States of Jersey Police Force
Law 2012
A LAW to
provide for the administration and supervision of the States of Jersey Police
Force, the establishment of a Jersey Police Authority, the establishment of
arrangements for independent custody visiting in order to monitor the detention
of persons in the custody of the police or immigration or customs officers and
for connected purposes.[1]
Commencement [see endnotes]
Interpretation
1 Interpretation[2]
In this Law, unless the context otherwise requires –
“2003 Law” means the Police Procedures and Criminal Evidence (Jersey)
Law 2003;
“Annual Policing Plan” shall be construed in accordance
with Article 19;
“Appointments Commission” means the Jersey Appointments
Commission established under Article 17 of the Employment of States of Jersey Employees (Jersey)
Law 2005;
“Chief Officer” means the Chief Officer of the States
Police Force;
“Deputy Chief Officer” means the Deputy Chief Officer of
the States Police Force;
“financial year” has the same meaning as in the Public Finances (Jersey) Law 2019;
“functions” includes powers and duties;
“member of the States” has the same meaning as in the States of Jersey Law 2005;
“Minister” means the Minister
for Justice and Home Affairs;
“Police Authority” means the Jersey Police Authority
established under Article 4;
“police officer” means a police officer in the States
Police Force;
“States’ employee” has the same meaning as in
Article 2 of the Employment of States of Jersey Employees (Jersey)
Law 2005;
“States Employment Board” means the States Employment
Board established under Article 4 of the Employment of States of Jersey Employees (Jersey)
Law 2005;
“States Police Force” or “Force” means the
States of Jersey Police Force continued in being by Article 2;
“terms and conditions of appointment”, in respect of a
police officer, means the officer’s –
(a) periods
of leave of absence (whether by way of annual leave or otherwise) and leave on
medical grounds (including pay and allowances while on such leave);
(b) scale
of pay, allowances, gratuities and expenses; and
(c) hours
of duty.
States
of Jersey Police Force
2 States
of Jersey Police Force
The States of Jersey Police Force continues as a police force.
Minister’s
functions
3 Functions
of Minister
(1) The Minister has
overall and ultimate responsibility for the functioning of the States Police
Force.
(2) The Minister shall be
responsible for ensuring that the Police Authority carries out its functions
listed in Article 4 effectively.
(3) The Minister, after
consulting the Police Authority and the Chief Officer –
(a) must
set policies in relation to the key aims and objectives of the States Police
Force;
(b) may
set management policies of the States Police Force in areas which may impact on
the Force’s reputation or image or on the reputation of Jersey and its
people.
(4) The Minister must,
after consulting the Police Authority and the Chief Officer, determine the
ranks in the States Police Force.[3]
(5) Articles 18(6), 19(3), 20(3)
and 26(5) set out the other duties of the Minister in this Law.
Jersey
Police Authority
4 Jersey
Police Authority[4]
(1) The
Jersey Police Authority is established.
(2) The
Jersey Police Authority’s main duties are –
(a) to
promote and support continuous improvement in the policing of Jersey; and
(b) to
oversee the performance of policing services by the States Police Force.
(3) The
Jersey Police Authority must seek from the Minister any additional resources
needed to enable –
(a) the
States Police Force to deliver the key aims and objectives referred to in
Article 3(3)(a); and
(b) the
Police Authority to perform its duties.
5 Membership
of the Police Authority
(1) The Police Authority shall
consist of not less than 5 and not more than 7 members
comprising –
(a) a
Chairman, not being an elected member of the States, appointed by the Minister;
(b) up to
4 members, not being elected members of the States, appointed by the
Minister and the Chairman;
(c) up to
2 members, being elected members of the States, appointed by the States by
secret ballot.
(2) An appointment under
paragraph (1)(a) or (b) must not be made unless the Appointments
Commission has been consulted in relation to that appointment.
(3) A member of the Police
Authority appointed under paragraph (1)(a) or (b) may be appointed
for a maximum period of 4 years and upon expiry of appointment is eligible
for reappointment.
(4) The term of office of a
member of the Police Authority appointed under paragraph (1)(c) shall
expire on the day on which the States are reconstituted after the next ordinary
election under the States of Jersey Law 2005 following such appointment
unless the member ceases to be a member of the Police Authority earlier than
that date under this Article.
(5) A member of the Police
Authority appointed under paragraph (1)(c) whose term of office has
expired is eligible for reappointment.
(6) None of the following
may be appointed as a member of the Police Authority –
(a) a
police officer;
(b) a
person who is a member of the Honorary Police;
(c) an
office holder of a Crown appointment;
(d) the
Minister or his or her Assistant Minister;
(e) a
Connétable;
(f) a
States’ employee;
(g) a
person who is bankrupt, whether under the law of Jersey or under the law of a
country or territory outside Jersey;
(h) a
person who has been a police officer at any time during the previous
5 years; or
(i) a
person who has been a member of the Honorary Police at any time during the
previous 5 years.
(7) A member of the Police
Authority shall hold office in accordance with such terms of his or her
appointment as the Minister may determine, including any terms relating to
remuneration and payment of out of pocket expenses.
(8) A member of the Police
Authority –
(a) appointed
under paragraph (1)(a) or (b) may resign from office by giving written
notice of resignation to the Minister;
(b) appointed
under paragraph (1)(c) may resign from office by giving written notice of
resignation to the Greffier of the States and the Minister.
(9) The Minister may remove
a member of the Police Authority appointed under paragraph (1)(a) or (b)
from office –
(a) if,
without the approval of its Chairman or in the case of the Chairman, the
approval the Minister, the member has been absent from 3 consecutive
meetings of the Police Authority;
(b) if,
in the Minister’s opinion, the member has, without good reason, failed to
carry out his or her duties as a member;
(c) if,
in the Minister’s opinion, the member is no longer a fit and proper
person to be a member; or
(d) if,
due to physical incapacity or a lack of capacity within the meaning of Article 4
of the Capacity and Self-Determination (Jersey)
Law 2016, the member is unable to perform his or her duties as a member.[5]
(10) The Minister may remove a
member of the Police Authority appointed under paragraph (1)(b) only
following the recommendation of the Chairman.
(11) The States may, following a proposition
lodged by the Minister, remove a member of the Police Authority appointed under
paragraph (1)(c) on any ground described in paragraph (9).
(12) A person ceases to hold
office as a member of the Police Authority if the member becomes a person referred
to in paragraph (6).
6 Meetings
of the Police Authority
(1) The Chairman of the
Police Authority must fix the time and place for meetings of the Police
Authority.
(2) At a meeting of the
Police Authority –
(a) a
majority of the members appointed to the Police Authority at that time is a quorum;
(b) the
Chairman presides but if the Chairman is absent the members present must elect
one of their number to preside;
(c) matters
arising are to be decided by a majority of the members voting but if there is
an equality of votes the member presiding has a casting vote;
(d) minutes
must be kept;
(e) the
Police Authority may otherwise determine its procedures.
