
15 Citation
This Order may be cited as the States of Jersey Police Force
(General Provisions) (Jersey) Order 2016.