History

A Brief History Of Policing In Jersey
1204 - 1974

The origins of the Police in Jersey:
Prior to 1204 law enforcement in Jersey existed through the powers vested in the Seigneurs of the various Fiefs in the Island with feudal courts being held as and when required.

It was in 1204 that King John withdrew from Normandy and from that time the power of the Seigneur gradually passed to the Connétables of the Parishes. What is not known, however, is when the office of Connétable came into being but in all probability it pre-dates the Norman period.

The first reference to a Connétable in local records is found in 1462 and the Centenier in 1502. Among the uncertainty of local records what is certain is that by the 16th century the Connétables were exercising police powers - including the right to search for stolen property in suspected premises and the Royal Commissioners ordinances of 1562 confirm that the duties of the Connétables and other parochial officers in connection with the criminal law were well established by that year.

In the early 19th century the Jersey system revolved around the Royal Court, an institution differing and far removed from that which exists today. With a weak Bailiff, and Jurats who were not averse to revealing their political beliefs - even when on the bench - public respect for the Court was not high, and sittings on occasions degenerated into open violence.

It must be remembered that this court was the only court in the Island and every criminal or civil case, regardless of its triviality, had to come before the Royal Court. As one might expect there were often inordinate delays before a case could be dealt with.

In respect of the hearing of criminal cases, complainants gave evidence before the Inferior Number of the Court. A jury (Enditement) was summoned and this consisted of thirteen members of the Honorary Police from the parish in which the offence was committed. If the accused - upon being found guilty - did not accept the verdict, he could demand the benefit of a second jury (Grande Enquete) the 24 members of which would be drawn from the parish in which the offence was committed and two adjoining parishes. A strange mode of trial indeed, and one deficient in respect of fair justice.

By the 1840s the population of St. Helier was approximately 23,000 with no regular police system on the streets, no established Police Station and the assistance of the Honorary Police capable of being sought only from their homes or place of employment.

In an attempt to redress this failing, a number of residents of certain streets, and owners of business premises subscribed to the provision of day and night watchmen who, through their lack of legal authority, proved ineffective in the prevention of crime and disorder.

At this time the main difficulty in respect of the Honorary Police and the impartial discharge of their duties was the same as that which dogged the Courts - the intimate involvement of the Police in local politics - enabling them to influence unduly parochial elections. Even the level of the parish rates could be adjusted to determine the number and names of the electors, thus ensuring that the dominant political faction in that parish could manoeuvre who they wished into positions of influence.

With the police being so closely politically involved, the system almost inevitably and inexorably led to partiality and bias on the part of many officers in the performance of their duties and functions. It is of little surprise that many political factions were known as 'police' or 'anti-police'. Little wonder that dissatisfaction grew, not only among English residents but also local residents - the discontent being carried to the very corridors of the Houses of Parliament and attention becoming focused upon events in Jersey.

As a result of the concern felt at events in the Island, an Order in Council dated May 1846 was signed, appointing two Commissioners to "enquire into the criminal laws now in force in the Channel Islands and into the constitutions and powers of the tribunals charged with the execution of such laws."

The Commissioners were two English barristers who, although unfamiliar with the Jersey system, chose to adopt a very balanced approach, resisting as they did pressure from the extreme reforming party who wished the Island to adopt English law and be all but annexed. The Commissioners went about their task very carefully, carrying out a very thorough investigation. A considerable number of written questions were sent to the Bailiff, Jurats and other notable members of the Island community. The replies being received later in the year.

In the meantime the States had adopted an indignant stance to the appointment of the Commissioners, stating that the complaints were isolated and originated only from a few individuals and therefore did not represent the view of the majority of inhabitants.

Whilst the Commissioners heard evidence in Jersey during August/September, the reformists, in response to the attitude of the States, sent a 'memorial' with numerous signatures to the Home Office. This was returned to the Lieutenant Governor who decided against passing it on to the States lest the names it contained created hostile feelings when matters were already rather sensitive. Indeed, the Commissioners had already received complaints to the effect that the 'police' had threatened certain of the reformists in an attempt to encourage them to withdraw their complaints.

Reform begins:
In July 1847, the first report of the Commissioners was presented to the States. Although some 280 pages in length, what may be considered the most important of the recommendations contained in the document were:

The Honorary Police should be replaced by a paid police force for the whole island.

