States of Jersey Police Force Law 201-
Report
Unlike the Police Force (Jersey) Law 1974 (‘the 1974 Law’), as currently enacted, the States of Jersey Police Force Law 201- (‘the draft Law’) will only apply to the States of Jersey Police. The 1974 Law will be renamed the Honorary Police (Jersey) Law 1974 and will apply to the Honorary Police.
Part 4 of the 1974 Law established the Port Control Unit, which comprised Port Control Officers. This specific role no longer exists as, by 2000, there was only one remaining Port Control Officer who was transferred to duties within Police Headquarters. Reference to the Unit is not therefore made in the draft Law.
The draft Law will establish a Police Authority for Jersey. Following a recommendation made in the Clothier One Report (Police Services in Jersey, July 1996) the States approved the establishment of a Police Authority on 19 May 1998 (“Policing of the Island” P.49/1998). Subsequently, the Home Affairs Committee set up a ‘Shadow’ Jersey Police Authority, which operated between 2001 and 2003, to commence the process of establishing a Police Authority in law. However, by 2003 it was becoming clear that the shadow authority was foundering. The Home Affairs Committee analysed the reasons for this in a report which it published as RC35/2003. The principal reasons for the problems being experienced at the time were as follows:
- Insufficient application of resources to carry out the task.
- Insufficient focus on the establishment by law of a police authority.
- Taking on the mantle of a police authority without any legal foundation.
- Lack of interest in the post of JPA Chairman.
- The uncertainty in the future role of Connétables.
‘Clothier One’ had recommended that the Connétables should cease to be the heads of the Honorary Police in their parishes. In 1999 the Connétables agreed to separate the policing side of their role from the administrative side, and handed day-to-day responsibility for all policing issues to the Chefs de Police. However, whilst the Honorary Police (Jersey) Regulations 2005 made certain provisions for the Chefs de Police, it remained the case that the policing powers of the Connétables have never been removed formally. The delay in bringing forward the draft Law is due to the discussions and work that have been necessary in seeking to resolve this issue. This will be addressed by the introduction of the Connétables (Miscellaneous Provisions) (Jersey) Law 201-, which will repeal the policing functions of the Connétables, and which will be lodged by the Comité des Connétables in due course, with a view to it being debated by the States coincident with this Law.
In an effort to move this matter forward, the previous two Ministers decided to follow the template provided by the Gibraltar Ordinance for the establishment of a police authority in a small jurisdiction and that, for the time being, the provisions would not include the Honorary Police. They had been attracted to this model following discussions at an Offshore Policing Forum in Gibraltar with Her Majesty’s Inspector of Constabulary. Consequently, similar provisions to that ordinance were included at Articles 3 to 6 and 17 and 18 in the draft Police Force (States) (Jersey) Law 200-. However, the Chief Officer Home Affairs then carried out a detailed review of the provisions and advised the then Minister that the Gibraltar provisions could not be read across directly to Jersey given the absence of a Home Department in Gibraltar and the enhanced powers of their Governor.
Following consultation on the draft Police Force (States) (Jersey) Law 200- in mid-2008, further criticisms of the Police Authority provisions were made, including some arising from an Education & Home Affairs Scrutiny Panel Hearing. The consensus was that the provisions, as drafted, still did not make it clear what the Police Authority was responsible for precisely, and where the division of responsibility would lie between the Authority and the Minister for Home Affairs. It was felt that the draft Law was too weak in relation to oversight of the States of Jersey Police.
In late December 2009, the Minister for Home Affairs requested the Chief Officer Home Affairs to prepare a report in relation to the creation of an Independent Jersey Police Authority. He worked in consultation with the Acting Chief Officer States of Jersey Police and the report was produced in March 2010.
On 23 March 2010 the States approved Senator Breckon’s proposition (P.23/2010 – Independent Jersey Police Authority: Establishment):
“to request the Minister for Home Affairs to present to the States for approval no later than December 2010 detailed proposals for the establishment of an Independent Jersey Police Authority to oversee the work of the States of Jersey Police.”
The Minister for Home Affairs welcomed the Senator’s Proposition and, in his comments thereon (P.23/2010 Com.(2)), set out his initial views on the need to strike a fine balance in terms of the strength of the Police Authority.
