Police
(Complaints and Conduct) (Jersey) Law 2022
Part 1
Interpretation and
application
1 Interpretation: general[1]
In this Law, unless the context indicates
otherwise –
“2005 Law” means the Employment of States of
Jersey Employees (Jersey) Law 2005;
“Chief Officer” and “Deputy Chief Officer” means
the Chief Officer and Deputy Chief Officer of the Force respectively appointed
to those offices under the Police Force Law and, in the case of the Deputy
Chief Officer, includes a person appointed to carry out the functions of that
office under Article 8(3) of that Law;
“Commission” means the
Jersey Police Complaints Commission referred to in Article 7;
“Comité
des Chefs de Police” means the Committee established under Regulation 8
of the Honorary Police (Jersey)
Regulations 2005;
“Comité
des Connétables” means the Connétables
of the 12 parishes;
“complaint” is construed in accordance with
Article 2;
“complainant” is a person described in Article 2(4);
“conduct matter” is construed in accordance with
Article 3;
“designated person” means –
(a) a
States’ employee designated under Article 26 (States’
employees designated to undertake police functions) of the Police Force Law;
or
(b) a
person designated under Article 27 (contractors undertaking police
functions) of the Police Force Law who is an employee of a contractor;
“DSI matter” is construed in accordance with
Article 4;
“Force” means the States
of Jersey Police Force continued in being by Article 2 of the Police
Force Law;
“Honorary Police Association” means the
Association established under Regulation 4 of the Honorary Police (Jersey)
Regulations 2005;
“Jersey Appointments Commission” is construed in
accordance with Article 17 of the 2005 Law;
“Law”
means the Police (Complaints and Conduct) (Jersey) Law 2022;
“Law Officers Department” is construed in
accordance with Article 1(1)(b) of the Departments of the Judiciary
and the Legislature (Jersey) Law 1965;
“Magistrate” has the meaning given in Article 1(1)
of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949;
“member of the Honorary Police” means a Centenier, Vingtenier or
Constable’s Officer;
“member of the Youth Court” is construed in
accordance with paragraph 1 of the Schedule to the Criminal Justice (Young
Offenders) (Jersey) Law 2014;
“Minister” means the Minister for Justice and Home
Affairs;
“Police Authority” means the Jersey Police
Authority established by Article 4 of the Police Force Law;
“Police Force Law” means the States of Jersey Police Force
Law 2012;
“police officer” has the meaning given in Part 1
of the Schedule to the Interpretation (Jersey) Law 1954;
“prescribed” means prescribed by Regulations;
“Professional Standards” means the standards of
professional behaviour set out in paragraphs 2 to 11 of Schedule 2;
“public authority” has the meaning given in
Article 1(1) of the Data Protection (Jersey) Law 2018;
“publish” in relation to reports, arrangements
or guidelines, means publish those items in a manner that is likely to bring them
to the attention of the public;
“reconsideration request” is construed in
accordance with Article 9(3);
“relevant Connétable”
means in the case of a member of the Honorary Police, the Connétable of the parish in which that member serves;
“serious injury” means a fracture, a deep cut, a
deep laceration or an injury causing damage to an internal organ or the
impairment of any bodily function;
“States’ employee” has the meaning given in Article 2
of the 2005 Law;
“States of Jersey Police Association” means the association
established under Article 12(1) of the Police Force Law.
2 Meaning of “complaint”
(1) Subject to paragraph (3), “complaint”
means a statement in writing (including in electronic
form) which is made by any person described in paragraph (4)
(“complainant”) expressing dissatisfaction about an act done by or on
behalf of –
(a) a
police officer;
(b) a
designated person; or
(c) a
person who, at the time of the act, was a serving police officer or designated
person.
(2) Without prejudice to the generality of paragraph (1),
an act may include the standard of any service provided.
(3) A Centenier’s
decision to charge or not to charge an individual in respect of an offence is
not an act in respect of which a complaint may be made under this Law.
(4) A complainant is any of the following –
(a) a
member of the public who claims to be the person in relation to whom the act
took place;
(b) a
member of the public not falling within sub-paragraph (a) who claims to
have been adversely affected by the act;
(c) a
member of the public who claims to have witnessed the act;
(d) a
person acting on behalf of a member of the public described in sub-paragraphs (a)
to (c); or
(e) a
member of the Force, a member of the Honorary Police or a designated person
acting otherwise than in the course of his or her
duty.
(5) For the purposes of paragraph (4)(b) a
complainant is adversely affected if he or she –
(a) suffers
any form of loss or damage, distress or inconvenience; or
(b) is
put in danger, or otherwise unduly put at risk of being adversely affected.
3 Meaning
of “conduct matter”
(1) “conduct
matter” means any matter which is not and has not been the subject of a
complaint (other than one which has been withdrawn) but in the case of which
there is an indication (whether from the circumstances or otherwise) that a
police officer or designated person may have –
(a) committed
a criminal offence; or
(b) behaved
in a manner which would justify the bringing of
disciplinary proceedings.
(2) “conduct”
in relation to a conduct matter includes acts, statements and decisions
(whether actual, alleged or inferred).
4 Meaning of “death or
serious injury matter”
(1) A death or serious injury matter, referred
to in this Law as a “DSI matter”, means any circumstances (other than those
which are or have been the subject of a complaint or which amount to a conduct
matter) –
(a) in
which or in consequence of which an individual has died or has sustained
serious injury; and
(b) in
relation to which the requirements of either paragraph (2) or (3) are
satisfied.
(2) The requirements of this paragraph are, that at the time of the death or serious injury the individual –
(a) had
been arrested by a police officer or designated person and had not been
released from that arrest; or
(b) was
otherwise detained in the custody of a police officer or designated person.