7 Power
of Minister to direct the Police Authority
(1) The Minister may
request that the Police Authority enquire into and provide a report to the
Minister on any matter relating to the States Police Force.[6]
(2) If a report mentioned
in paragraph (1) identifies an area for improvement, a training need or any
inadequacy in the States Police Force, the Minister may direct the Police
Authority to ensure that the States Police Force takes appropriate action.[7]
(3) If a report of an
inspection undertaken under Article 28AB identifies that the Police
Authority is not adequately carrying out its duties, the Minister may direct
the Police Authority to take remedial measures.[8]
Terms and conditions of appointment of
police officers
8 Chief
Officer and Deputy Chief Officer
(1) The States Police Force
shall have a Chief Officer and a Deputy Chief Officer.
(2) The Deputy Chief
Officer must carry out the functions of the office of Chief Officer
if –
(a) the
office of Chief Officer is vacant; or
(b) the
Chief Officer is unable to do so.
(3) The Minister may, after
consultation with the Chief Officer if practicable, appoint a person to carry
out the functions of the office of Deputy Chief Officer whilst –
(a) the
office is vacant; or
(b) the
holder of the office is unable to perform the functions of the office.[9]
(4) References in this Law
to the “Chief Officer” or to the “Deputy Chief Officer”
shall be to the person who is, for the time being, carrying out the functions
of Chief Officer or the Deputy Chief Officer, as the case may be, under this
Article.
9 Appointment
of Chief Officer and Deputy Chief Officer
(1) The States may make
Regulations prescribing the manner in which persons may be appointed to the
office of –
(a) the
Chief Officer; and
(b) the
Deputy Chief Officer.
(2) The Regulations may, in
particular, prescribe –
(a) who
may make the appointments;
(b) who
may determine the periods of the appointments and the way in which they may be
extended;
(c) who
may determine the terms and conditions of the appointments;
(d) the
circumstances in which and the manner in which a person may be suspended from
office and by whom;
(e) the
circumstances in which and the manner in which a person may be dismissed from
office and by whom;
(f) disciplinary
arrangements generally and matters related to the handling of complaints.
(3) Regulations made under
this Article may impose functions and confer powers on –
(a) the
Royal Court;
(b) the
Minister;
(c) the
States Assembly;
(d) the
States Employment Board;
(e) the
Appointments Commission;
(f) the
Police Authority;
(g) the
Police Complaints Authority established under Article 2 of the Police (Complaints and Discipline) (Jersey)
Law 1999; and
(h) any
other body constituted for the purposes of conducting or reviewing disciplinary
proceedings or any other individual whose functions include conducting or
reviewing such proceedings.
(4) Regulations made under
this Article may –
(a) include
provision for the application of any provision made by or under the Police (Complaints and Discipline) (Jersey)
Law 1999 with such modifications as may be considered necessary or
expedient; and
(b) provide
for the services of any other police force in the British Islands, and of any
of its officers, to be sought and used for the purpose of investigating
complaints.
(5) Regulations under
paragraph (3)(c) may make provision for the States Assembly to sit in
camera.
10 Appointments
of other police officers
(1) This Article applies to
police officers other than the Chief Officer and the Deputy Chief Officer.
(2) The Minister may, by
Order, after consulting the States Employment Board and the Police Authority,
provide for –
(a) the
appointment of persons to be police officers; and
(b) the
promotion of police officers.
(3) An Order made under
this Article may confer functions on –
(a) the
States Employment Board;
(b) the
Appointments Commission; and
(c) the
Police Authority.
11 Terms
and conditions of appointment of other police officers
(1) This Article applies to
police officers other than the Chief Officer and the Deputy Chief Officer.
(2) The States Employment
Board must –
(a) determine
the terms and conditions of appointment of police officers; and
(b) as
soon as practicable, make any such determination known to those affected by the
determination.
(3) The States may, by
Regulations, designate such body as the States think fit to carry out the
functions described in paragraph (4) and may make Regulations prescribing
the constitution of such a body and the way in which it must carry out its
functions.
(4) The functions referred
to in paragraph (3) are to –
(a) negotiate
with the States Employment Board; and
(b) make
non-binding recommendations to the States Employment Board,
on the terms and conditions of appointment of police officers.
(5) The body designated
under paragraph (3) shall have such other functions as are conferred on it
by any other enactment.
12 Association of police officers
(1) Police officers may
establish an association to represent them in matters affecting their welfare
and efficiency.
(2) A police officer may
not otherwise be a member of –
(a) a
trade union; or
(b) an
association,
that has, as a stated objective, an intention to seek to influence
the terms and conditions of appointment of police officers.
(3) Nothing in paragraph (2)
prevents a police officer who is a member of an association established under
paragraph (1) from being a member of, or appointed to, a body designated
under Article 11(3).
(4) An association
mentioned in paragraph (1) has no power –
(a) to
recommend or engage in industrial action; or
(b) to
represent an individual police officer on a question of promotion.
13 General
Orders
(1) The Minister may by
Order after consulting –
(a) the
Chief Officer; and
(b) the
association of police officers mentioned in Article 12; and
(c) the
Police Authority,
provide for the governance and administration of the States Police
Force.
(2) Such an Order may, in
particular, provide for –
(a) the
conduct of police officers;
(b) the
duties of police officers;
(c) the
standard of performance required of police officers and the evaluation of that
performance including procedures and measures for dealing with performance that
fails to meet the required standard, including –
(i) caution,
(ii) reprimand,
(iii) fine,
(iv) reduction
in rate of pay,
(v) reduction
in rank,
(vi) requirement
to resign, and
(vii) dismissal
from the Force;
(d) the
issue, use and return of clothing, personal equipment and accoutrements;
(e) the
use of equipment, including information equipment and information technology
systems.[10]
(3) An Order made for the
purposes of this Article may provide that anything required to be done under
the Order must be done in accordance with the directions of the Chief Officer.
14 Restriction
on police officers undertaking other activities
A police officer must not engage in any other occupation, profession
or employment or in any undertaking or trade except with, and in accordance
with the approval of the Chief Officer or, in the case of the Chief Officer,
the Minister.
15 Police
officer to take oath or make solemn affirmation[11]
A police officer, on taking office, must either take the following
oath or, in the circumstances set out in Solemn Affirmations (Jersey) Law 1963, make the following solemn
affirmation –
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Oath
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You swear and promise before God that well and faithfully you will
exercise the office of a Member of the States of Jersey Police Force, that
you will faithfully serve His Majesty King Charles the Third, his heirs and
successors according to law, and that you will carry out your duties with
courage, fairness and integrity, protecting human rights and according equal
respect to all people. You will to the best of your ability uphold the laws
and usages of Jersey, cause the peace to be kept, prevent offences against
people and property and seek to bring offenders to justice according to law.