In January 2010 the Minister for Home Affairs had established a Consultative Group, comprising 6 members of the States who have a particular interest in matters relating to policing, to look at the issue. The Group met on a number of occasions, and identified the principles that they felt should underlie the establishment of an independent Police Authority. The principles were as follows:
(i) That the Minister for Home Affairs would retain the responsibility for setting policy in respect of key aims and objectives, on advice from the Police Authority. That the role of the Police Authority would be to oversee the implementation of that policy.
(ii) That there was a need to safeguard the operational freedom of the States of Jersey Police, but with the Minister or the Police Authority having the right to make enquiries and to seek a report from the Chief Officer of Police in relation to the manner in which any operation is being conducted
(iii) That the Minister for Home Affairs may set management policies for the States of Jersey Police Force in areas which may impact on the reputation or image of the States of Jersey Police Force or the Island of Jersey.
(iv) That the Police Authority would consist of 7 people with a Chairperson, 2 States Members and 4 lay members.
(v) The budget for the Police Authority would come from within the Home Affairs Department budget, but would need to be far more moderate than that which was normal in the UK.
On 21 December 2010, the Minister for Home Affairs lodged P.192/2010, which set out formally the principles that should apply to the establishment of a Police Authority in Jersey and the roles to be played by the Minister for Home Affairs, the Police Authority and the Chief Officer, States of Jersey Police. The Minister also undertook to bring forward for approval the necessary draft legislation to include those provisions.
As mentioned above, the draft Law establishes the Jersey Police Authority and sets out its duties (Article 4). This links with principle (i) above. The membership of the Authority is set out in Article 5 of the draft Law. Principle (iv), agreed by the Consultative Group, was that there should be 7 members of the Authority. The draft Law allows for flexibility in the number of members and provides that the Authority should consist of a minimum of 5 and a maximum of 7 members; this recognises that there may be a period of time where a member, or members, have left and a recruitment process is being undertaken to replace them.
The Appointments Commission will be consulted in relation to the appointment of the members of the Police Authority who are not elected members of the States. The recruitment process will follow the guidance set out in the Commission’s Code of Practice for Appointments to Autonomous and Quasi-Autonomous public bodies and tribunals.
Having consulted with the Chief Officer, States of Jersey Police, the Police Authority will draw up an Annual Policing Plan each year before 1 December in respect of the following financial year. The Plan will set out the aims and objectives for the Force for the following year. The Minister is able to amend the Plan, having consulted with the Police Authority and the Chief Officer, States of Jersey Police; he will then present it to the States (Article 19). It is intended that the Minister will be able to present the Plan to the States before the end of the year in which it has been received from the Police Authority.
The Police Authority will also be responsible for compiling an Annual Policing Report within 3 months of the end of the previous financial year. The Report will set out the way in which the provisions of the Annual Policing Plan have been addressed by the Force and will review the performance of the Force. The Minister will be responsible for placing the Report before the States, but is not able to amend the Annual Policing Report (Article 20). The Annual Policing Report will replace the current Annual Performance Report.
The functions of the Minister in relation to the States of Jersey Police and the Police Authority are set out in the draft Law (Article 3). The draft Law gives the Minister overall and ultimate responsibility for the functioning of the States of Jersey Police Force. It also makes the Minister responsible for ensuring that the Police Authority carries out its functions effectively. Further it provides that the Minister shall set policies in relation to the key aims and objectives of the States of Jersey Police Force and the Force’s management policies in areas which may impact on the Force’s reputation or the reputation of Jersey and its people, having consulted with the Police Authority. These are new provisions and link in with principles (i) and (iii) above.
The 1974 Law provided that the Chief Officer of the States of Jersey Police was appointed by the States. However, it is felt that the States involvement in the process of appointing and disciplining the Chief Officer of the States of Jersey Police may overly politicise that post. The draft Law enables the States to make Regulations in relation to the appointment of the Chief Officer and Deputy Chief Officer of the States of Jersey Police (Article 9). The Regulations may include who may make the appointments, who may determine the periods of the appointments, who may determine terms and conditions, issues relating to suspension or dismissal from office and disciplinary arrangements. For these purposes, the Regulations may impose functions or confer powers on a number of bodies including the States Assembly, the Minister, the States Employment Board and the Royal Court.
The draft Law enables a police officer to make a solemn affirmation, rather than taking the oath of office (Article 15). This is a new introduction, as the 1974 Law only included an oath of office.