(3) The requirements of this paragraph are that –
(a) at
or before the time of the death or serious injury the individual had contact
(of whatever kind, and whether direct or indirect) with a police officer or
designated person who was acting in the execution of his or her duties; and
(b) there
is an indication that the contact may have caused (whether directly or
indirectly) or contributed to the death or serious injury.
5 Meaning of “other
relevant matter”
In Articles 8(1)(h) and 9(1)(b), “other
relevant matter” is any incident, not being a matter investigated under the
supervision of the Commission, in relation to which there is an indication that
a police officer or designated person has been involved.
6 Application and objective
of Law
(1) Except where express
provision is made to the contrary, whether by this Law or the Police Force Law,
nothing in this Law has effect in relation to a complaint or conduct matter in
so far as it relates to the Chief Officer or Deputy Chief Officer.
(2) The overriding objective of this Law is to
ensure effective arrangements for –
(a) the
handling and investigation of complaints, conduct matters and DSI matters; and
(b) the
disciplining of police officers.
(3) For the purposes of satisfying the
overriding objective, the Chief Officer, Deputy Chief Officer, Connétables of the parishes and Attorney General must
ensure that the respective functions conferred upon them under Part 3
(handling of complaints etc. and investigations) and under any Regulations made
under this Law, are carried out efficiently, expeditiously and impartially.
Part 2
Establishment and functions
of the Jersey Police Complaints Commission
7 Jersey Police
Complaints Commission
(1) The body corporate previously known as the
Jersey Police Complaints Authority established under Article 2 of the Police (Complaints and
Discipline) (Jersey) Law 1999 –
(a) is
to continue to exist; and
(b) is
to be known instead as the Jersey Police Complaints Commission.
(2) Schedule 1 makes further provision
about the constitution and operation of the Commission.
(3) The States may, by Regulations, amend this
Part or Schedule 1 for the purpose of amending the functions of the
Commission or otherwise making further provision about the Commission.
8 Functions of the
Commission
(1) The
Commission’s functions are, subject
to any Regulations under this Law –
(a) to
secure the maintenance by the Chief Officer in relation to members of the Force
and designated persons, and Connétables of the parishes
in relation to members of the Honorary Police, of –
(i) suitable arrangements
for the obtaining and preserving of evidence in accordance with Article 15,
and
(ii) the
register of complaints, conduct matters and DSI matters
referred to in Article 16;
(b) to
secure the maintenance by the
Deputy Chief Officer in relation to members of the Force and designated
persons, of suitable arrangements which generally accord with arrangements
implemented elsewhere in the British Islands, for the matters specified in Article 13(1);
(c) to
secure the maintenance by the Deputy Chief Officer in relation to members of
the Honorary Police, of suitable arrangements for the matters specified in Article 13(2);
(d) to
secure the maintenance by the Connétables of the parishes in relation to
members of the Honorary Police, of suitable arrangements for the matters
specified in Article 13(3);
(e) to
secure the maintenance by the Attorney General in
relation to members of the Honorary Police, of suitable arrangements for
the matters specified in Article 13(4);
(f) to
supervise the investigation of –
(i) any complaint or conduct
matter, and
(ii) any
DSI matter, complaint or conduct matter notified under Article 18;
(g) to
review prescribed decisions taken by the Deputy Chief Officer, relevant Connétable or Attorney General, and to recommend
any of those people, as the case may be, to take such
action as may be prescribed; and
(h) to
examine and report upon any other relevant matter if the Commission considers
that it would be in the public interest to do so.
(1A) The
States may, by Regulations, make further provision about the Commission’s
function to supervise the investigation of a complaint, conduct matter or DSI
matter referred to in paragraph (1)(f).[2]
(2) The
Commission must –
(a) keep
under review all the arrangements mentioned in paragraph (1)(a) to (e); and
(b) seek
to secure that those arrangements –
(i) are effective, efficient,
and expeditiously and impartially carried out,
(ii) contain,
and manifest an appropriate degree of independence, and
(iii) are
adhered to.
(3) The
Commission must discharge such functions as may be conferred by, or under, the Police
Force Law in relation to complaints, conduct matters and disciplinary
arrangements concerning the Chief Officer and Deputy Chief Officer.
(4) The Commission may do anything which appears to the
Commission to be calculated to facilitate, or is incidental or conducive to,
the carrying out of the Commission’s functions under this Law, or the Police
Force Law.
(5) Without
prejudice to the generality of paragraph (4), the Commission may, having
first consulted the Chief Officer, Deputy Chief Officer, Connétables
of the parishes, or Attorney General, as the case may be, issue guidance
concerning the exercise or performance of those peoples’ functions under this
Law, and in so doing the Commission may request any of those people to assist
in the preparation of that guidance where it is reasonable and practicable to
do so.
9 Power of the Commission
to make recommendations
(1) The Commission may make recommendations as
appear to the Commission to be necessary or desirable in the public interest,
in connection with –
(a) the
arrangements mentioned in Article 8(1)(a) to (e);
(b) the
practice of the Deputy Chief Officer or relevant
Connétable in relation to any relevant matter the Commission has examined
and reported on under Article 8(1)(h); and
(c) the
performance of the Chief Officer’s, Deputy Chief Officer’s and relevant Connétable’s duties under Article 15.
