(Jersey) Law 1974
A LAW to make provision for the Honorary Police, and for related purposes.
Commencement [see endnotes]
In this Law, unless the
context otherwise requires –
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;
the States of Jersey Police Force;
means the Minister for Home Affairs;
means a member of the Honorary Police;
means prescribed by Order.
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.
of police officer
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
to the provisions of any other enactment, there shall be expressly reserved to
a Centenier the powers of –
granting of bail to any person;
formal charging of any person with an offence, without prejudice to the
customary powers of the Attorney General in the prosecution of offences;
and deciding a parish hall inquiry into an allegation that an offence has been
a person charged with an offence before a court.
to the provisions of paragraph (2), a police officer shall have all other
powers and privileges relating to policing which a Centenier has by virtue of
the common law or of any enactment for the time being in force.
a Centenier declines to charge any person, the Attorney General may give such
directions to such persons as the Attorney General thinks appropriate.
of Honorary Police
Honorary Police shall comprise such number of Centeniers, Vingteniers and Constable’s
Officers for each parish or Vingtaine as the States shall specify by law.
as provided in the Centeniers
(Terms of Office) (Jersey) Law 2007 members of the Honorary Police
shall continue to be elected in the manner specified prior to the coming into
force of this Law.
to paragraph (4), the Honorary Police shall be under the general
supervision of the Attorney General.
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.
member of the Honorary Police of a parish shall be empowered to act within the
territorial limits of that parish.
the purposes of paragraph (1), the territorial limits of a parish
headquarters for the time being of the Force;
police station for the time being used by the Force;
designated Customs custody facility;
building for the time being designated by the States as a place for use by the
prison (as defined in the Prison
(Jersey) Law 1957).
member of the Honorary Police of a parish shall also be empowered –
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
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.
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 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.
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 –
acting upon that decision or,
it is not practicable to do so before so acting, as soon as possible afterwards.
5A Requests for assistance
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.
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
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
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.
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.
Connétable or Chef de Police shall comply with a request made under
paragraph (5) as soon as is practicable.
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.
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.
in possession of Honorary Police
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.
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.
against members of the Honorary Police
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.
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.
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.
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.
this Article –
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
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
etc. of police officer
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 3 on the standard scale.
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.
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
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.
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.
Honorary Police time
person who causes any wasteful employment of the Honorary Police by knowingly
making to any person a false report tending –
show that any offence has been committed;
give rise to apprehension for the safety of any persons or property; or
to show that the person has information material to any inquiry by the Honorary
shall be guilty of an
offence and liable to imprisonment for 6 months and to a fine of
level 3 on the standard scale.
proceedings shall be instituted for an offence under this Article except by or
with the consent of the Attorney General.
This Law may be cited as
the Honorary Police (Jersey) Law 1974.