States of Jersey
Police Force (Chief Officer and Deputy Chief Officer) (Jersey) Regulations 2017
part 1
preliminary
1 Interpretation
In these Regulations –
“2000 Order” means the Police (Complaints and
Discipline Procedure) (Jersey) Order 2000;
“Chief Executive Officer” has the same meaning as in the
Employment of States of
Jersey Employees (Jersey) Law 2005;
“complaint” has the meaning given in Regulation 3;
“complainant” has the meaning given in Regulation 4;
“conduct matter” means any matter about which there has
not been a complaint (other than one which has been withdrawn), but in the case
of which there is an indication, whether from the circumstances or otherwise,
that an Officer may have –
(a) committed
a criminal offence; or
(b) behaved
in a manner which would justify the bringing of disciplinary proceedings;
“disciplinary charge” and “disciplinary offence”
shall be construed in accordance with Regulation 5;
“disciplinary proceedings” means proceedings under these
Regulations for the hearing of a disciplinary charge;
“Discipline Code” means the Discipline Code in Schedule 1
to the 2000 Order;
“human resources professional” means a States’
employee who has responsibility for any personnel matters relating to police
officers;
“Law” means the States of Jersey Police Force Law 2012;
“legal representative” includes an advocate or a
solicitor;
“interested party” means a witness or any person involved
in conduct which is the subject of a complaint or conduct matter or who
otherwise has a direct interest in a complaint or conduct matter;
“investigating officer” shall be construed in accordance
with Regulation 13(1);
“investigating panel” has the meaning in
Regulation 2(1);
“Officer” without qualification, means the Chief Officer
or the Deputy Chief Officer, as the case requires;
“Officer concerned” means the Officer who is the subject
of the complaint or conduct matter;
“Police Authority” means the Jersey Police Authority;
“Police Complaints Authority” means the Jersey Police
Complaints Authority established under Article 2 of the Police (Complaints and Discipline) (Jersey)
Law 1999;
“police officer from some other force” means a police
officer from a police force in the British Islands other than Jersey;
“States’ employee” has the same meaning as in
Article 2 of the Employment of States of Jersey Employees (Jersey)
Law 2005;
“tribunal” has the meaning in Regulation 2(2).
2 Investigating
panel and tribunal
(1) In these Regulations,
“investigating panel” means a panel appointed by the Minister
comprising –
(a) the
Chief Executive Officer;
(b) the
Chairman of the Police Complaints Authority or a member of that Authority
nominated by the Chairman; and
(c) one
other person appointed by the Minister, such person not being a member of the
Force or a States’ employee.
(2) In these Regulations
“tribunal” means a tribunal appointed by the Chairman of the Police
Authority or by a member of the Police Authority nominated by the Chairman
comprising –
(a) a
Jurat acting as chair of the tribunal;
(b) a
police officer or retired police officer from some other force; and
(c) a
person who is not a member of the Force or a States’ employee and who is
selected from a list maintained by the Police Authority for the purposes of
these Regulations.
(3) An investigating panel
or tribunal must be appointed on each occasion it is required to exercise the
functions as are conferred on it by these Regulations.
(4) The investigating panel
or tribunal, as the case may be, may be assisted by a human resources
professional for the purpose of exercising its functions.
(5) A person, including a
legal representative, may be appointed by the Chairman of the Police Authority
or by a person nominated by the Chairman of the Police Authority to advise the
tribunal with regard to the exercise of the tribunal’s functions.
(6) The person appointing a
police officer from some other force for the purposes of paragraph (2) may
require any member of the Force to give him or her such assistance as is
reasonably necessary or expedient for securing such an appointment and any
member of the Force required to give such assistance shall do so.
(7) Except as provided for
in these Regulations, the panel or tribunal, as the case may be, shall
determine its own procedures and may require such documents and information as
it thinks necessary for the purpose of exercising its functions.
3 Meaning
of “complaint”
(1) In these Regulations,
“complaint” means a complaint in writing made to the Minister by a
person specified in paragraph (2) about the conduct of an Officer and can
include any of the following –
(a) a
complaint about the way in which the Officer has carried out his or her
functions under Article 17 of the Law including his or her functions in
relation to the matters referred to in Article 18(2)(a), (b) and (c) of
the Law;
(b) an
allegation that the Officer has failed to carry out a function referred to in
sub-paragraph (a);
(c) an
allegation that the Officer has committed a disciplinary offence; and
(d) an
allegation that the Officer has committed a criminal offence.