A criminal code be enacted by the States, defining offences on the basis of English law.

No member of the States should be a member of the Court.

Criminal procedures should be reformed, to provide for trial by one jury only and for the hearing of witnesses before the jury.

Comprehensive changes indeed if they were implemented.

The main support for change came from within the Parish of St. Helier, the rural parishes remaining stoutly opposed to any form of change to the Island system of policing.

The Connétable of St. Helier at the time of the commission was Pierre Le Sueur, an Advocate of the Royal Court and Connétable since 1839. Le Sueur was considered by the Commissioners to be the most able representative of the party opposed to change, and yet, perhaps illustrating that he appreciated the dangers of refusing the Commission or Reformists any compromise, he suggested three possible remedies to the storm that was so obviously brewing.

In the first instance Le Sueur suggested that improvements should be made to the rating law. Secondly, he recommended the appointment of a Magistrate and finally that a paid 'night watch' should be introduced. Le Sueur recognised and accepted that there was a conflict of opinion in respect of the 'night watch', as the Commissioners had in mind the introduction of an island wide system of policing, but he strongly opposed that the criminal responsibilities should be taken away from the Centeniers. Le Sueur's most forceful argument against any transfer of authority centred upon the potential cost. The substance of this contention was never tested.

In August 1847, one month after receiving the report, the States commenced their careful examination of its contents and - for some unexplained reason - immediately took steps to prepare a criminal code by issuing instructions to a committee, previously formed for that purpose, to prepare the code in draft form.

With admirable expediency the Law was prepared and, in September 1848, was passed by the States and sent to London for sanction. There followed a peculiar series of events during which the Law passed back and forth for various amendments until November 1851 when, having received the Royal Assent, it was finally lodged 'Au Greffe' prior to ratification. The Law never appeared again.

It is relatively obvious that the recommendations of the Commissioners were not welcomed by the States. As early as November 1847, the Home Office, through the Lieutenant Governor, enquired of the States what action they intended to take in respect of putting into effect the Commissioners' recommendations. The States, in reply, pointed to their efforts in preparing the ill-fated criminal code previously referred to. They pointedly made no mention of any intentions to put into effect the other recommendations which included the forming of an all island paid police force.

The situation remained static for some time until a question was raised in the House of Commons in relation to a similar Commission of Enquiry into the legal system of the Isle of Man. The Home Secretary cited the Jersey commission as not being encouraging to support a similar move elsewhere. The inactivity had obviously not gone unnoticed.

With the situation as it was, rumours were bound to ferment. One such, which gave rise to a considerable degree of alarm to certain of the States members, was that an "Order in Council" was being prepared supporting the Commissioners recommendations in respect of a revision of the Royal Court, the hub of the Island system.

As it happened, this rumour was not entirely without foundation, for the Home Office, through the Lieutenant Governor, had instructed the Jersey Law Officers to prepare a draft "Order in Council" to carry out the Commissioners' recommendations. The draft document, which was sent to the Lieutenant Governor in December 1848, related to the replacing of the Bailiff and Jurats in the Royal Court with three paid judges and the creation of a Police Magistrates Court.

This move escalated the entire issue to a level which the States could not possibly ignore. It was now a constitutional issue. Could the Crown impose such changes on the Island by an "Order in Council" made without the concurrence of the States in circumstances where the States were unwilling to make those changes? The constitutional rights of the Island were being bluntly challenged.

Quite simply, it was not the right of Parliament being claimed to legislate for Jersey, but for the Crown to do so without the concurrence of the States or referral to Parliament where friends in the latter at least offered a modicum of protection to the Island. With the Crown having sole power of legislation, even that tenuous protection was gone.

The Lieutenant Governor, without doubt anticipating the gathering storm clouds privately approached the Bailiff intimating that, on a personal basis, he was not in favour of introducing paid judges in the Royal Court. He did, however, consider that there was an urgent need for a Police Court and for a night watch in the town. He went on to suggest that the Bailiff should propose some changes for the better which would appease the Home Office who were obviously concerned at the lack of activity on the part of the local authorities.

The Bailiff responded with a number of suggestions which included the establishment of a Police Court, the enacting of a criminal code and the introduction of a Night Police in St. Helier with a police station open 24 hours per day.