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Affirmation
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I [name] do solemnly, sincerely, and truly declare and affirm that
I will exercise the office of a Member of the States of Jersey Police Force,
that I will faithfully serve His Majesty King Charles the Third, his heirs
and successors according to law, and that I will carry out my duties with
courage, fairness and integrity, protecting human rights and according equal
respect to all people. I will to the best of my ability uphold the laws and
usages of Jersey, cause the peace to be kept, prevent offences against people
and property and seek to bring offenders to justice according to law.
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Functions of police officers
16 Duties
and powers of police officers
(1) A police officer must,
to the best of his or her ability –
(a) cause
the peace to be kept and preserved;
(b) prevent
offences, whether under customary or statutory law, against persons and
property; and
(c) take
such lawful measures as are appropriate to bring offenders to justice with due
speed.
(2) A police officer may
arrest a person the police officer has reasonable cause to suspect has
committed, is committing or is about to commit, an offence.
(3) A police officer has the
powers and privileges relating to policing which a Centenier has under customary
law or any enactment except –
(a) the
power formally to charge any person with an offence;
(b) the
powers to conduct and decide a parish hall inquiry into an allegation that an
offence has been committed; and
(c) the
power to present a person charged with an offence before a court.
17 Functions
and status of Chief Officer
(1) The Chief Officer has
the command, direction and control of the States Police Force and of each of
its police officers.
(1A) The Chief Officer must ensure that
the States Police Force is an efficient and effective police force.[12]
(1B) The Chief Officer may determine the
number of police officers that may be appointed to each rank.[13]
(2) The Chief Officer in
carrying out his or her functions must give effect to –
(a) the
policies referred to in Article 3(3); and
(b) the
Annual Policing Plan.[14]
(3) The office of Chief
Officer shall be a corporation sole.
(4) The Chief Officer may,
in the name of his or her office –
(a) enter
into agreements for any purpose of the office;
(b) acquire,
hold and dispose of property;
(c) sue
and be sued in civil proceedings; and
(d) be
charged with an offence and defend criminal proceedings.
(5) The Chief Officer, or
any person carrying out the functions of the Chief Officer under Article 8,
shall be the accountable officer of the States Police Force for the purposes of
the Public Finances (Jersey) Law 2019.[15]
18 Accountability
of Chief Officer
(1) The Chief Officer is
accountable to the Minister for carrying out his or her functions under Article 17(2).
(2) The Chief Officer is
accountable to the Police Authority for –
(a) the
general administration, governance and business of the States Police Force;
(b) the
discipline and organisation of its officers; and
(c) the
training of its officers to ensure that succession planning for officers is
both appropriate and effectively implemented.
(3) Accordingly the Chief
Officer, if required to do so by the Police Authority or the Minister, must advise
or provide a written report on any policing matter.
(4) In particular the Chief
Officer may, under paragraph (3), be required to advise or to provide a
written report on –
(a) an
event arising out of a matter specified in the Annual Policing Plan;
(b) an
event arising out of the direction, governance or control of the States Police
Force; or
(c) any
deployment of police officers.
(5) In addition the Chief
Officer may be required to provide a factual assessment on any policing matter.
(6) In carrying out their
functions under this Law the Minister and the Police Authority must have due
regard to the need to respect the operational independence of the States Police
Force.
Administration
of States Police Force
19 Annual
Policing Plan
(1) The Police Authority
must, after consultation with the Chief Officer, before 1st December each
year –
(a) prepare
an Annual Policing Plan for the Force for the following financial year and for
the 3 financial years following the next financial year; and
(b) present
it to the Minister.[16]
(1A) In preparing an Annual Policing Plan,
the Police Authority must consider –
(a) the
key aims and objectives set by the Minister;
(b) the
efficiency and effectiveness of the States Police Force; and
(c) the
resources available to the States Police Force.[17]
(2) The Minister may, after
consulting the Police Authority and the Chief Officer, amend the Annual
Policing Plan.
(3) When the Minister has
approved an Annual Policing Plan (whether or not with amendments), the Minister
must lay it before the States Assembly at the first reasonable opportunity.
20 Annual
Policing Report
(1) The Police Authority must,
within 3 months after the end of each financial year, prepare and submit
to the Minister an Annual Policing Report.
(2) The Annual Policing
Report must provide a review of –
(a) the
manner in which the provisions of the Annual Policing Plan, for the financial
year have been addressed; and
(b) the
performance of the States Police Force generally.
(3) The Minister must lay
the Annual Policing Report before the States Assembly at the first reasonable
opportunity.
21 Relationship
with Honorary Police
(1) The Chief Officer and
the Attorney General must, by agreement, establish appropriate arrangements –
(a) for
the exchange of information between the States Police Force and the Honorary
Police; and
(b) for the
Force to work in partnership with the Honorary Police.
(2) Before establishing
appropriate arrangements under paragraph (1), the Chief Officer and the
Attorney General must consult the Comité des Connétables and the
Comité des Chefs de Police.
22 Chief
Officer may seek assistance
(1) This Article applies if
the Chief Officer is satisfied, after taking into account the resources of the
Force and the Honorary Police, that the Force needs or will need assistance to
meet a special demand on its resources.
(2) The Chief Officer may,
with the approval of the Minister, agree that –
(a) a
police force; or
(b) other
law enforcement agency,
in another part of the British Islands will make officers or other
individuals available to the Chief Officer.
(3) An officer from a
police force made available under paragraph (2)(a) is, for the purposes of
this Law and any other enactment, a police officer during his or her period of
duty in Jersey.
(4) For the purposes of
paragraph (2), “law enforcement agency” means any person or
body of persons authorized under the law of any part of the British Islands to
enforce any law of any part of the British Islands.
23 Chief
Officer may give assistance
(1) This Article applies if
the Chief Officer receives a request from a police force in another part of the
British Islands for police officers it believes it needs or will need to meet a
special demand on its resources.
(2) The Chief Officer may,
with the approval of the Minister, agree to make police officers available to
the police force.
24 Charges
for police goods and services[18]
(1) The Chief Officer may
charge for the provision of police goods and services where such provision is
reasonably incidental to normal police activity and the amount charged is in
accordance with guidelines issued by the Minister.
(2) In preparing guidelines
for the purposes of this Article the Minister must take into account the
guidelines on charging for police services (including goods) issued by the
National Police Chiefs’ Council of the United Kingdom or any successor
body to that Council.
25 Chief
Officer liable for wrongful acts of police officers
(1) The Chief Officer is
liable in respect of civil wrongs committed by police officers in the
performance, or purported performance, of their functions as police officers.
(2) For the purpose of
paragraph (1) the Chief Officer shall be taken to be the employer of
police officers.