The Home Affairs Department is in a unique position in that it is the only department of the States which has 2 chief officers who are members of the Corporate Management Board: the Chief Officer Home Affairs and the Chief Officer, States of Jersey Police. Under Article 9 (3) of the Police Force (Jersey) Law 1974, the Police Chief is legally responsible to the Minister for Home Affairs. The Chief Officer Home Affairs has no similar legislative responsibility but, clearly, is answerable to the Minister by virtue of his position. Because of these relationships, both chief officers occupy an equal position. The Police Chief is solely responsible for the operation of the States of Jersey Police and the Chief Officer Home Affairs, plays no part therein. The only exception to this division of responsibility is in the area of finance because the Chief Officer Home Affairs is the accounting officer for the whole of the Home Affairs area including the States of Jersey Police. Since the advent of Ministerial Government and the introduction of the Public Finances (Jersey) Law 2005, this system operated successfully but the Historical Child Abuse Enquiry (HCAE) exposed certain weaknesses in the financial management framework. In his report into the HCAE under the Public Finances (Jersey) Law 2005, the Comptroller and Auditor General opined: “these events highlight a difficulty faced by the Chief Officer of the Home Affairs Department. As Accounting Officer for the Department and thus, in effect, for the services for which the Department is responsible, he is personally accountable for those services’ expenditure. He is thus personally accountable for expenditure by the States of Jersey Police. However, the Department’s Chief Officer is constrained from issuing instructions to the Chief of Police on operational matters in the interest of preserving the operational independence of the States of Jersey Police. Indeed, the Chief of Police reports directly to the Minister for Home Affairs and not to the Chief Officer. The effect is that the Department’s Chief Officer is denied the means which he might satisfy himself that appropriate financial controls have been instituted within the States of Jersey Police as one would normally expect an Accounting Officer to do.” Because of the introduction of the draft Law, it is considered opportune to address this difficulty by making the Chief Officer States of Jersey Police the sole accounting officer of the States Police Force (Article 17(5)). For practical purposes, however, the transfer to the new accounting officer arrangements is planned to take place on 1 January 2012 in advance of the new Law coming into force.
The accountability of the Chief Officer, States of Jersey Police, is set out in Article 18 of the draft Law. It establishes the reporting lines from the Chief Officer to the Minister and / or the Police Authority in relation to his / her functions and enables the Police Authority or the Minister to advise or provide a report on any policing matter. This links to principles (i) and (ii) agreed by the Consultative Group. Importantly, at sub-paragraph (6) of this Article, the need for the Minister and the Police Authority to have regard to the operational independence of the States of Jersey Police Force is emphasised. This is a core issue, but it is acknowledged that it will not always be easy to get the correct balance, particularly when operations are ongoing. There is a fine line between a strictly operational matter and something which may become a significant issue and require ministerial involvement or the involvement of the Police Authority.
Under the draft Law, the Chief Officer, States of Jersey Police will continue to be liable in respect of any torts committed by police officers whilst they are performing their functions as police officers (Article 25).
Article 7 of the 1974 Law currently requires the Chief Officer to inform a Connétable as soon as may be of any occurrence in the Parish that required action by the States Police and of any investigations being conducted by the States Police in the Connétable’s Parish. In turn, the Connétable must inform the Chief Officer of similar information. The draft Law (Article 21) provides that the Chief Officer of the States of Jersey Police and the Attorney General (as titular head of the Honorary Police) must establish appropriate arrangements for working in partnership and exchanging information. This effectively formalises the Memorandum of Understanding which is in place between the Honorary and States of Jersey Police. One of the responsibilities of the Comité des Chefs de Police, under the Honorary Police (Jersey) Regulations, 2005, is to promote consistency in operational practice between the Honorary Police of each Parish. Accordingly, the Comité des Chefs and the Comité des Connétables have to be consulted by the Chief Officer, States of Jersey Police and the Attorney General before establishing the formal arrangements.
In cases where the Chief Officer, States of Jersey Police feels that the States of Jersey Police needs assistance to meet a special demand on its resources, and having obtained the approval of the Minister, he / she can request assistance from another police force in the British Islands. The States of Jersey Police had this ability under the 1974 Law (Article 3(5)). However, the draft Law goes slightly further, in that it allows the Chief Officer, States of Jersey Police, to call on the resources of another ‘law enforcement agency’ (for example, the Serious Organised Crime Agency) in addition to another police force (Article 22).