In dispatching the Bailiff's letters of recommendation to the Home Office, a breathing space was secured, in that if the measures suggested by the Bailiff were adopted the reform of the Royal Court would, for the time being, be left in abeyance. Despite this opportunity for the States to compromise their way out their predicament, another two years were allowed to pass without any further activity apart from the abortive and ill-fated criminal code.

Reform Continues

The local reformists, perhaps expecting no better from the system they were trying to change, continued to herald their cause. In November 1850 one of their many meetings took place in St. Helier, presided over by Philip Lempriere, Seigneur of Rozel, the purpose of which was to call upon the States, by way of a petition, to take more effective measures to protect life and property.

One of the most intereting aspects of the meeting concerned a debate on the issue of the effectiveness of the Night Watch. It was a common belief that they were insufficient to meet with the demands made upon them. A synopsis of occurrences giving cause for concern are worth recounting in that they identify the most pertinent policing problems of the day.

Will a Night Watch,

Prevent shameful and disgraceful scenes that occur on the pier on the arrival on the steamers of numerous people impressing them with fears for their safety?

Prevent the petty thefts, disorders and confusion that prevail every day in the public markets?

Prevent the various robberies perpetrated during the day - a common occurrence.

Prevent the danger to which pedestrians are every day subjected by men driving carts without reins, at rapid rate down narrow streets of the town and through country lanes as a result of which accidents occur?

Prevent desecration of the Sabbath by stopping revolting scenes of drunkenness and fights in the streets of St. Helier, also the assemblage of a number of boys during divine service, fighting dogs, blasphemous language and traversing the countryside with fowling pieces to the dismay of the public?

Reading this catalogue of disorder it is hard indeed to understand at that time the opposition to a uniformed police.

In 1851 the Governor, despairing at the lack of activity by the States, despite their many promises, wrote to the Home Secretary expressing his doubts that the Island system of policing would change unless the British Government intervened with an "Order in Council". The Home Secretary instructed that the Law Officers prepare a draft "Order in Council" to establish a Police Court and a Police Force for St. Helier. The "Order" was received by the Governor in January 1852.

Prior to forwarding the Order to the Bailiff to be registered by the Royal Court the Governor underwent a change of heart and urged delay. This change of heart was apparently a direct result of the Bailiff having warned the Governor that presentation of the Order would cause turmoil within the Island, and a short postponement was agreed to allow the Bailiff time to prepare his objections to the Order.

Eventual presentation of the Order to the Royal Court resulted in its referral to the States where, following a most violent debate, registration was suspended and preparations made for formal protest to be made to the British Government.

Of considerable significance were the divisions which appeared within the States. Reality seemed to have dawned upon some members that if they were to escape the dictates of the Order in Council they must offer something in return. An opportunity they had let slip on at least two previous occasions.

In August 1852 the States passed a number of Acts which included provision for a Police Court and the formation of a uniformed police for St. Helier. Even then there were significant differences between the recommendations contained in the report of the Commissioners and the Order in Council on the one hand, and the Acts passed by the States, intent on resisting to the end the changes which threatened the 'political police system' which had been guarded so effectively for centuries.

The Order in Council clearly stated that the Lieutenant Governor was to appoint and control an all Island Police Force comprising of a Superintendent and 22 men who were to operate totally independent of the honorary system.

The Acts of the States however allowed for only ten men to be appointed by a committee of the States and acting under the instruction of the Constable of St. Helier. They were in fact to function only as a night watch in the town.

There followed a period of argument and counter argument between the British and Jersey authorities which unfortunately departed from the actual points at issue and centred more upon whether the Crown could legislate for Jersey without the agreement of the States. Eventually it was accepted that although the States' Acts did not carry the initial intent of the Order to full effect, they did contain an element of the Order which could subsequently be built upon to the benefit of the Island.

Neither side had in fact prevailed. The stubbornness of the political police antagonists had brought the Island to what amounted to a constitutional crisis over what was simply the right of the public to a fair system of justice and an efficient Police Force. The dangers of having a police system so closely embroiled in politics had almost had far reaching changes forced upon the Island's constitution.

The unfortunate result of the 'climb down' by the Home Office was that the prime aim of the Commissioners - to sever the police/political connection - had not materialised. An issue destined to haunt the professional police service well into the 20th century.