(3) There shall be paid out
of funds provided by the Minister –
(a) any
damages or costs awarded against the Chief Officer in any proceedings brought
against the Chief Officer by virtue of this Article;
(b) any
costs incurred and not recovered by the Chief Officer in any such proceedings;
and
(c) any
sum required in connection with the settlement of any claim made against the
Chief Officer by virtue of this Article, if the settlement is approved by the
Minister.
(4) Out of funds provided
by the Minister, the Minister may, in such cases and to such extent as he or
she thinks fit –
(a) pay
any damages or costs awarded against a member of the Force in proceedings for a
civil wrong committed by the member of the Force;
(b) pay
any costs incurred and not recovered by the member of the Force in any such
proceedings; and
(c) pay
any sum required in connection with the settlement of any claim that has or
might have given rise to such proceedings.
25A States’
employees working for Police Force[19]
(1) States’
employees who are employed to assist the operation of the police force are, in
the carrying out of their functions, subject to the direction and control of
the Chief Officer.
(2) This
Article does not apply to a States’ employee whose employment duties
involve providing legal advice.
26 States’
employees designated to undertake police functions[20]
(1) The
Chief Officer may designate in writing a States’ employee as an officer
of one or more of the descriptions specified in paragraph (2).
(2) Those
descriptions of officer are as follows –
(a) investigating
officer;
(b) detention
officer;
(c) escort
officer.
(3) The
Chief Officer shall not designate a States’ employee under paragraph (1)
unless the Chief Officer is satisfied that the States’
employee –
(a) is a
suitable person to carry out the functions for the purposes of which he or she
is designated;
(b) is
capable of effectively carrying out those functions; and
(c) has
received adequate training in the carrying out of those functions and in the
exercise and performance of the powers and duties to be conferred or imposed on
him or her under the designation.
(4) A
States’ employee designated under this Article shall have the powers and
duties conferred or imposed on him or her by the designation.
(5) Powers
and duties may be conferred or imposed on a designated person by means only of
the application to him or her by the designation of provisions of the
applicable Part of Schedule 2 that are to apply to the designated person,
and, for this purpose, the applicable Part of that Schedule is –
(a) Part 1,
in the case of a person designated as an investigating officer;
(b) Part 2,
in the case of a person designated as a detention officer;
(c) Part 3,
in the case of a person designated as an escort officer.
(6) A
States’ employee authorized or required to do anything by virtue of a
designation under this Article –
(a) shall
not be authorized or required by virtue of that designation to engage in any
conduct otherwise than in the course of that employment; and
(b) shall
be so authorized or required subject to such restrictions and conditions (if
any) as may be specified in his or her designation.
(7) Where
any power exercisable by any person in reliance on his or her designation under
this Article is a power which, in the case of its exercise by a police officer,
includes or is supplemented by a power to use reasonable force, any person
exercising that power in reliance on that designation shall have the same
entitlement as a police officer to use reasonable force.
(8) Where
any power exercisable by any person in reliance on his or her designation under
this Article includes power to use force to enter any premises, that power
shall not be exercisable by that person except –
(a) in
the company, and under the supervision, of a police officer; or
(b) for
the purpose of saving life or limb or preventing serious damage to property.
(9) For
the purpose of the handling of complaints relating to, or other instances of
misconduct involving, the carrying out of the functions of an officer by a
States’ employee designated under paragraph (1), Schedule 3
shall have effect.
(10) The
States may, by Regulations amend paragraphs (2) and (4) and, in relation
to a person designated under this Article, Schedules 2 and 3.
27 Contractors
undertaking police functions[21]
(1) This
Article applies if the Chief Officer has, following consultation with the
Minister and the Police Authority, entered into an agreement with a person
(‘the contractor’) for the provision of services relating to the
detention or escort of person who have been arrested or are otherwise in
custody.
(2) The
Chief Officer may designate a person who is an employee of the contractor as
either or both of the following –
(a) a
detention officer; or
(b) an
escort officer.
(3) A
person designated under this Article shall have the powers and duties conferred
or imposed on him by the designation.
(4) The
Chief Officer shall not designate a person under this Article unless the Chief
Officer is satisfied that the person –
(a) is a
suitable person to carry out the functions for the purposes of which he or she
is designated;
(b) is
capable of effectively carrying out those functions; and
(c) has
received adequate training in the carrying out of those functions and in the
exercise and performance of the powers and duties to be conferred or imposed on
him or her under the designation.
(5) The
Chief Officer shall not designate a person under this Article unless the Chief
Officer is satisfied that the contractor is a fit and proper person to
supervise the carrying out of the functions for the purposes of which that
person is designated.
(6) Powers
and duties may be conferred or imposed on a designated person by means only of
the application to him or her by his or her designation of provisions of the
applicable Part of Schedule 2 that are to apply to the designated person,
and, for this purpose, the applicable Part of that Schedule is –
(a) Part 2,
in the case of a person designated as a detention officer;
(b) Part 3,
in the case of a person designated as an escort officer.
(7) An
employee of the contractor authorized or required to do anything by virtue of a
designation under this Article –
(a) shall
not be authorized or required by virtue of that designation to engage in any
conduct otherwise than in the course of that employment; and
(b) shall
be so authorized or required subject to such restrictions and conditions (if
any) as may be specified in his or her designation.
(8) Where
any power exercisable by any person in reliance on his or her designation under
this Article is a power which, in the case of its exercise by a police officer,
includes or is supplemented by a power to use reasonable force, any person
exercising that power in reliance on that designation shall have the same
entitlement as a police officer to use reasonable force.
(9) For
the purposes of the handling of complaints relating to or other instances of
misconduct involving a person designated under this Article, Schedule 3
shall have effect.
(10) A
designation under this Article, unless it is previously withdrawn or ceases to
have effect in accordance with paragraph (11), shall remain in force for
such period as may be specified in the designation subject to renewal at any
time with effect from the time when it would otherwise expire.
(11) A
designation under this Article shall cease to have effect –
(a) if
the designated person ceases to be an employee of the contractor; or
(b) if
the contract between the Chief Officer and the contractor is terminated or
expires.
(12) The
States may by Regulations amend paragraphs (2) and (6) and, in relation to
a person designated under this Article, Schedules 2 and 3.
28 Property
in possession of police officers
The Minister may, by Order, make such provision as he or she deems
appropriate for the disposal of property that has come into the possession of the
Chief Officer and the owner of the property cannot be ascertained or found.
Inspections[22]
28AA Inspection of States Police
Force[23]
(1) The Police Authority
must arrange for the States of Jersey Police Force to be inspected.
(2) The inspections must –
(a) be
performed by an independent body that, in the opinion of the Police Authority,
is suitably qualified; and
(b) be
undertaken at regular intervals determined by the Police Authority, which must
be at least once every 4 years.
