Police conduct and custody procedures

​​​Request 733189269

Please provide information relating to police conduct, custody procedures, and safeguarding cases involving childcare professionals over the past 5 years:

1. Safeguarding Arrests: Number of childcare workers (nannies, nursery workers, childminders) arrested for safeguarding concerns, broken down by sex.

2. Operational Guidance: Policies on police handling of safeguarding complaints involving childcare professionals, including deployment of multiple officers and risk assessments prior to arrests.

3. Search & Seizure: Guidelines on searches of suspects’ homes and seizure of personal property or electronic devices during safeguarding investigations.

4. Custody & Detainee Rights:

• Policies on maximum waiting times for legal representation after arrest.

• Policies on maximum time detainees can be held before their first formal interview.

• In the past 3 years:

– Average and longest detainee waiting times for legal counsel after requesting it.

– Average and longest detainment times before the first formal interview.

• Guidelines on meal provision and medical care access for detainees.

5. Discrimination Safeguards: Training materials on unconscious bias, sex discrimination, and gender stereotyping relating to childcare workers. Number of complaints alleging sex discrimination in policing over the past 5 years.

6. No-Contact Conditions: Policies on communication with suspects under no-contact conditions, including police acting as intermediaries, and any assessments regarding the psychological impact of such communication practices.

Response

1 Please see attached table showing Number of childcare workers (nannies, nursery workers, childminders) arrested for safeguarding concerns, broken down by sex.

Freedom of Information response 733189269 - Attachment.pdf​

2. States of Jersey Police confirm that there is no dedicated policy specifically addressing the handling of safeguarding complaints involving childcare professionals. The SOJP follows the Multi-agency Managing Allegations Framework for Children. Multi-agency-framework-for-managing-allegation-in-respect-of-people-working-with-adults-in-a-position-of-trust-FINAL-OPERATIONAL-JULY-2023.docx​

In addition, in the Police operate in accordance with the Police Procedures and Criminal Evidence (Jersey) Law 2003 (PACE) when exercising powers of arrest and detention.

3. The information you have requested is already publicly available and therefore exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 – Information accessible to applicant by other means.

You can access the information via the following link referring to Code B.

Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004

4.

• The information you have requested is already publicly available and therefore exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 – Information accessible to applicant by other means. (answer to part 1 and 2 of question 4).

You can access the information via the following link referring to Code C.

Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004 ​

• We can confirm that the States of Jersey Police (SoJP) do not hold the information that you have requested regarding average and longest waiting detainee times for legal counsel after requesting it and average and longest detainment times before the first interview. Article 3 of the Freedom of Information (Jersey) Law 2011 applies, and a response is declined (answer to part 3 and 4 of question 4)

• The information you have requested is already publicly available and therefore exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 – Information accessible to applicant by other means (answer to part 5 of question 4)

You can access the information via the following link referring to Code C.           

Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004

5.

• States of Jersey Police confirm that there are no training materials on unconscious bias, sex discrimination, and gender stereotyping relating to childcare workers. Article 3 of the Freedom of Information (Jersey) Law 2011 applies, and a response is declined.

• States of Jersey Police confirm 2 complaints of sexual discrimination over the past 5 years.

6. There is no explicit provision in Jersey law permitting police to act as intermediaries to facilitate communication between a suspect and a protected person under no-contact conditions.

The Attorney General’s Guidance emphasises that bail conditions must comply with the European Convention on Human Rights (ECHR), particularly Articles 5 and 6 (right to liberty and fair trial)

Any communication facilitated by police must be:

• Court-approved.

• Strictly procedural (e.g. service of legal documents).

• Transparent and documented to avoid undermining the no-contact condition.

Jersey law does not mandate psychological assessments specifically for no-contact bail conditions, the Magistrate’s Court Practice Directions and broader procedural rules emphasise the need to deal with cases justly, including recognition of the defendant’s rights and welfare.

AG's guidance ECHR aspects of bail.pdf​

Articles applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.​​​​