The St Helier 'Paid Police'
The St. Helier Paid Police finally appeared on the streets of St. Helier in January, 1854, tasked to patrol the town between the hours of 6 p.m. and 2 a.m. As a result, they became known as the night watch or "garde de nuit". Although uniformed on similar lines to United Kingdom officers there the similarity ended for they were restricted to the powers of Constables Officers and were entirely dependent upon the specific authority of Centeniers in matters of arrest and search. This was a situation which was to remain unchanged for 120 years.

It is not the purpose of this document to chronicle the activities of the Paid Police but it must be said that they encountered all of the problems of general policing without many of the powers or freedom of action which their duties often demanded. Not infrequently criticism was levelled at the officers, usually when comparisons were drawn between them and their United Kingdom counterparts. It was, however, seldom recalled that they functioned under quite different terms of reference and were subordinate to the Honorary Police, the latter readily assuming the mantle of authority but displaying extreme reluctance to take responsibility for issues which did not meet with public approval.

Slowly, however, the presence of the Paid Police came to be felt among the less law abiding members of the community as they came to play a more central part in policing the town and, on occasions, responded to requests for assistance from the country parishes.

It should be recalled that until the latter part of 19th century the officers also acted as volunteer firemen and, in the early 1940s, also as ambulance men.

In 1909 an attempt was made to place the St. Helier Paid Police on a more professional footing and to enhance their status by appointing a 'Chief Officer' with the powers and authority of a Centenier.

The proposition was, surprisingly to many, unanimously supported by the then Connétable of St. Helier and the members of his Honorary Police. This support was no doubt in no small measure due to the close relationship which had been developed between the two forces while working so closely together for so many years.

The proposition was strongly and successfully opposed by the rural bloc in the States who were of the opinion that such a move would undermine the honorary system of policing and parochial administration.( The ghosts of the Royal Commission were still around.) By 1914 the Force consisted of 21 officers.

The vexed question of the relationship between the Honorary and Paid Police would not go away and, in 1934, the Defence Committee of the day sought to define the legal position of the Paid Police and, hopefully, to extend the scope of their duties. To this end another commission was arranged with three primary questions to answer:

Whether police experts could be placed at the disposal of the Honorary Police.

Examine whether it was expedient to retain the fundamental principle of the honorary system of policing.

Present a recommendation for re-organising the Paid Police to ensure that they could operate in accordance with the policing needs of the Island.

The Commissioners concluded that the Paid Police were in need of additional powers enabling them to operate in other parishes. The Commissioners acknowledge that such a move would make it difficult for the Connétable of St. Helier to retain his existing control over the Paid Police. Particularly in the event of conflict with other Connétables.

Further reasons to move the Paid Police away from the control of the Parishes was identified as the increasing responsibility which the States were assuming for customs procedures, dangerous drugs and road traffic all of which had policing implications. It was therefore the opinion of the Commissioners that the States should have full responsibility for policing these and many other matters.

The aim of the Commissioners was to introduce a more flexible and professional police system, retaining the honorary principle and the authority of the Connétables in their parishes. They recommended that the Connétable of St. Helier should relinquish his powers over the Paid Police and that the States should have responsibility for "all insular purposes foreseen and expected".

However the Commissioners were at pains to recommend that responsibility for the investigation and prosecution in criminal matters should continue to be exercised by the Attorney General and the Honorary Police who could call upon the professional help of the Paid Police as and when necessary.

As a consequence of these recommendations, in 1935, the States adopted the principle of a professional police force operating on an island wide basis The controversy which this generated resulted in the necessary legislation being delayed and it was not introduced until some three years later in 1938. Although the preamble to the Bill was accepted the Bill itself was rejected by the States due in the main to opposition from the rural members.

The Commissioners had placed considerable emphasis on the need to increase the efficiency of the police system, but had made no attempt to question the basic doctrine of the Honorary Police. It existed at parish level with the same close relationship between the judiciary, executive and legislature which had characterised relations between the Royal Court and the States at the time of the 1846 Royal Commission.

In the minds of many of its members, the concept of Honorary Policing reflected the fine principles of self-help and the notion that many parish problems could be dealt with informally and personally and did not require the intrusion of the perceived more impersonal uniformed police and the Courts.