28AB Inspection of Police Authority[24]
(1) The Minister may direct
an independent body that, in the opinion of the Minister, is suitably qualified
to –
(a) inspect
the Police Authority; and
(b) provide
a report to the Minister on the findings of the inspection.
(2) The body that
undertakes the inspection must, before finalising a report, –
(a) provide
a copy of the draft report to the Police Authority;
(b) give
the Authority 28 days to respond; and
(c) consider
any response from the Police Authority.
(3) As soon as practicable
after receiving a final report, the Minister must –
(a) provide
a copy of the report to the Police Authority; and
(b) present
the report to the States.
Independent Custody Visiting[25]
28A Arrangements for
independent custody visitors[26]
(1) In this
Article –
(a) “detainee”
means a person who is detained in the custody of any of the
following –
(i) the States Police
Force,
(ii) an
officer of the Impôts as referred to in the definition
‘officer’ in the Customs and Excise (Jersey) Law 1999,
(iii) an
immigration officer;
(b) “immigration
officer” means an officer appointed under paragraph 1 of Schedule 2
to the Immigration Act 1971, as extended to Jersey by the Immigration
(Jersey) Order 1993;
(c) “Chief
Immigration Officer” means the most senior immigration officer.
(2) The Police Authority
must –
(a) make
arrangements for detainees to be visited by persons appointed under those
arrangements (such persons to be known as “independent custody visitors”);
and
(b) keep
those arrangements under review and from time to time revise them as it thinks
fit.
(3) The arrangements must
secure that the persons appointed under the arrangements are independent
of –
(a) the
Police Authority;
(b) the
Chief Officer;
(c) the
Agent of the Impôts; and
(d) the
Chief Immigration Officer.
(4) The arrangements must
ensure that independent custody visitors can –
(a) access
information relevant to the treatment of detainees and the conditions in which
they are detained; and
(b) monitor
the treatment of detainees and the conditions in which they are detained.
(5) The arrangements
must –
(a) authorize
independent custody visitors to do anything which the Police Authority
considers necessary to enable them to visit detainees and monitor the treatment
of detainees and the conditions in which they are detained; and
(b) provide
for reporting on each visit.
(6) The arrangements may,
in particular, authorize independent custody visitors to –
(a) access,
without prior notice or as otherwise determined by the arrangements, any place
in which a detainee is held;
(b) examine
records relating to the detention of persons there;
(c) meet
any detainees there (in private) to discuss their treatment while detained and
the conditions in which they are detained;
(d) inspect
the conditions in which persons are detained there (including cell
accommodation, washing and toilet facilities and facilities for the provision
of food); and
(e) meet
such other persons as the visitors think may have information relevant to the
treatment of detainees and the conditions in which they are detained.
(7) The arrangements may
allow access to a detainee to be refused only if –
(a) it
appears to an officer of the rank of inspector or above (or a person of
equivalent seniority if the detainee is not in the custody of the Force) that
there are grounds for denying access at the time it is requested;
(b) the
grounds are specified for the purposes of sub-paragraph (a) in the
arrangements; and
(c) the
procedural requirements imposed by the arrangements in relation to a denial of
access are complied with.
(8) The Police Authority
must publish the arrangements it makes under this Article, including revisions
to those arrangements.
(9) Arrangements under this
Article may vary between each person or body referred to in clauses (i) to
(iii) of paragraph (1)(a).
(10) Before issuing or revising
any arrangements under this Article, the Police Authority must consult
with –
(a) the
Minister;
(b) the
Chief Officer;
(c) the
Agent of the Impôts;
(d) the
Chief Immigration Officer;
(e) the
Police Complaints Authority; and
(f) any
other person or body that the Police Authority thinks appropriate.
(11) Independent custody visitors
and the persons and bodies referred to in clauses (i) to (iii) of
paragraph (1)(a) must comply with such arrangements published under this
Article as apply to them.
28B SPT Visits[27]
(1) In this
Article –
(a) “detainee”
has the meaning given by Article 28A(1)(a);
(b) “OPCAT”
means the Optional Protocol to the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment adopted on
18th December 2002 at the fifty-seventh session of the General
Assembly of the United Nations by resolution A/RES/57/199;
(c) “SPT”
means the Subcommittee on Prevention of Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment established under Article 2 of OPCAT.
(2) The Police Authority
must make arrangements to ensure that members of the SPT may –
(a) visit
detainees;
(b) access
information relevant to the treatment of detainees and the conditions in which
they are detained; and
(c) monitor
the treatment of detainees and the conditions in which they are detained.
(3) The arrangements must
authorize members of the SPT to do anything which the Police Authority
considers necessary to enable them to visit detainees and monitor the treatment
of detainees and the conditions in which they are detained.
(4) The arrangements may,
in particular, authorize members of the SPT to –
(a) access,
without prior notice or as otherwise determined under the arrangements, any
place in which a detainee is held (accompanied by such experts as the SPT
members think fit);
(b) examine
records relating to the detention of persons there;
(c) meet
any detainees there (in private) to discuss their treatment while detained and
the conditions in which they are detained;
(d) inspect
the conditions in which persons are detained there (including cell
accommodation, washing and toilet facilities and facilities for the provision
of food); and
(e) meet
such other persons as the SPT members think may have information relevant to
the treatment of detainees and the conditions in which they are detained.
(5) The arrangements may
allow access to a detainee to be refused only if –
(a) there
are urgent and compelling grounds of public safety, natural disaster or serious
disorder in the place to be visited that temporarily prevent the carrying out
of such a visit; and
(b) the
Minister has notified the Police Authority that such grounds exist and that
access should accordingly be refused.
(6) The Police Authority
must keep the arrangements it makes under this Article under review and revise
them from time to time as it thinks fit.
28C Reports to
the Minister[28]
(1) The Police Authority
must, no later than 31 March each year, prepare and submit to the Minister
a report on the working of the arrangements which it has made under Articles 28A
and 28B and the Minister must lay the report before the States Assembly at the
first reasonable opportunity.
(2) The Police Authority
must prepare and provide to the Minister such other reports on matters related
to the visiting of detainees as the Minister may reasonably require from time
to time and may prepare and provide reports to the Minister on such matters at
any time of its own motion.
(3) In this Article
“detainee” has the meaning given by Article 28A(1)(a).
Offences
29 Impersonation
of police officer
(1) A person who, with
intent to deceive –
(a) impersonates
a police officer; or
(b) makes
a statement or does an act calculated falsely to suggest that the person is a
police officer,
is guilty of an offence and liable to imprisonment for 6 months
and to a fine of level 3 on the standard scale.[29]
(2) A person who, not being
a police officer, wears an article of police uniform in circumstances where it
gives the person an appearance so nearly resembling that of a police officer as
to be calculated to deceive, is guilty of an offence and liable to a fine of
level 3 on the standard scale.