The draft Law also includes the provision, at Article 23, for the States of Jersey Police to reciprocate and provide assistance to another police force within the British Isles if that force needs to meet a special demand on its resources. This provision was not contained within the 1974 Law and it only applies to providing assistance to other police forces and not to other law enforcement agencies.
The draft Law introduces the facility for the Chief Officer, States of Jersey Police to make charges for the provision of police services, having sought the approval of the Minister (Article 24). The conditions and circumstances in which a charge could be made will be set out in Regulations, which will require the approval of the States Assembly. This is in line with the provisions of the Act of the States of 24 June 2003, where it was agreed that no new ‘user pays’ charges should be introduced without to prior approval of the States. It is also in line with Financial Direction 4.1 of the States of Jersey relating to increases in States fees and charges. If approved by the States, the levying of a charge under the Regulations would be discretionary.
The draft Law enables the States, by Regulations, to make provisions for States employees to carry out those functions of a police officer that are specified in the Regulations. These Regulations must include that the Minister will designate States employees, in writing, to carry out such functions of a police officer as may be specified; must specify the conditions which must be met and must make provision relating to the way in which complaints against, or misconduct by, a States employee will be dealt with whilst they are carrying out the functions of a police officer (Article 26). Further, at Article 27 of the draft Law, the Chief Officer would be able to enter into agreement with contractors for the performance of services which are usually undertaken by police officers. Any such agreement will be governed by Regulations to be placed before the States, which clearly indicate the parameters within which the contractors would operate.
The purpose of these two Articles is to afford flexibility to the States of Jersey Police in that it enables them to outsource certain roles. As an example, as part of the CSR process, the States of Jersey Police are considering whether there is merit in outsourcing the transportation of prisoners between custodial facilities. Many police forces in the UK have outsourced prisoner transportation and some elements of custody to private firms.
The wording of Articles 29 and 30 of the draft Law, which deal with offences, namely, impersonation of a police officer and wasting police time, is almost identical to the wording of the same offences in the 1974 Law. The difference, however, is in the level of fine that may be levied against anyone convicted of the offence. In the 1974 Law, the level of fine was expressed as a set amount; for example £200 for wasting police time. In the draft Law, the fine is expressed by reference to the standard scale, which is set out in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993. For the offence of wasting police time, a person is liable to a fine of level 4 on the standard scale, which currently equates to £5,000, and to a period of imprisonment of up to 6 months. The offence of impersonating a police officer attracts the same penalty. The tariff reflects the seriousness of these particular offences.
The introduction of the draft Law will amend various other enactments, which are set out in the Schedule to the Law. The principal change is to the 1974 Law which, as set out above, will have various parts repealed and changes made to the effect that it will relate solely to the Honorary Police once the draft Law comes into force. A copy of the Honorary Police Force (Jersey) Law 1974, as it will look once amended by the draft Law, is attached as an appendix.
The draft Law introduces a new Article 1, Interpretation, which states, inter alia, that references in the 1974 Law to ‘police officer’ mean a member of the Honorary Police.
The draft Law repeals paragraph (5) of Article 3 of the 1974 Law. This relates to the Minister making agreements with other police forces in the British Islands to put members of that force at the disposal of the States of Jersey Police Force. This does not relate to the Honorary Police, so is no longer required in the 1974 Law and, as detailed above, is covered by Article 22 of the draft Law. Article 5A of the 1974 Law deals with the Honorary Police requesting or giving assistance between parishes.
The draft Law also repeals Articles 6 and 7 of the 1974 Law. Article 6 of the 1974 relates to prescribed offences, and stipulates that where a member of the Honorary Police on investigating any occurrence has cause to believe that any prescribed offence has been or is about to be committed, they must immediately request the assistance of the States of Jersey Police Force. Prescribed offences are those common law and statutory offences that are set out in the Schedule to the Police Force (Prescribed Offences) (Jersey) Order 1974.
As detailed earlier, Article 7 of the 1974 Law relates to the Chief Officer of the States of Jersey Police informing a Connétable of any occurrence in his / her parish which required action by the States of Jersey Police Force and of any investigations being conducted by the States of Jersey Police Force in the Connétable’s parish. It also puts a similar obligation on the Connétable, to inform the Chief Officer States of Jersey Police of any non-trivial occurrence that had taken place in the parish and which required action by the Honorary Police. These exchanges will now be covered by Article 21 of the draft Law, which provides that the Chief Officer of the States of Jersey Police and the Attorney General (as titular head of the Honorary Police) must establish appropriate arrangements for working in partnership and exchanging information; thereby effectively formalising the Memorandum of Understanding which is in place between the Honorary and States of Jersey Police.