(2) Where paragraph (1) applies, or where
Regulations are made under paragraph (6), the Chief Officer, Deputy Chief
Officer, relevant Connétable or Attorney General, as the case
may be, must as soon as is reasonably practicable after receiving the
recommendations, notify the Commission in writing –
(a) as
to whether or not he or she is minded to accept the recommendations, whether in full or in part;
(b) of
the steps he or she proposes to take to implement the accepted recommendations;
and
(c) of
the reasons for not accepting the recommendations, whether in full or in part.
(3) If any of the people mentioned in paragraph (2)
determines not to accept the recommendations given under paragraph (1) or
(6), the Commission –
(a) may
request those people to reconsider that determination (referred to hereafter as
a reconsideration request); and
(b) must
give a statement of its reasons for making that request.
(4) In deciding whether or
not to issue a reconsideration request, the Commission must have regard
to –
(a) the
seriousness of the case; and
(b) the
public interest.
(5) The people mentioned in paragraph (2) must
have due regard to any reconsideration request.
(6) The States may, by Regulations, enable the
Commission to make recommendations in connection with –
(a) the
exercise of functions by any of the people mentioned in paragraph (2) under
any other provisions of this Law or Regulations; or
(b) particular complaints, conduct matters or DSI matters
including the conduct of investigations into those complaints or matters, and where
the Commission is exercising functions under the Police Force Law, any
complaints or conduct matters concerning the Chief Officer or Deputy Chief
Officer.
(7) Notwithstanding the generality of the power
under Article 10(4), the States may, by Regulations, enable the Commission
to disclose information about the recommendations it has made, notifications it
has received and reconsideration requests it has made under this Article, to
specified descriptions or categories of persons.
10 Reports
(1) As soon as practicable after the end of
each calendar year, the Commission must make a report to the Minister on the
carrying out of the Commission’s functions under this Law, and the Police Force
Law, during that year (the “annual report”).
(2) The Commission may also make reports to the
Minister about matters relating generally to the carrying out of the Commission’s
functions under this Law or the Police Force Law as the Minister may, from time
to time, request.
(3) The Commission may, from time to time, make
other reports to the Minister as the Commission considers appropriate for
drawing the Minister’s attention to matters which –
(a) have
come to the Commission’s notice; and
(b) are
matters which the Commission considers should be drawn to the Minister’s
attention by reason of their gravity or of other exceptional circumstances.
(4) The Commission’s annual report may include
the scope of any recommendations it has made, or reconsideration requests it
has made, and whether those recommendations have been accepted and implemented
to the Commission’s satisfaction, or whether those reconsideration requests have,
or have not, resulted in the reconsideration of a determination not to accept a
recommendation.
(5) The Minister must, as soon as practicable,
lay before the States and publish –
(a) every
annual report made under paragraph (1); and
(b) every
other report made under this Article but only if, and to the extent that, the
Minister considers it appropriate to do so.
11 Provision
of information to the Commission
(1) The
Chief Officer, Deputy Chief Officer, relevant Connétable or Attorney General
may supply the Commission with any information and
documents as may be specified or described in a notification given by the
Commission as appear to the Commission to be necessary for the purposes of the
carrying out of any of the Commission’s functions under this Law or the Police
Force Law.
(2) The
information and documents referred to in paragraph (1) must be information
and documents which the people mentioned in that paragraph would, apart from
paragraph (1), only lawfully be able to supply to the Commission, and provided
it appears to those people proportionate and reasonable to do so.
(3) Anything
falling to be supplied further to a notification given under paragraph (1)
must be supplied in the form and manner and within the period as may be
specified in the notification or in any subsequent notification given under
this Article.
(4) Nothing
in this Article requires the people mentioned in paragraph (1) to provide
the Commission with any information or document, or to produce any other thing,
before the earliest time at which it is practicable for those people to do so.
(5) A
requirement imposed by any notification under this Article may authorise or require
information or documents to which it relates to be provided to the Commission
electronically.
12 Disclosure of information
by the Commission
(1) No
information obtained by the Commission in connection with any of the
Commission’s functions under this Law or the Police Force Law may be disclosed
by any individual who is or has been a member, officer or staff of the
Commission except as otherwise in accordance with this Article.
(2) A
person who knowingly or recklessly discloses information in contravention of
paragraph (1) commits an offence and is liable to imprisonment for a term
of 2 years and to a fine.
(3) Information obtained by the Commission in connection with
any of the Commission’s functions under this Law or the Police Force Law may be
disclosed by the Commission –
(a) to
the Minister, Attorney General, or a member, officer or staff of the Commission;
or
(b) if
it is proportionate and reasonable to do so and in accordance with paragraph (4),
to any public authority in Jersey or elsewhere.
(4) The Commission may disclose information to
a public authority in Jersey, or elsewhere if –
(a) the
information has previously been lawfully disclosed to the public;
(b) the
disclosure is made in accordance with any enactment or order of a court;
(c) the
disclosure is necessary for the purpose of facilitating the exercise of any of
the Commission’s functions; or
(d) the
disclosure is made for the purposes of –
(i) the investigation or prosecution
of any offence (whether in Jersey or elsewhere), under any enactment or under
the customary law of Jersey, or
(ii) civil
or disciplinary proceedings.
(5) Information
disclosed by the Commission under this Article to any public authority must not
be further disclosed by that public authority except –
(a) for
a purpose connected with a function of that public authority; and
(b) with
the consent of the Commission.
(6) Consent
under paragraph (5) may only be given –
(a) in
relation to a particular disclosure; or
(b) in
relation to disclosures made in circumstances specified or described in the
consent.