(2) Those persons are any
of the following –
(a) a
member of the public;
(b) a
person acting on behalf of, and with the written consent of, a member of the
public,
including a member of the Force acting otherwise than in the course
of his or her duty.
4 Meaning
of “complainant”
In these Regulations, “complainant” means any person who
makes a complaint.
5 Discipline
Code and offences against discipline
(1) Each Officer is subject
to the Discipline Code.
(2) An Officer commits an
offence against discipline if the Officer’s conduct does not meet the
standard set out in the Code and “disciplinary offence” shall be
construed accordingly.
(3) References in these
Regulations to a “disciplinary charge” are to a charge that an
Officer has committed a disciplinary offence.
part 2
Appointment, suspension and removal of chief
officer or deputy chief officer
6 Appointment
of the Chief Officer and Deputy Chief Officer
(1) The Minister shall
appoint the Chief Officer and Deputy Chief Officer for such length of term of
office in each case as the Minister shall determine.
(2) An appointment under
paragraph (1) shall not be made unless the Minister is satisfied that the
person appointed to the post of Chief Officer or Deputy Chief Officer, as the
case may be, is suitably qualified for the post.
(3) Before the Minister
appoints a person to the office of Chief Officer, the Minister
must –
(a) consult
the Police Authority; and
(b) present
to the States notice of his or her intention to make the appointment at least
2 weeks before the appointment is made.[1]
(3A) Before the Minister appoints a
person to the office of Deputy Chief Officer, the Minister must –
(a) consult
the Police Authority;
(b) if
practicable, consult the Chief Officer; and
(c) present
to the States notice of the Minister’s intention to make the appointment
at least 2 weeks before the appointment is made.[2]
(4) An appointment under
paragraph (1) shall be on such terms as to salary and conditions of
service as the States Employment Board may from time to time determine.
7 Powers
of suspension or removal
(1) The Minister may
suspend an Officer in accordance with Regulation 8.
(2) The Minister may
require the resignation or retirement of an Officer in accordance with
Regulation 9 except where any of the following apply –
(a) an
investigation or hearing is pending or proceeding under Part 3;
(b) the
action to be taken under Part 3 following an investigation or hearing
under that Part has not yet been determined; or
(c) the
Officer is required to resign or retire following a finding under Part 3
that the Officer is guilty of a disciplinary offence.
(3) Before an
Officer –
(a) is
suspended; or
(b) required
to resign or retire (whether or not under Part 3),
the Minister shall give prior notice to the Police Authority.
(4) Where an Officer –
(a) has
been suspended; or
(b) required
to resign or retire (whether or not under Part 3),
the Minister shall report to the States the suspension or
requirement to resign or retire, as the case may be.
8 Grounds
and procedures for suspension
(1) The Minister may
suspend an Officer on either or both of the following grounds –
(a) the
suspension is deemed necessary by the Minister in order to maintain public
confidence; or
(b) the
effectiveness of any investigation under Part 3 may be prejudiced if the Officer
is not suspended.
(2) Before an Officer is
suspended under paragraph (1), the Minister shall give the Officer a
written notice informing the Officer –
(a) of
the grounds on which he or she may be suspended;
(b) of
the Officer’s right to make representations, either in writing or in
person, before a decision to suspend is made;
(c) that
the Officer’s representations may be made to another person (including a
legal representative) or by the Officer and that the Officer may be accompanied
by that other person to any hearing; and
(d) of
the time within which representations must be made (which shall be such period
as is reasonable in all the circumstances of the case).
(3) Before the Minister
makes a decision to suspend an Officer, an investigating panel shall
investigate the matter and make a written report to the Minister recommending
whether or not suspension should take place.
(4) Paragraph (3) need
not be complied with where the Minister deems it necessary to suspend an
Officer urgently without obtaining the report and recommendation referred to in
that paragraph.