The draft Law repeals Parts 3 and 4 of the 1974 Law. Part 3 relates to the States of Jersey Police Force and Part 4 to the Port Control Unit, which no longer exists.
The draft Law repeals Article 21 of the 1974 Law. This relates to remedies against members of the States of Jersey Police Force and Port Control Officers and does not relate to the Honorary Police.
The draft Law amends Article 23 of the 1974 Law, relating to impersonation etc. of a police officer (Honorary Police Officer). In the current 1974 Law, the level of fine that these offences attract is given as a set amount. The draft Law amends the Article so that the fine is expressed by reference to the standard scale, which is set out in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993. For the offence of impersonating an Honorary Police officer, a person is liable to a fine of level 4 on the standard scale, which currently equates to £5,000, and to a period of imprisonment of up to 6 months. The tariff reflects the seriousness of this offence. Wearing any article of police uniform with intent to deceive attracts a fine of level 3 on the standard scale (£2,000); and unlawful possession of an article of police uniform attracts a fine of level 2 on the standard scale (£500).
The draft Law also amends Article 24, to the effect that it now only relates to wasting Honorary Police time. Again, as with the amendment to Article 23, the penalty is expressed by reference to the standard scale. This offence attracts a fine of level 4 on the standard scale (£5,000) and a period of imprisonment of 6 months.
The draft Law repeals Article 25 (Oath of Office), Article 26 (Restriction on taking other employment) and Article 27 (Associations) of the 1974 Law, which relate to members of the States of Jersey Police Force and Port Control officers and not to members of the Honorary Police.
It further repeals Article 28, which enables the Minister for Home Affairs to make Orders for any matter prescribed by the 1974 Law; and Article 29, which provides that the Attorney General and Solicitor General shall be entitled to attend, in a consultative capacity, any meeting of the Minister at which a matter arising under the 1974 Law is to be considered.
Owing to the time taken to bring this draft law before the States, there has been further consultation with the Comité des Connétables, Comité des Chefs de Police and the Police Association, in order to re-validate those provisions in which they have an interest. As a result, a number of improvements have been made to the draft Law and most of the suggested changes have been accommodated. In particular, the Comités’ comments gave greater clarity to Article 16 (duties and powers of police officers) and Article 29 (impersonation of police officer). However, in Article 21 and having consulted the Attorney General as titular head of the Honorary Police, it was felt impractical to add a further provision that the prior agreement of the Comités should be obtained before establishing arrangements for the exchange of information and partnership working. Both Comités will, of course, be consulted fully on these issues.
Financial and manpower implications
The financial and manpower implications associated with the draft Law relate, primarily, to the establishment of a Police Authority for Jersey. Provision has been made for funding the establishment of the Authority within the Home Affairs growth bids for 2012 in the sum of £100,000 per annum. This figure is an estimate based on the likely requirements for rented office space and part-time administrative support for the Authority. It is intended that members of the Authority will carry out the work on an honorary basis, although they would be able to claim expenses.
Human rights compliance
In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000, the Minister for Home Affairs has made the following statement – in the view of the Minister for Home Affairs the provisions of the Draft States of Jersey Police Force Law 201- are compatible with the Convention Rights.
Honorary Police (Jersey) Law 1974
Arrangement
Article
PART 1
General
1 Interpretation
2 Duty of police officer
3 Power of police officer
PART 2
composition and jurisdiction
4 Composition of Honorary Police
5 Jurisdiction
5A Requests for assistance
PART 5
Miscellaneous
20 Property in possession of HONORARY Police
22 Remedies against members of the Honorary Police
23 Impersonation etc. of police officer
24 Wasting HONORARY Police time
30 Citation
Honorary Police (Jersey) Law 1974
A LAW to make provision for the Honorary Police, and for related purposes.
Commencement
PART 1
General
1 Interpretation
In this Law, unless the context otherwise requires –
‘designated Customs custody facility’ means any place that may be used for the purpose of detaining arrested persons, by the Agent of the Impôts or any officer of the Impôts, by virtue of the application of Article 33 of the Police Procedures and Criminal Evidence (Jersey) Law 2003 by an Order made under Article 107 of that Law;
‘Force’ means the States of Jersey Police Force;
‘Minister’ means the Minister for Home Affairs;
‘police officer’ means a member of the Honorary Police;
‘prescribed’ means prescribed by Order.