Part 3
Handling of complaints etc.
and investigations
13 Arrangements
for handling complaints, conduct and DSI matters
(1) The
Deputy Chief Officer, in relation to members of the Force and designated
persons, must maintain suitable arrangements which generally
accord with arrangements implemented elsewhere in the British Islands, for –
(a) the
handling of complaints (including the resolution of complaints by mutual
agreement), conduct matters and DSI matters from initial
referral to their conclusion by way of disciplinary proceedings, or
otherwise, as the case may be;
(b) the
recording of the matters set out in Article 17; and
(c) the
conduct of investigations into complaints, conduct matters or DSI matters (as
the case may be) including the obtaining and preserving of evidence until the
complaint, conduct matter or DSI matter is concluded by way of disciplinary
proceedings, or otherwise, as the case may be.
(2) The Deputy Chief Officer in relation to
members of the Honorary Police, must maintain suitable arrangements for the
conduct of investigations into complaints, conduct matters or DSI matters (as
the case may be) involving those members including the obtaining and preserving
of evidence until the complaint, conduct matter or DSI matter is concluded by
way of disciplinary proceedings, or otherwise, as the case may be.
(3) The Connétables of the parishes, in relation to
members of the Honorary Police, must maintain suitable arrangements for –
(a) the
handling of complaints, conduct matters and DSI matters from initial referral up
to, and including the initiation of any investigation into those complaints or
matters; and
(b) the
resolution of complaints by mutual agreement.
(4) The Attorney General, in relation to
members of the Honorary Police, must maintain suitable arrangements for –
(a) the
recording of the matters set out in Article 17; and
(b) the
handling of complaints, conduct matters and DSI matters after any investigation
into those complaints or matters has occurred until such time as the complaints
or matters in question are concluded by way of disciplinary proceedings, or
otherwise.
(5) The Deputy Chief Officer, Connétables and Attorney General must publish the
details of their respective arrangements.
(6) Before publishing their respective
arrangements –
(a) the
Deputy Chief Officer, Connétables and Attorney General must seek the views of the Commission and have due
regard to those views; and
(b) the
Connétables must also seek the views of the Comité des Connétables and Comité des Chefs de Police.
(7) The
Deputy Chief Officer, Connétables and Attorney
General must, in the manner as each so determines, keep the Commission and, as the case may be,
the Comité des Connétables
and Comité des Chefs de Police informed about –
(a) the
maintenance of their respective arrangements so that the Commission and, as the case may be, the Comité
des Connétables and Comité
des Chefs de Police may be satisfied that those arrangements continue to be
suitable; and
(b) improvements
to policy or practice that have resulted from complaints, conduct matters or
DSI matters.
14 Disclosure of information
by the Deputy Chief Officer or Attorney General
(1) If it appears to be
in the public interest to do so, information obtained by the Deputy Chief
Officer or the Attorney General in connection with any of his or her functions
under this Law, may be disclosed to any public authority in Jersey or
elsewhere.
(2) Information disclosed under this Article to
any public authority must not be further disclosed except –
(a) for
a purpose connected with a function of that public authority; and
(b) with
the consent of the Deputy Chief Officer or the Attorney General.
(3) Consent under paragraph (2) may only be
given –
(a) in
relation to a particular disclosure; or
(b) in
relation to disclosures made in circumstances specified or described in the
consent.
15 Duties to preserve
evidence relating to complaints, conduct and DSI matters
(1) In
relation to any complaint, conduct matter or DSI matter, the Chief Officer, in
relation to members of the Force and designated persons, and the Connétables of the parishes in relation to members of the
Honorary Police, must respectively take all steps as appear to be appropriate
for the purposes of this Law and Regulations made under Article 22, for
obtaining and preserving evidence relating to a complaint, conduct matter or
DSI matter, as the case may be.
(2) The
Chief Officer’s or relevant Connétable’s duty under
paragraph (1) must be performed as soon as practicable after he or she becomes
aware of the complaint or matter in question.
(3) After
that, the Chief Officer or relevant Connétable must
continue to take the steps from time to time appearing to him or her to be
appropriate, for obtaining and preserving evidence relating to the complaint or
matter until –
(a) he
or she is satisfied that it is no longer necessary
to do so; or
(b) the
Deputy Chief Officer launches an investigation (if any) into the complaint or
matter.
16 Duties in relation to
register of complaints, conduct and DSI matters
(1) The Chief Officer,
in relation to members of the Force and designated persons, and the Connétables of the parishes, in relation to members of
the Honorary Police, must respectively maintain a register of
complaints, conduct matters and DSI matters.
(2) Subject to Regulations made under Article 22,
the Chief Officer and Connétables,
as the case may be, must record in their respective registers, in
relation to each complaint, conduct matter or DSI matter –
(a) the nature of it;
(b) the steps taken in
dealing with it; and
(c) the outcome of it.
(3) The Chief Officer or Connétables
must make the register available to the Commission, when so requested.
17 Duty to keep records
(1) The
Deputy Chief Officer in relation to members of the Force and designated persons,
and the Attorney General in relation to members of the
Honorary Police must respectively keep records in the form he or she
determines, of –
(a) every
complaint, conduct matter or DSI matter that is referred to the Deputy Chief
Officer, Attorney General or the Commission, as the case may be;
(b) disciplinary
proceedings against members of the Force, designated persons or members of the
Honorary Police, as the case may be; and
(c) matters
constituting or involving the commission of a criminal offence by members of
the Force, designated persons or members of the Honorary Police, as the case
may be.
(2) In the case of members of the Force and designated
persons, records kept by the Deputy Chief Officer must be retained for a period
which generally accords with guidance on the minimum standards for the
retention and disposal of police records adopted by police forces elsewhere in
the British Islands.
(3) Nothing in this Article is to be taken as
derogating from the requirements of the Data Protection (Jersey) Law 2018.