One inevitable consequence of such a system, as identified by the Commissioners, was the belief among many of the citizens that such an informal approach, allied to a great deal of discretion in procedures, often resulted in bias in its dealings, with emphasis centring more upon a person's reputation and standing, which could vary from parish to parish, rather than any proof of innocence or guilt.

The activities of the St. Helier Paid Police during the occupation years 1940 -1945 are unique and worthy of a reference work of their own. Organisation wise, the Force remained static, cut off from any developments in policing and policing practices, until the Liberation in 1945.

With the period of occupation and subsequent liberation behind them islanders got down to what was for many a new way of life and, in 1947, the Attorney General wrote to the Defence Committee expressing his concern at what he considered the inadequacy of the police organisation to cope with the level of crime prevalent in the Island.

Around that time Superintendent Mahon of New Scotland Yard and Mr. Colin Firth (a forensic scientist) were in the Island investigating a series of deliberately set fires which had occurred in a number of business premises in and around the town area. The Superintendent was invited to examine and report upon policing within the Island as a result of a confidential paper submitted by Mr. Firth to the Defence Committee. In his confidential report, Superintendent Mahon was most critical of the system of policing and its lack of efficiency. The Paid Police now numbered fifty in total.

In 1950 Sir Alexander Maxwell GCB, KBE (former Permanent Under Secretary) and Mr. F.T. Tarry CBE (HM Inspector of Constabulary) were invited by the States to look at the system of policing and to submit their views and recommendations. Little had changed since the Commission of 1934, and Maxwell and Tarry soon found that the same flaws existed.

'Paid Police' go Island wide:
In brief, their recommendations were that the honorary police should be supplemented by the professional services of the Paid Police to assist in crime prevention and detective work and that the Paid Police should have the same powers in all parishes. They went on to say that a full time Chief Officer of Police responsible for training and technical aids should be appointed. The new force should also be provided with a Headquarters premises away from the St. Helier Town Hall. The report was extensive and resulted in the Paid Police Force (Jersey) law, 1951, being passed and the Jersey Paid Police becoming available on an island-wide basis.

The years which followed the Maxwell-Tarry report were important ones for the Force, with many of the recommendations being adopted including the appointment of a Chief Officer. Under the guidance of their new Chief Officer the Force began to take on a more professional role.  The relationship with the Honorary Police still remained a tolerated one with the Paid Police remaining subordinate to their honorary colleagues. The Defence Committee still only had responsibility for administering the Force in matters of organisation, training and discipline.

The continuing increase in calls upon the Force for assistance with a widening range of offences and incidents called for a further assessment of the situation and the status of the Paid Police. As a result, in 1958, Mr. Tarry was invited to return to Jersey to carry out an informal inspection of the Force.

Mr. Tarry and his assistant Superintendent J.W.Kennedy found little to criticise in the organisation, training and knowledge of the Paid Police but felt that in general terms the Island was not receiving the level or standard of service it deserved particularly when compared to the United Kingdom.

These comments were based, at least in part, on the inadequate strength of the Paid Police Force and also on the fact that, in their view, "the efficiency and status of the Force could not be expected to reach its full potential so long as the members of the Force remained in a subordinate position to the honorary Police - did not possess the power to arrest - and did not hold the full initiative and responsibility in the investigation of crime"

These comments prompted the question of whether the traditional system of Honorary Policing was able to cope with the Island wide increase in policing matters. The time was not, however, considered appropriate to pursue this controversial issue.

One of Mr. Tarry's recommendations was that the name of the Force should be changed to reflect its island wide responsibilities. As a result of this recommendation in 1960 the Jersey Paid Police Force became "The States of Jersey Police Force."

It was not until 1974 however that following an inspection and report by Mr. R.G.Fenwick QPM one of Her Majesty's Inspectors of Constabulary the States passed the Police Force (Jersey) Law, 1974, giving members of the Force the power to arrest offenders and suspected offenders and the ability to go about their duties without regard to parish boundaries.

Finally the recommendations of the 1846 Royal Commission in respect of an island wide Police Force became a reality - almost 130 years later.

Policing in Jersey does not centre solely upon the honorary and professional forces and any document addressing the history of policing would be incomplete if it failed to address the valuable contribution provided by both 'Special Constables' and 'Auxiliary Police Constables' at various times in Island history.