2 Duty of police officer
It shall be the duty of a police officer to the best of his or her power to cause the peace to be kept and preserved and prevent offences, whether under customary law or statutory law, against the person and property of Her Majesty’s subjects and to take all such lawful measures as may be necessary for the purposes of bringing offenders with all due speed to justice.
3 Power of police officer
(1) Where a police officer with reasonable cause suspects that any person has committed, is committing or is about to commit, an offence the police officer may arrest that person.
(2) There shall be expressly reserved to a Connétable and a Centenier the powers of –
(a) the customary right of search;
(b) the granting of bail to any person;
(c) the formal charging of any person with an offence, without prejudice to the customary powers of the Attorney General in the prosecution of offences.
(3) Subject to the provisions of paragraph (2), a police officer shall have all other powers and privileges relating to policing which a Connétable or Centenier has by virtue of the common law or of any enactment for the time being in force.
(4) Where a Connétable or, in the Connétable’s absence, a Centenier declines to charge any person, the Attorney General may give such directions to such persons as the Attorney General thinks appropriate.
[paragraph (5) repealed]
PART 2
composition and jurisdiction
4 Composition of Honorary Police
(1) The Honorary Police shall comprise, as hitherto, one Connétable for each parish in Jersey and such number of Centeniers, Vingteniers and Constable’s Officers for each parish or Vingtaine as the States shall specify by law.
(2) Except as provided in the Centeniers (Terms of Office) (Jersey) Law 2007 and the Connétables (Jersey) Law 2008, members of the Honorary Police shall continue to be elected in the manner specified prior to the coming into force of this Law.
(3) Subject to paragraph (4), the Honorary Police shall be under the general supervision of the Attorney General.
(4) The States may make Regulations as to the administration and conditions of service of members of the Honorary Police and in particular, but without prejudice to the generality of the foregoing, as to the qualifications for election, and the retirement of members of the Honorary Police.
5 Jurisdiction
(1) A member of the Honorary Police of a parish shall be empowered to act within the territorial limits of that parish.
(2) For the purposes of paragraph (1), the territorial limits of a parish include –
(a) the headquarters for the time being of the Force;
(b) any police station for the time being used by the Force;
(c) any designated Customs custody facility;
(d) any building for the time being designated by the States as a place for use by the Magistrate’s Court;
(e) the General Hospital;
(f) the prison (as defined in the Prison (Jersey) Law 1957).
(3) A member of the Honorary Police of a parish shall also be empowered –
(a) to pursue into any other parish and there arrest any person who has committed, or whom the member of the Honorary Police has reasonable cause to suspect of having committed, or of having been about to commit, any offence; and
(b) to continue investigations into any matter in any other parish, where those investigations started in the parish for which he or she is such a member.
(4) A member of the Honorary Police of a parish shall also be empowered to exercise the powers of a member of the Honorary Police of another parish if the member, whilst in that other parish –
(a) encounters a person whom the member reasonably believes is in the act of committing an offence against another person or against another person’s property or to have just committed such an offence; or
(b) is at the scene of an incident and reasonably believes that the immediate exercise of those powers is necessary in the interests of public order or safety.
(5) A member of the Honorary Police who decides to exercise the powers conferred by paragraph (4) shall inform the Connétable or a Centenier of the parish in which the powers are to be exercised –
(a) before acting upon that decision or,
(b) where it is not practicable to do so before so acting, as soon as possible afterwards.
5A Requests for assistance
(1) The Connétable or a Centenier of a parish (the ‘requesting parish’) may request the Connétable or a Centenier of another parish (the ‘assisting parish’) to place at the disposal of the requesting parish members of the Honorary Police of the assisting parish, for the purpose of meeting any policing need in the requesting parish.
(2) A Centenier of a requesting parish shall, no later than 24 hours after he or she has made a request under paragraph (1), inform the Connétable and (unless the Centenier is the Chef de Police) the Chef de Police of the requesting parish.
(3) A Centenier of an assisting parish who accedes to a request under paragraph (1) shall, no later than 24 hours after doing so, inform the Connétable and (unless the Centenier is the Chef de Police) the Chef de Police of the assisting parish.