(3) A person who, not being
a police officer, has, in his or her possession, an article of police uniform, is
guilty of an offence and liable to a fine of level 2 on the standard scale
unless the person proves that he or she –
(a) obtained
possession of the article lawfully; and
(b) has
possession of it for a lawful purpose.
(4) In paragraphs (2)
and (3) “article of police uniform” means –
(a) an article
of uniform; or
(b) a
distinctive badge or mark or document of identification,
usually issued to a police officer or anything having the appearance
of such an article, badge, mark or document.
(5) In
this Article –
(a) paragraph (2)
does not apply to an article of police uniform worn by a person in the exercise
of his or her functions as a member of the Honorary Police; and
(b) paragraph (3)
does not apply to an article of police uniform which is in the possession of a
person for the purposes only of his or her functions as a member of the
Honorary Police.
30 Wasting
police time
(1) A person who causes a
wasteful employment of the resources of the States Police Force by knowingly
making a false report tending –
(a) to
show that an offence has been committed;
(b) to
give rise to apprehension for the safety of any persons or property; or
(c) to
show that the person has information material to a police inquiry,
is guilty of an offence and liable to imprisonment for 6 months
and to a fine of level 3 on the standard scale.[30]
(2) Proceedings must not be
instituted for an offence under this Article except by or with the consent of
the Attorney General.
Miscellaneous
provisions
31 Amendments
to other enactments
The States may, by Regulations, make such amendments to enactments
other than this Law as appear to the States to be expedient in consequence of
the coming into force of any provision of this Law.
32 Transitional
provisions
(1) The transitional
provisions set out in Schedule 1 have effect.[31]
(2) The Minister may, by
Order, make such further transitional or savings provisions as he or she thinks
fit.
33 Regulations
and Orders
An Order or Regulations under this Law may contain such
transitional, consequential, incidental or supplementary provisions as appear
to the Minister or the States, as the case may be, to be necessary or expedient
for the purposes of the Order or Regulations.
34 Citation
and commencement
This Law may be cited as the States of Jersey Police Force
Law 2012.
Schedule 1[32]
(Article 32)
TRansitional
provisions
1 Chief
Officer and Deputy Chief Officer
(1) The
persons who, immediately before 1st August 2014, were the holders of the
offices of Chief Officer and Deputy Chief Officer continue to hold those
offices as if they had been appointed to those offices under this Law.
(2) Until
their terms and conditions are amended under this Law, they do so on the same
terms and conditions of appointment as applied to them immediately before 1st
August 2014.
2 Police
officers
(1) Persons
who, immediately before 1st August 2014, were police officers in the States of
Jersey Police Force continue as police officers in the Force as if they had
been appointed under this Law.
(2) Until
their terms and conditions are amended under this Law, they do so –
(a) with
the same ranks as were held by them immediately before 1st August 2014; and
(b) on
the same terms and conditions as applied to them immediately before 1st August
2014.
3 [33]
4 States
of Jersey Police Association
The States of Jersey
Police Association established under Article 27 of the Police Force
(Jersey) Law 1974 that existed immediately before 1st August 2014,
continues as if it were an association of police officers established under
Article 12 of this Law.
Schedule 2[34]
(Articles 26(5)
and 27(6))
police
powers and duties of designated persons
1 Interpretation
of this Schedule
In this
Schedule –
(a) “a
designation” means –
(i) in
Part 1, a designation under Article 26, and
(ii) in
Parts 2 and 3, a designation under Article 26 or 27, as the case may
be;
(b) words
and expressions also used in the 2003 Law have the same meaning as in that
Law.
part
1 – investigating officer
2 Entry
and search after arrest
Where a designation
applies this paragraph to a person –
(a) that
person shall have the powers of a police officer under Article 20 of the
2003 Law to enter and search any premises and to seize and retain anything
for which he or she may search under that Article;
(b) Article 20(5)
and (6) of the 2003 Law shall have effect in relation to any exercise by
that person of those powers as if the references to a police officer in those
paragraphs were references to that person;
(c) Article 21(6)
of the 2003 Law shall have effect in relation to the seizure of anything
by that person by virtue of sub-paragraph (a) as it applies in relation to
the seizure of anything by a police officer;
(d) Article 22
of the 2003 Law shall have effect in relation to the power of seizure
conferred on that person by virtue of sub-paragraph (a) as it applies in
relation to the power of seizure conferred on a police officer by Article 20(2)
of that Law;
(e) Article 23(1)
and (2) of the 2003 Law shall have effect in relation to the seizure of
anything by that person in exercise of the power conferred on him or her by
virtue of sub-paragraph (a) as if the references to a police officer
included references to that person;
(f) Article 23(3)
to (8) and Article 24 of the 2003 Law shall have effect in relation
to anything seized by that person in exercise of the power or taken away by him
or her following the imposition of a requirement by virtue of sub-paragraph (d) –
(i) as
they have effect in relation to anything seized in exercise of the power
conferred on a police officer by Article 20(2) of that Law or taken away
by a police officer following the imposition of a requirement by virtue of
Article 22 of that Law, and
(ii) as if
the references to a police officer in Article 23(3), (4) and (5)
included references to that person.
3 Access
to excluded and special procedure material
Where a designation
applies this paragraph to a person –
(a) that
person shall have the powers of a police officer under Article 16 of the
2003 Law to obtain access, in accordance with Schedule 2 to that Law,
to excluded material or special procedure material;
(b) Schedule 2
to the 2003 Law shall have effect for the purpose of conferring those
powers on that person as if the references in paragraphs 1, 3, 4, 11 and
12 of that Schedule to a police officer were references to that person;
(c) Article 17
of the 2003 Law shall have effect in relation to the issue of any warrant
under paragraph 11 of Schedule 2 to that Law to that person as it has
effect in relation to the issue of a warrant under that paragraph to a police
officer;
(d) Article 18
of the 2003 Law shall have effect in relation to any warrant to enter and
search premises that is issued under paragraph 11 of Schedule 2 to
that Law (whether to that person or another person) as if references in that
Article to a police officer included references to that person;
(e) Article 21(6)
of the 2003 Law shall have effect in relation to the seizure of anything
by that person in exercise of the power conferred on him or her by
paragraph 12 of Schedule 2 to that Law as it has effect in relation
to the seizure of anything under that paragraph by a police officer;
(f) Article 22
of the 2003 Law shall have effect in relation to the power of seizure
conferred on that person by paragraph 12 of Schedule 2 to that Law as
it applies in relation to the power of seizure conferred on a police officer by
that paragraph;
(g) Article 23(1)
and (2) of the 2003 Law shall have effect in relation to the seizure of
anything by that person in exercise of the power conferred on him or her by
paragraph 12 of Schedule 2 to that Law as if the references to a
police officer included references to that person;
(h) Article 23(3)
to (8) and Article 24 of the 2003 Law shall have effect in relation
to anything seized by that person in exercise of the power or taken away by him
or her following the imposition of a requirement by virtue of sub-paragraph (f)
and to anything produced to that person under paragraph 3 of Schedule 2
to that Law –
(i) as
they have effect in relation to anything seized in exercise of the power
conferred on a police officer by paragraph 12 of that Schedule or taken
away by a police officer following the imposition of a requirement by virtue of
Article 22 of that Law or, as the case may be, to anything produced to a
police officer under paragraph 3 of that Schedule, and
(ii) as if
the references to a police officer in Article 23(3), (4) and (5)
included references to that person.