18 Investigation of DSI
matters and complaints or conduct matters where death or serious injury has
occurred
(1) Subject to paragraph (3), it is the
duty of the Deputy Chief Officer to determine whether or not
it is necessary, in every case, to investigate –
(a) DSI
matters;
(b) complaints
alleging that the conduct or other matter complained of has resulted in death
or serious injury; or
(c) conduct
matters where those matters relate to any incident or circumstances in which or
in consequence of which an individual has died or suffered serious injury.
(2) The Deputy Chief Officer must, without
delay, notify the Commission and, in a case involving a member of the Honorary
Police, the Attorney General of any DSI matter, and any complaint or conduct
matter described in paragraph (1).
(3) If it appears to the Deputy Chief Officer
that the DSI matter, complaint or conduct matter, as the case may be, does not
require investigation, the notification under paragraph (2) must include the
Deputy Chief Officer’s reasons for that view and give details
of the proposed alternative manner of dealing with that DSI matter, complaint or conduct
matter, if any.
19 Duty to keep complainant,
police officer or designated person informed
(1) In any case in which there is an
investigation of a complaint, it is the duty of the Deputy Chief Officer to
provide the complainant, police officer or designated person concerned with all
information as will keep the individual concerned properly informed, while the
investigation is being carried out and subsequently, of all the matters
mentioned in paragraph (2).
(2) The matters of which the people mentioned
in paragraph (1) must be kept properly informed are –
(a) the
progress of the handling of the complaint;
(b) the
outcome of the handling of the complaint; and
(c) any
other matters as may be specified in Regulations.
(3) The duties imposed by this Article on the Deputy
Chief Officer must be performed in the manner, and have effect subject to the
exceptions, as may be provided for by Regulations.
(4) Regulations providing for any exceptions
from the duties imposed by this Article or Article 20 may be made for the following
purposes –
(a) preventing the premature
or inappropriate disclosure of information that is relevant to, or may be used
in, any actual or prospective criminal proceedings;
(b) preventing
the disclosure of information in any circumstances in which it has been
determined in accordance with the Regulations that its non-disclosure –
(i) is in the interests of
national security,
(ii) is
for the purposes of the prevention or detection of crime, or the apprehension
or prosecution of offenders,
(iii) is
justified on proportionality grounds, or
(iv) is
otherwise necessary in the public interest.
(5) The
non-disclosure of information is justified on proportionality grounds if its
disclosure would cause, directly or indirectly, an adverse effect which would
be disproportionate to the benefits arising from its disclosure.
20 Duty to provide
information to other people
(1) An individual has an interest in being kept
properly informed about the handling of a complaint, conduct matter or DSI
matter if –
(a) it
appears to the Deputy Chief Officer, relevant Connétable or Attorney General, as the case may be, that the individual is a person described
in paragraph (2), (3) or (4); and
(b) that
individual has indicated that he or she consents to the provision of
information to him or her in accordance with this Article and that consent has
not been withdrawn.
(2) In the case of a complaint that relates to
the conduct of a police officer or designated person, or a conduct matter, an
individual falls within this paragraph, if –
(a) the
individual is a relative of a person whose death is the alleged result from the
conduct complained of or to which the conduct matter relates;
(b) the
individual is a relative of a person whose serious injury is the alleged result
from that conduct and that person is incapable of making a complaint; or
(c) the
individual has suffered serious injury as the alleged result of that conduct.
(3) In the case of a DSI matter, an individual
falls within this paragraph if –
(a) the
individual is a relative of the person who has died;
(b) the
individual is a relative of the person who has suffered serious injury and that
person is incapable of making a complaint; or
(c) the
individual is the person who has suffered serious injury.
(4) An individual who does not fall within
paragraph (2) or (3) has an interest in being kept properly informed about
the handling of a complaint, conduct matter or DSI matter if the Deputy Chief
Officer, relevant Connétable or Attorney General, as
the case may be, considers that the individual has an interest in the handling
of the complaint, conduct matter or DSI matter which is sufficient to make it
appropriate for information to be provided to that individual in accordance
with this Article.
(5) In relation to a complaint, this Article confers
no rights on the complainant.
(6) An individual who falls within paragraph (2),
(3) or (4) is referred to in the following provisions of this Article as an
“interested person”.
(7) In any case in which there is an
investigation of a complaint, conduct matter or DSI matter under this Law, it
is the duty of the Deputy Chief Officer to provide the interested person with
all the information as will keep the interested person properly informed while
the investigation is being carried out and, subsequently, it is the duty of the
Deputy Chief Officer or Attorney General, as the case may be, to keep the
interested person properly informed of all the matters specified in paragraph (8).
(8) Those matters are –
(a) the
progress of the handling of the complaint, conduct matter or DSI matter;
(b) the
outcome of the handling of the complaint, conduct matter or DSI matter;
(c) any
other matters as may be prescribed.
(9) The generality of paragraph (8)(a) and
(b) is not affected by any requirement to notify an interested person that is
imposed by any other provision of, or under, this Law.
(10) The
duties imposed by this Article on the Deputy Chief Officer, relevant Connétable
or Attorney General in relation to any complaint, conduct matter or DSI matter
must be performed in the manner, and have effect subject to the exceptions, as
may be provided for by Regulations.
(11) Article 19(4)
and (5) applies for the purposes of this Article.
(12) In
this Article “relative” means any spouse, partner (including civil partner), parent
or child who has attained the age of 18.
Part 4
Final provisions
21 Standards of professional
behaviour
(1) Schedule 2 sets out the standards of
professional behaviour required of police officers and designated persons.