(5) The Minister shall
review an Officer’s suspension at intervals of no less than a month and
shall revoke the suspension if the grounds for the suspension described in
paragraph (1) no longer exist.
(6) Notwithstanding
paragraph (5), the Minister may revoke an Officer’s suspension at
any time.
(7) An Officer who is
suspended under this Regulation may not –
(a) give
notice of resignation from his or her appointment; or
(b) resign
under notice given prior to the suspension,
unless he or she has the Minister’s consent.
(8) Where an Officer is
suspended under this Regulation, the Officer shall not be entitled to any pay
in respect of any period when –
(a) the
Officer is detained in custody pursuant to a sentence of a court or is detained
in custody between conviction and sentence; or
(b) the
Officer has absented himself or herself from duty and the Officer’s
whereabouts are unknown to the Minister.
9 Procedures
for removal
(1) Before an Officer is
required to resign or retire, the Minister must give the Officer a written
notice explaining the reasons for the Minister’s proposal to require the
Officer’s retirement or resignation.
(2) The Minister must give
the Officer the opportunity to make written representations in response to the
notice, such representations to be made on a date that is not less than
28 days after the date of the notice.
(3) The Officer must
indicate to the Minister no later than 14 days after the date of the
notice whether the Officer wishes to make any such representations.
(4) The Minister must
consider any representations made by or on behalf of the Officer by another
person (including a legal representative).
(5) If, after complying
with paragraphs (1) to (4), the Minister still proposes to require the
Officer’s retirement or resignation, the Minister must appoint an
investigating panel for the purpose of it making a recommendation as to whether
or not the Officer should be required to retire or resign.
(6) The recommendation must
be given to the Minister in writing before the end of the period of
6 weeks after the date of the appointment of the investigating panel.
(7) Before making the
recommendation the investigating panel must hold a meeting which the Minister
and Officer may both attend for the purpose of the Minister or Officer, or both
as the case may be, making representations relating to the proposal to require
the Officer to retire or resign.
(8) For the purposes of
paragraph (7), the Officer’s representations may be made by the
Officer or by another person (including a legal representative).
(9) If the investigating
panel makes a recommendation to the effect that an Officer should be required
to resign or retire, the Minister may make a decision to that effect and shall
notify the Officer of that decision in writing.
(10) An Officer must resign or
retire if required to do so by the Minister in accordance with paragraph (9).
(11) A resignation or retirement
under paragraph (10) shall take effect on such date specified by the
Minister in the Minister’s decision.
(12) An Officer may appeal to the
Royal Court against a decision requiring the Officer to resign or retire on the
grounds that in all the circumstances of the case the decision was not
reasonable.
(13) The appeal must be made
within 28 days of the date of the decision requiring the Officer to resign
or retire.
(14) Subject to any order of the
Royal Court, an appeal under paragraph (13) shall not have the effect of
suspending the decision.
part 3
procedures for complaints and conduct matters
10 Preliminary
procedure for dealing with a complaint
(1) Upon receipt of a
complaint the Minister shall, as soon as reasonably practicable and at any rate
no later than 10 working days after its receipt, appoint an investigating
panel to investigate the complaint.
(2) In paragraph (1),
“working day” means a day other than –
(a) a
Saturday, a Sunday, Christmas Day, or Good Friday; or
(b) a day
that is a bank holiday or a public holiday under the Public Holidays and Bank Holidays (Jersey)
Law 1951.
11 Preliminary
procedure for dealing with a conduct matter
The Minister shall refer a conduct matter to an investigating panel
as soon as possible after that matter has come to his or her attention unless
the Minister is satisfied that the conduct matter has been, or is already being
dealt with, by criminal or disciplinary proceedings against the Officer
concerned.
12 Initial
investigation by investigating panel
(1) The investigating panel
shall, to the extent that it considers appropriate, investigate the complaint
or conduct matter referred to it by the Minister under Regulation 10 or 11
and report to the Minister –
(a) whether
it considers that the conduct under investigation would, if proved, justify a
criminal or disciplinary charge; and
(b) the
action, if any, it recommends that the Minister should take to deal with the
complaint or conduct matter.