4 General
power of seizure
Where a designation
applies this paragraph to a person –
(a) that
person shall have the same powers as a police officer –
(i) under
Article 21 of the 2003 Law, to seize things when lawfully on any
premises, and
(ii) under
Article 21(4) of that Law, to impose a requirement in relation to
information accessible from such premises;
(b) Article 21(6)
of the 2003 Law shall have effect in relation to the seizure of anything
by that person by virtue of sub-paragraph (a)(i) as it has effect in
relation to the seizure of anything by a police officer;
(c) Article 23(1)
and (2) of that Law shall have effect in relation to the seizure of anything by
that person in exercise of the power conferred on him or her by virtue of
sub-paragraph (a)(i) as if the references to a police officer included
references to that person;
(d) Article 23(3)
to (8) and Article 24 of the 2003 Law shall have effect in relation
to anything seized by that person in exercise of that power or taken away by
him or her following the imposition of a requirement by virtue of sub-paragraph (a)(ii) –
(i) as
they have effect in relation to anything seized in exercise of the power
conferred on a police officer by Article 21(2) or (3) of that Law or
taken away by a police officer following the imposition of a requirement by
virtue of Article 21(4) of that Law, and
(ii) as if
the references to a police officer in Article 23(3), (4) and (5)
included references to that person.
5 Access
and copying in the case of things seized by police officers
Where a designation
applies this paragraph to a person, Article 23 of the 2003 Law shall
have effect in relation to anything seized by a police officer as if the
references to a police officer in Article 23(3), (4) and (5) included
references to that person.
Part 2 –
detention officer
6 Attendance
at police station for finger printing
Where a designation
applies this paragraph to a person, that person shall have the same powers as a
police officer under Article 49 of the 2003 Law to require a person
to attend a police station to have his or her fingerprints taken.
7 Non-intimate
searches of detained persons
Where a designation
applies this paragraph to a person –
(a) that
person shall have the powers of a police officer under Article 50 of the
2003 Law –
(i) to
carry out a search under that Article of any person at a police station or of
any other person otherwise in police detention, and
(ii) to
seize or retain, or cause to be seized or retained, anything found on such a
search;
(b) Article 50(9)
and (12) of the 2003 Law shall apply to the exercise by that person of any
power exercisable under this paragraph as they apply to the exercise of such a
power by a police officer.
8 Intimate
searches of detained persons
Where a designation
applies this paragraph to a person –
(a) that
person shall have the powers of an officer of the Force by virtue of Article 51(6)
of the 2003 Law to carry out an intimate search of a person at a police
station;
(b) Article 51(7)
of the 2003 Law shall apply to the exercise by that person of any power
exercisable by virtue of this paragraph as it applies to the exercise of the
power by an officer of the Force.
9 Fingerprinting
without consent
Where a designation
applies this paragraph to a person –
(a) that
person shall have, at a police station the powers of a police officer below the
rank of Inspector to take fingerprints without the appropriate consent under
Article 55 of the 2003 Law; and
(b) the
requirement by virtue of Article 55(11)(a) of the 2003 Law that a
person must be informed by an officer that his or her fingerprints may be the
subject of a speculative search shall be capable of being discharged, in the
case of a person at a police station, by the person being so informed by the
person to whom this paragraph applies.
10 Non-intimate
samples
Where a designation
applies this paragraph to a person –
(a) that
person shall have the power of a police officer below the rank of Inspector to
take a non-intimate sample under Article 57 of the 2003 Law in the
case of a person in a police station without the appropriate consent;
(b) the
requirement by virtue of Article 57(9), (10), (12) and (13) to inform a
person of certain matters shall be capable of being discharged, in the case of
a person at a police station, by the person being informed by the person to
whom this paragraph applies.
11 Incidental powers
in respect of detention
Where a designation
applies this paragraph to a person –
(a) that
person may detain another person for a period not exceeding 30 minutes to
await the arrival of a police officer if –
(i) the
designated person has reasonable grounds for suspecting that the other person
has committed an offence, and
(ii) that
other person –
(A) has failed to give his or her
name or address when requested to do so by the designated person, or
(B) has given his or her
name or address but the designated person has reasonable grounds for suspecting
that such name or address is false or inaccurate;
(b) that
person shall remain with a police officer who arrives within 30 minutes as
referred to in sub-paragraph (a) until the person who has been detained
has been transferred to the control of the police officer;
(c) if
the person who may be detained by virtue of sub-paragraph (a) agrees to
accompany the person to whom this paragraph applies to a police station, the
person to whom this paragraph applies shall be under a duty –
(i) to
keep that other person under control while detained at the police station or in
its vicinity for as long as the person to whom this paragraph applies is
responsible for him or her,
(ii) to
assist any police officer or other authorized person to keep the person
detained at the police station or in its vicinity under control, and
(iii) to
prevent the escape of that other person from the police station or its
vicinity;
(d) that
person shall be entitled to use reasonable force –
(i) for
any of the purposes described in sub-paragraph (c),
(ii) for
the purpose of securing, or assisting another authorized person to secure, the
detention of the person who may be detained by virtue of sub-paragraph (a),
or
(iii) for
the purpose of escorting that other person within a police station or assisting
a police officer or other authorized person to escort such a person within a
police station.
part
3 – escort officers
12 Power to take
arrested person to a police station
(1) Where
a designation applies this paragraph to a person –
(a) that
person is authorized to take an arrested person to a police station under
Article 28 of the 2003 Law as if the reference to a police officer
taking an arrested person to a police station in Article 28(1) of that Law
included a reference to that person;
(b) Article 28
of the 2003 Law has effect in relation to the exercise of the power
conferred by sub-paragraph (a) as if the references to a person being
taken to a police station by a police officer in Article 28(3) and (9)
(but not Article 28(4) to (8)) included references to that person;
(c) that
person who is taking an arrested person to a police station in exercise of the
power conferred by clause (a) –
(i) shall be treated
for all purposes as having that arrested person in his or her lawful custody,
(ii) shall
be under a duty to keep the arrested person under control and to prevent the
escape of that arrested person, and
(iii) shall
be entitled to use reasonable force to keep that arrested person in his or her
charge and under his or her control;
(d) that
person who has taken an arrested person to a police station in exercise of the
power conferred by clause (a) –
(i) shall be under a
duty to remain at the police station until he or she has transferred control of
the arrested person to the custody officer at the police station,
(ii) until
he or she has so transferred control to the custody officer, shall be treated
for all purposes as having the arrested person in his or her lawful custody,
(iii) for
so long as that person is at the police station or in its immediate vicinity in
compliance with, or having complied with, the duty under clause (i), shall
be under a duty to prevent the escape of the arrested person and to assist in
keeping the arrested person under control, and
(iv) shall
be entitled to use reasonable force for the purpose of complying with the duty
under clause (iii).