(2) The States may by Regulations amend
Schedule 2 for the purpose of amending the application of that Schedule or
the Professional Standards set out in it.
(3) Regulations under this Article may only be
made after the Minister has consulted –
(a) the
Chief Officer and Deputy Chief Officer;
(b) the
Attorney General;
(c) the
Comité des Connétables;
(d) the
Comité des Chefs de Police;
(e) the
States of Jersey Police Association; and
(f) the
Honorary Police Association.
22 Regulations as to
procedures
(1) The States may make Regulations as to the
procedure to be followed under any provision of this Law and,
in particular, without prejudice to the generality of that power or of any other
power to make Regulations under this Law, provide –
(a) for
the initial submission and recording of complaints or conduct matters;
(b) for
the complainant and the individual complained against to be supplied with a
copy of the record made of the complaint;
(c) for
the specifying of descriptions of complaints or conduct matters that are not
required to be recorded;
(d) for
the notification to the Commission of specified descriptions of conduct
matters;
(e) for
complaints about police officers or designated persons, to be resolved by way
of mutual agreement; for giving any of those individuals an opportunity to
comment orally or in writing on the complaint; and for giving the complainant a
record of the outcome of any procedure;
(f) for
the referral to the Law Officers Department of a complaint, conduct matter or
DSI matter, from which it can be reasonably inferred that a police officer or designated
person may have committed a criminal offence;
(g) for
the investigation of any complaint, conduct matter or DSI matter whether
supervised by the Commission or otherwise, including the appointment of people
to conduct investigations or to assist with the conduct of investigations and
for conferring functions on those people;
(h) for
the suspension of a police officer or designated person pending the completion
of an investigation of any complaint, conduct matter or DSI matter;
(i) for the circumstances in
which any investigation or other procedure under this Law may be or must be
suspended to allow a criminal investigation or proceedings to continue, and for
the consequences of a suspension;
(j) for
any procedure for the purposes of this Law to be discontinued, and for the
consequences of any discontinuance, including where –
(i) a complaint is
withdrawn, or the complainant indicates that he or she does not wish any
further steps to be taken, or
(ii) the
whole or part of the investigation of the complaint has been suspended until
the conclusion of criminal proceedings;
(k) for
requiring the subject-matter of a complaint that has been withdrawn to be
treated for the purposes of this Law, in the cases and to the extent specified
in the Regulations, as a conduct matter;
(l) for
the procedure to be followed in cases in which the Commission relinquishes the
supervision of any investigation and for the consequences of the Commission
doing so;
(m) for
the procedures of the Commission in discharging its functions under this Law,
including the discharge of any function of the Commission by one or more of the
Commission’s members;
(n) for
applying provisions made by or under this Law, with modifications as the States
think fit, in cases where a complaint or conduct matter relates to an individual
who has ceased to be a police officer or designated person since the time of
the act complained about, or the conduct in question;
(o) for
applying provisions made by or under this Law, with modifications as the States
thinks fit, in cases where a complaint or conduct matter relates to an individual –
(i) whose identity is
unascertained at the time at which a complaint is made
or a conduct matter is recorded,
(ii) whose
identity is not ascertained during, or subsequent to,
the investigation of a complaint or conduct matter;
(p) for
the Deputy Chief Officer or Attorney General to assess whether a complaint is
likely to result in disciplinary proceedings, and if not, to assess what if any
other action may be appropriate, including resolution by mutual agreement;
(q) for
establishing procedures to deal with conduct of police officers or designated
persons which requires action other than disciplinary proceedings;
(r) for
the Deputy Chief Officer and Attorney General to have power to delegate the
exercise or performance of powers or duties conferred or imposed on them by or
under this Law;
(s) for the manner in which any notification for the purposes of
any provision made by or under this Law is to be given and the time at which,
or period within which, any notification must be given;
(t) for
enabling representations on behalf of an individual complained about or to whose
conduct an investigation relates, to be made to the
Commission by a person who is not that individual’s legal representative but is
of a description specified in the Regulations;
(u) for
the conduct of disciplinary proceedings in respect of a police officer,
including provision for the representation of an officer at a hearing and for
the disclosure of documents to the officer for the purposes of the hearing;
(v) for
the maintaining by the Police Authority of a list of people who may be
appointed to conduct disciplinary proceedings;
(w) for
disciplinary action to be taken in respect of a police officer whose conduct amounts
to misconduct, including contravention of any of the Professional Standards;
(x) for
conferring a complainant with a right of review in relation to decisions
prescribed under Article 8(1)(g), taken by the Deputy Chief Officer,
relevant Connétable or Attorney General, as the case may;
(y) for
conferring a complainant, police officer or designated person with a right of
appeal; for the establishment of an appeal panel to hear appeals from
disciplinary proceedings; for making provision about costs and for the conduct
of appeals generally.
(2) Regulations under this Law may be framed so
as to apply in respect of a specified rank of police officer, or to apply in
relation to particular cases, description or category of cases or person, or to
exclude a rank or case from their application, and may include exceptions or
conditions as appear to the States to be expedient for the purposes of the Regulations.
(3) The States may by
Regulations amend this Article for the purpose of amending the scope of
Regulations which may be made under paragraph (1).
23 Consequential amendments,
repeals, savings and transitional provisions
(1) The States may, by Regulations, amend any
enactment, including this Law, for the purpose of making transitional,
consequential, incidental, supplementary or savings provisions as the States
consider necessary or expedient in consequence of any provision made by or
under this Law.
(2) The States may, by Regulations, amend this
Law (and Regulations under this Law) to substitute another person for the
Deputy Chief Officer.