(4) A member of the Honorary Police of an assisting parish shall, from the time when he or she is placed at the disposal of a requesting parish to the time when he or she is ordered to stand down, have all the powers and duties of a member of the Honorary Police of the requesting parish.
(5) The Connétable or a Centenier of an assisting parish may, at any time when a member of the Honorary Police of that parish is placed at the disposal of a requesting parish, request the Connétable or the Chef de Police of the requesting parish to order the member to stand down.
(6) A Connétable or Chef de Police shall comply with a request made under paragraph (5) as soon as is practicable.
(7) The Connétable or Chef de Police of a requesting parish may order a member of the Honorary Police who has been placed at the disposal of the requesting parish to stand down before the policing need is fully met.
(8) A Connétable or Chef de Police who orders a member of the Honorary Police to stand down under paragraph (7) shall, no later than 24 hours after doing so, inform the Connétable or Chef de Police of the assisting parish of the order.
[Articles 6 and 7, Parts 3 and 4 repealed]
PART 5
Miscellaneous
20 Property in possession of HONORARY Police
(1) The States may make Regulations for the disposal of property which has come into the possession of a police officer in cases where the owner of the property cannot be ascertained or found.
(2) Without prejudice to the generality of paragraph (1), any such Regulations may include a power to dispose of such property by sale and for the proceeds of such sale to be credited to such account as the Regulations may specify.
[Article 21 repealed]
22 Remedies against members of the Honorary Police
(1) The Connétable of each parish shall be liable in respect of torts committed by members of the Honorary Police of the Connétable’s parish in performance or purported performance of their functions in the same manner as a master is liable in respect of torts committed by the master’s servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
(2) There shall be paid out of funds provided by each parish –
(a) any damages or costs awarded against the Connétable of the parish in any proceedings brought against the Connétable by virtue of this Article and any costs incurred by the Connétable in any such proceedings so far as not recovered by the Connétable in the proceedings; and
(b) any sum required in connection with the settlement of any claim made against the Connétable of the parish by virtue of this Article if the settlement is approved by the Procureurs du Bien Public of the parish.
(3) Any proceedings in respect of a claim made by virtue of this Article shall be brought against the Connétable for the time being or, in the case of a vacancy in that office, against the senior officer of the Honorary Police of the parish; and references in paragraphs (1) and (2) to the Connétable shall be construed accordingly.
(4) A parish may, in such cases and to such extent as the Parish Assembly shall think fit, pay any damages or costs awarded against a member of the Honorary Police of that parish, in proceedings for a tort committed by the member of the Honorary Police, any costs incurred and not recovered by the member in such proceedings, and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings; and any sum required for making a payment under this paragraph shall be paid out of funds provided by that parish.
(5) In this Article –
(a) any reference to a member of the Honorary Police of a parish includes a reference to a member of the Honorary Police of another parish whilst he or she is placed at the disposal of the first-mentioned parish pursuant to Article 5A; and
(b) any reference to a tort committed by a member of the Honorary Police of a parish includes, where the member of the Honorary Police is acting as described in sub-paragraph (a), a reference to a tort committed by that member whilst so acting.
23 Impersonation etc. of police officer
(1) Any person who with intent to deceive impersonates a police officer, or makes any statement or does any act calculated falsely to suggest that the person is a police officer, shall be guilty of an offence and liable to imprisonment for 6 months and to a fine of level 4 on the standard scale.
(2) Any person who, not being a police officer, wears any 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, shall be guilty of an offence and liable to a fine of level 3 on the standard scale.
(3) Any person who, not being a police officer, has in his or her possession any article of police uniform shall, unless the person proves that he or she obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable to a fine of level 2 on the standard scale.
(4) In this Article “article of police uniform” means any article of uniform or any 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 Force; 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 Force.
24 Wasting HONORARY Police time
(1) Any person who causes any wasteful employment of the Honorary Police by knowingly making to any person a false report tending –
(a) to show that any offence has been committed;
(b) to give rise to apprehension for the safety of any persons or property; or
(c) tending to show that the person has information material to any inquiry by the Honorary Police,
shall be guilty of an offence and liable to imprisonment for 6 months and to a fine of level 4 on the standard scale.
(2) No proceedings shall be instituted for an offence under this Article except by or with the consent of the Attorney General.
[Articles 25, 26, 27, 28 and 29 repealed.]
30 Citation
This Law may be cited as the Honorary Police Force (Jersey) Law 1974.
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