(2) Without
prejudice to any application of paragraph 7, where a person has another
person in his or her lawful custody by virtue of sub-paragraph (1) –
(a) he or
she shall have the same powers under Article 50(7) and (8) of the
2003 Law as a police officer has in the case of a person in police
detention –
(i) to carry out a
search of the other person, and
(ii) to
seize or retain, or cause to be seized or retained, anything found on such a
search; and
(b) Article 50(9)
and (12) of the 2003 Law shall apply to the exercise by a person to whom
this paragraph is applied of any power exercisable under this sub-paragraph as
they apply to the exercise of the power by a police officer.
13 Escort of persons
in police detention
(1) Where
a designation applies this paragraph to any person, that person may be
authorized by a custody officer to escort a person in police
detention –
(a) from
a designated police station to another designated police station; or
(b) from
a designated police station to another place specified by the custody officer
and then either back to the same or another designated police station.
(2) A
person who is escorting another person in accordance with the authorization
under sub-paragraph (1) –
(a) shall
be treated for all purposes as having that other person in his or her lawful
custody;
(b) shall
be under a duty to keep the other person under control and to prevent the
escape of that other person; and
(c) shall
be entitled to use reasonable force to keep that other person in his or her
charge and under his or her control.
(3) A
person who has escorted another person to a designated police station or other
place in accordance with the authorization under sub-paragraph (1) –
(a) shall
be under a duty to remain at the designated police station or other place until
he or she has transferred control of the other person to a custody officer or
other responsible person there;
(b) until
the other person has been so transferred, shall be treated for all purposes as
having that person in his or her lawful custody;
(c) for
so long as he or she is at the designated police station or other place, or in
its immediate vicinity, in compliance with, or having complied with, the duty
under clause (a), shall be under a duty to prevent the escape of the other
person and to assist in keeping that other person under control; and
(d) shall
be entitled to use reasonable force for the purpose of complying with the duty
under clause (c).
(4) Without
prejudice to any application of paragraph 7, where a person has another
person in his or her lawful custody by virtue of sub-paragraph (3) –
(a) that
person shall have the same powers under Article 50(7) and (8) of the
2003 Law as a police officer has in the case of a person in police
detention –
(i) to carry out a
search of the other person, and
(ii) to
seize or retain, or cause to be seized or retained, anything found on such a
search; and
(b) Article 50(9)
and (12) of the 2003 Law shall apply to the exercise by that person of any
power exercisable under this sub-paragraph as they apply to the exercise of the
power by a police officer.
Schedule 3[35]
(Articles 26(9)
and 27(9))
designated
persons: complaints, discipline and conduct matters
1 Interpretation
of this Schedule
In this
Schedule –
“Law” means
the Police (Complaints
and Discipline) (Jersey) Law 1999;
“Order” means
the Police
(Complaints and Discipline Procedure) (Jersey) Order 2000;
“designated
contractor” means the employee of a contractor designated under Article 27(2);
“designated
employee” means a States’ employee designated under Article 26(1);
“designated
person” means a designated contractor or designated employee, as the case
requires;
“disciplinary
policy” means –
(a) in the case of a designated employee, the
disciplinary policy applicable to States’ employees other than members of
the Police Force;
(b) in
the case of a designated contractor, any policy of the contractor governing the
conduct (as opposed to the performance) of the designated contractor in order
to determine whether a sanction or punitive measure is to be imposed against
him in relation to that conduct;
“performance policy”
means –
(a) in
the case of a designated employee –
(i) the capability
policy applicable to States’ employees other than members of the Police
Force,
(ii) the
attendance policy applicable to States’ employees other than members of
the States Police Force;
(b) in
the case of a designated contractor, any policy of the contractor governing the
performance of a designated contractor for the purposes of assessing whether
the performance is unsatisfactory and whether, as a result, any action is to be
taken in relation to it.
2 Modifications
of the Law and Order
(1) Subject
to the modifications set out in sub-paragraphs (2) and (3), Part 2 of
the Law and the relevant parts of the Order shall apply to the exercise or
performance by a designated person of the powers and duties conferred or
imposed on him or her by the designation as they apply to a member of the
Force.
(2) Part 2
of the Law shall be read as if –
(a) references
to a complaint about the conduct of a member of the Force referred to conduct
of the designated person in exercising or performing the powers and duties
conferred or imposed on him or her by the designation;
(b) references
to disciplinary charges in Articles 4(2), 7(3)(b) and 11(1) referred
to action taken under the disciplinary policy by the employer of the designated
person following resolution of the complaint under Article 7 or
investigation of the complaint under the Law;
(c) the
reference in Article 7(6) to an officer of at least the rank of the member
of the Force against whom the complaint is made were to an officer who is
equivalent in seniority to the designated person;
(d) the
reference to an offence against discipline in Article 8(a) referred to
conduct by the designated person that would justify action being taken under
the disciplinary policy;
(e) the
reference in Article 11(3) to a statement by the Chief Officer were to a
statement by the Chief Officer stating whether he or she is of the opinion that
grounds exist for the employer of the designated person to take action under
the disciplinary policy or performance policy;
(f) the
reference in Article 12(1) to a recommendation by the Authority were to a
written opinion by the Authority if it takes a different view to the Chief
Officer’s statement under Article 11(3) as modified; and
(g) Articles 12(2)
to (7), 13 and 14 did not apply.
(3) The
Order shall be read as if –
(a) the
references in Article 2(2) and 4(1)(b) to an offence against discipline
were to conduct by the designated person that would justify action being taken
under the disciplinary policy;
(b) the
reference in Article 4(1) to suspension referred to suspension of the
designation of the person under Article 26(1) or 27(2) of this Law, as the
case may be;
(c) the
references in Articles 4(2) and 4(8) to a disciplinary charge or to being
charged with an offence against discipline were to action being taken under the
disciplinary policy;
(d) the
reference in Article 6(3) to an officer of at least the rank of the member
of the Force concerned were to an officer who is equivalent in seniority to the
designated person;
(e) the
reference in Article 9(1) to the Chief Officer considering whether a
disciplinary charge should be preferred were to the Chief Officer considering
whether grounds exist for action being taken by the employer of the designated
person under the disciplinary policy or performance policy, as the case may be;
(f) Articles 9(2)
and (3) and 10 to 41 did not apply.