(3) Any Regulations under this Law may contain
transitional, consequential, incidental or supplementary provisions as appear
to the States to be expedient for the purposes of the Regulations.
(4) A power to make Regulations under this Law
for the purpose of amending a provision of this Law, includes the power to make
transitional, consequential, incidental or supplementary amendments to any
other provision of this Law as appears to the States to be necessary or
expedient.
(5) The following enactments are repealed –
(a) the Police (Complaints and Discipline) (Jersey) Law 1999 (the “1999 Law”);
(b) the
Police (Complaints and
Discipline Procedure) (Jersey) Order 2000;
(c) the
Police (Honorary Police
Complaints and Discipline Procedure) (Jersey) Regulations 2000.
(6) Despite the repeal of the enactments
specified in paragraph (5), those enactments are to continue to have
effect for the purposes of –
(a) concluding
any investigation, disciplinary or appeal proceedings commenced under those
enactments before the specified commencement day; and
(b) bringing
an appeal in relation to disciplinary proceedings commenced before the specified
commencement day but which are concluded whether before or after that day.
(7) Any function conferred upon the Jersey
Police Complaints Authority by the enactments specified in paragraph (5) are,
for the purposes of paragraph (6), taken to be functions conferred upon
the Commission.
(8) The members of the
Jersey Police Complaints Authority who were in office immediately before
the specified commencement day –
(a) may
continue to serve as members of the Commission until their 3 year
term of appointment specified in the Schedule to the 1999 Law expires, or
their appointment is terminated earlier under paragraph 3 of Schedule 1;
and
(b) subject
to paragraphs 2 and 3 of Schedule 1, are eligible for re-appointment.
(9) The Chairman of the Jersey Police
Complaints Authority who was in office immediately before the specified
commencement day –
(a) may
continue to serve as chair of the Commission as if that individual were so
designated by the Minister under paragraph 2(5) of
Schedule 1, and until his or her 3 year
term of appointment specified in the Schedule to the 1999 Law expires; and
(b) is
eligible to be designated to serve as chair or deputy chair of the Commission for
a further period as the Minister may determine under paragraph 2(5) of
Schedule 1.
(10) In
this Article “specified commencement day” means a day specified in accordance
with Article 24.
(11) [3]
24 Citation and commencement
This Law may be cited as the Police (Complaints and Conduct) (Jersey) Law 2022
and comes into force on a day to be specified by the States by Act.
Schedule 1
(Article 7(2))
The Jersey Police Complaints Commission
1 Incorporation of the
Commission
The Commission is a body corporate.
2 Constitution of the
Commission
(1) The
Commission is to consist of a minimum of 3 and a maximum of 12 members.
(2) Members
of the Commission must be appointed by the Minister, and Article 2 of the States of Jersey
(Appointment Procedures) (Jersey) Law 2018 applies to their
appointment.
(3) The
Jersey Appointments Commission must oversee the appointment of members of the
Commission in accordance with Article 23 of the 2005 Law, and a
person whose appointment is so overseen is to be treated as a States’ appointee
for the purposes of Part 4 of the 2005 Law.
(4) When
appointing a person as a member of the Commission the Minister must –
(a) have regard to the need
to encourage diversity in the range of people appointed; and
(b) determine
the period of the appointment, being not more than 4 years.
(5) The
Minister must, from among the members of the Commission, designate one as the
chair and another as the deputy-chair for a period as the Minister may
determine, being not more than 4 years.
(6) The
Minister may, subject to sub-paragraph 3, re-appoint a member of the
Commission when the member’s period of appointment expires (and references in
this paragraph to appointment include re-appointment).
(7) A
person may not be a member of the Commission if –
(a) the person has been, is,
or becomes a member of the Force, Honorary Police or of any other police force;
(b) the person has been, is,
or becomes a member of the States (within the meaning of the States of Jersey
Law 2005), the Magistrate, a judge of the Royal Court, Jurat or member
of the Youth Court;
(c) the person is working or starts
working, whether as a States’ employee, or under a contract for services, in
any administration of the States for which the Minister is responsible; or
(d) the person has been, is,
or becomes a member of an equivalent body to the Commission established in
another jurisdiction.
3 Termination of
member’s appointment
(1) A
member may resign from the Commission by giving not less than 3 months’
notice in writing to the Minister and the Minister must, as soon as practicable
after receiving that notice of resignation, inform the States of it.
(2) The
Minister may terminate the appointment of a member of the Commission by giving that
individual not less than 3 months’ notice in writing.
(3) A
notice given under sub-paragraph (2) must include the grounds for
terminating the appointment which may include, but not limited, to any of the
following –
(a) the member has without
reasonable cause failed to carry out the member’s duties;
(b) the member has become
bankrupt;
(c) the member is
incapacitated by physical or mental illness; or
(d) the member is otherwise
unable or unfit to perform his or her duties.
(4) Article 3
of the States
of Jersey (Appointment Procedures) (Jersey) Law 2018 applies to the
termination of the appointment of a member of the Commission under sub-paragraph (2).
(5) A
member’s appointment automatically terminates if –
(a) the period for which the
member was appointed expires without re-appointment;
(b) the member becomes a
person who is ineligible to be a member of the Commission by virtue of
paragraph 2(7);
(c) the member is convicted
of a criminal offence; or
(d) the member completes 12 years’
service (whether consecutively or in aggregate) as a member of the Commission.
4 Resources, expenses
and accounts
(1) The
Minister must ensure that the Commission is provided with administrative and
other support, including staff, services and accommodation, as the Commission
may reasonably require for the purpose of discharging the functions of the
Commission under this Law or the Police Force Law.
(2) The
Minister may determine the expenses of the Commission and of its members, and
those expenses are to be paid out of the revenue of the States.
(3) The
expenses of the Commission may include the costs of legal advice, engaging
persons to advise upon, conduct or supervise an investigation, or any other
advice as is required to facilitate, or is conducive or incidental to the
discharge of the Commission’s functions.
(4) The
Minister must cause to be kept records and accounts of the finances of the
Commission.
5 Method of operation
(1) The
Commission may determine the arrangements for the proceedings of the Commission
(including the quorum for meetings and the establishment of committees).
(2) The
arrangements may include provision for the committees established under the
arrangements to include members of the Commission, its staff and other persons
who are not members of the Commission.
(3) The
Commission must prepare guidelines for the Commission’s members, which it may
publish as it considers appropriate, to assist in the carrying out their
functions.
6 Limitation of civil
liability
(1) This
paragraph applies to –
(a) a person who is or has
been a member of the Commission; and
(b) a person who is, or has
been a member of staff, or is acting or has acted as an agent of the
Commission, or who is performing any duty or exercising any power on behalf of
the Commission.
(2) A
person to whom this paragraph applies is not liable in damages for any act done
in the discharge, or purported discharge, of the functions of the Commission by
or under this Law or any other enactment.
(3) Sub-paragraph (2)
does not apply –
(a) if it is shown that the
act was done in bad faith; or
(b) so as
to prevent an award of damages made in respect of an act on the ground
that the act was unlawful as a result of Article 7(1)
(public authorities and the States Assembly) of the Human Rights
(Jersey) Law 2000.
7 Complaints against the
Commission
(1) The
Commission must maintain suitable arrangements for the handling of any
complaint made to the Commission expressing dissatisfaction about an act done by
the Commission or by any member of the Commission's staff.
(2) Before
making those arrangements, the Commission must consult the Minister and any
other persons it deems appropriate, as to what those arrangements should be.
Schedule 2
(Article 21)
Standards of professional behaviour
1 Application and
interpretation
(1) A
police officer may be subject to disciplinary proceedings where it appears that
the police officer has contravened any of the Professional Standards set out in
paragraphs 2 to 11 of this Schedule.
(2) The
making of a protected disclosure by a police officer is not a contravention of
the Professional Standards.
(3) In
this Schedule –
(a) “police officer” includes
the Chief Officer, Deputy Chief Officer and designated persons;
(b) “proceedings” include a
parish hall inquiry into an allegation that an offence has been committed;
(c) “protected disclosure”
means any disclosure of information which, in the reasonable belief of the
police officer making the disclosure, is made in the public interest and tends
to show one or more of the following –
(i) that a criminal offence has been committed, is being committed
or is likely to be committed,
(ii) that a person has
failed, is failing or is likely to fail to comply with any legal obligation to
which he or she is subject,
(iii) that a miscarriage of
justice has occurred, is occurring or is likely to occur,
(iv) that the health or safety
of any individual has been, is being or is likely to be endangered, or
(v) that information tending
to show any matter falling within any one of the preceding sub-paragraphs has been, or is likely to be deliberately concealed.
(4) For
the purposes of sub-paragraph (3)(c), it is immaterial whether the
relevant failure occurred, occurs or would occur in Jersey or elsewhere, and
whether the law applying to it is that of Jersey or of any other country or
territory.
(5) A
disclosure of information is not a protected disclosure if the person making
the disclosure commits an offence by making it.
2 Honesty and integrity
Police officers must –
(a) be honest;
(b) act with integrity; and
(c) not compromise or abuse
their position.
3 Authority, respect and
courtesy
(1) Police
officers must act with self-control and tolerance, treating members of the
public and colleagues with respect and courtesy.
(2) Police
officers must not abuse their powers or authority and must respect the rights
of all individuals.
4 Equality and diversity
(1) Police
officers must act with fairness and impartiality.
(2) Police
officers must not discriminate unlawfully or unfairly.
5 Use of force
Police officers must only use force to the extent that it is
necessary, proportionate and reasonable in all the circumstances.
6 Orders and
instructions
(1) Police
officers must only give and carry out lawful orders and instructions.
(2) Police
officers must –
(a) in the case of members of
the Force and designated persons, abide by Force policies;
(b) in the case of members of
the Honorary Police, abide by –
(i) any policies referred to in Article 6A (functions) of the Honorary
Police (Jersey) Regulations 2005, issued by the Connétable of the
parish in which that member serves, and
(ii) any directions,
directives or guidance issued by the Attorney General;
(c) comply with –
(i) lawfully given orders, and
(ii) any requirements imposed
on them by, or under, any enactment.
7 Duties and
responsibilities
(1) Police
officers must be diligent in the exercise of their duties and responsibilities.
(2) In
line with the expectation set out in sub-paragraph (1), police officers
when identified as witnesses are responsible for co-operating appropriately, and
participating openly and professionally during investigations, inquiries and formal proceedings.
8 Confidentiality
Police officers must treat information with respect and access or
disclose it only in the proper course of police duties.
9 Fitness for duty
Police officers, when on duty or presenting themselves for duty,
must be fit to carry out their responsibilities.
10 Discreditable conduct
(1) Whether
on or off duty, police officers must behave in a manner which does not
discredit, or undermine public confidence in, the Force or Honorary Police, as
the case may be.
(2) Police
officers must report any proceedings taken against them for a criminal offence
and any penalty or conditions imposed, or caution given under those
proceedings.
11 Challenging and
reporting improper conduct
Police officers must report, challenge or take
action against the conduct of colleagues which contravenes the Professional
Standards required of them.
Schedule 3[4]