(2) In making its report
under paragraph (1) in relation to a complaint, the investigating panel
may take into account whether any of the following apply –
(a) the
subject matter of the complaint has been, or is already being, dealt with by
means of criminal or disciplinary proceedings against the Officer concerned;
(b) the
complaint has been withdrawn;
(c) the
subject matter of the complaint is already the subject matter of a complaint
made by or on behalf of the same complainant and contains no fresh allegation;
(d) the
complaint is vexatious, oppressive or otherwise an abuse of the procedures in
these Regulations for dealing with complaints; or
(e) the
complaint is without foundation, that is, no reasonable person could lend any
credence to it.
(3) If, in the case of a
complaint, the complainant fails, without reasonable excuse, to respond
satisfactorily to any request by the investigating panel for information or
other assistance within 21 days of receiving that request, the
investigating panel may treat the complaint has having been withdrawn.
(4) If the investigating panel
finds that the conduct under investigation would, if proved, justify a criminal
or disciplinary charge, the Minister must notify the Police Complaints
Authority unless any of the matters referred to in paragraph (2) apply.
(5) If a matter is not
referred to the Police Complaints Authority under paragraph (4), the
Minister may deal with the matter as he or she thinks fit, having taken into
account any recommendation in the investigating panel’s report.
(6) For the purpose of
dealing with a matter under paragraph (5) the Minister may appoint a
police officer or retired police officer from some other force to act on the
Minister’s behalf, such police officer being a person who is, or was, of
at least the rank of the Officer concerned.
(7) The Minister may require
any member of the Force to give him or her such assistance as is reasonably
necessary or expedient for the purpose of securing an appointment under
paragraph (6) and any member of the Force required to give such assistance
shall do so.
13 Further
investigation supervised by Police Complaints Authority
(1) Upon receiving a
notification under Regulation 12(4), the Police Complaints Authority
shall, after consultation with the Minister, appoint a person to investigate
the complaint or conduct matter (“investigating officer”).
(2) The purpose of the
investigation is to –
(a) gather
evidence to establish the facts and circumstances of the complaint or conduct
matter;
(b) assist
the Minister in determining whether there is a case to answer in respect of disciplinary
proceedings; and
(c) recommend
what action the Minister should take in respect of the complaint or conduct
matter.
(3) The investigating
officer shall be a police officer or retired police officer from some other
force who is, or was, of at least the rank of the Officer against whom the
complaint is made or whose conduct is otherwise the subject of investigation.
(4) The Police Complaints
Authority may require any member of the Force to give it such assistance as is
reasonably necessary or expedient for the purpose of securing an appointment
under paragraph (1) and any member of the Force required to give such
assistance shall do so.
(5) The investigating
officer shall as soon as practicable (without prejudicing the investigating
officer’s or any other investigation of the matter) ensure that the
Officer concerned is given written notice –
(a) that
there is to be an investigation into the case;
(b) of
the nature of the complaint or conduct matter;
(c) that
the Officer is not obliged to say anything concerning the matter, but that the
Officer may, if the Officer wishes, make a written or oral statement to the
investigating officer;
(d) that
if the Officer makes such a statement it may be used in any subsequent
proceedings under these Regulations;
(e) that
the Officer has the right to seek advice from the association of police
officers established or deemed to be established under Article 12 of the
Law;
(f) that
the Officer has the right to be accompanied by any person, other than an
interested party, to any meeting, interview or hearing and that such person may
make representations on the Officer’s behalf.
(6) If, during the course
of the investigation in relation to a complaint, it becomes clear to the
investigating officer that the complaint is frivolous or vexatious, he or she
may report that finding to the Minister and recommend that the investigation is
not pursued further.
(7) Where the investigating
officer makes a report and recommendation to the Minister under paragraph (6),
the Minister may, with the concurrence of the Police Complaints Authority and,
in the case of a matter which may involve the commission of a criminal offence,
with the concurrence of the Attorney General, direct that the investigation
shall not be pursued further.
14 Investigating
officer’s report
(1) The investigating
officer shall give a written report to the Minister and send a copy to the
Police Complaints Authority.
(2) Where the report
concerns a complaint or conduct matter that may involve the commission of a
criminal offence, the Minister shall send a copy of the report to the Attorney
General.
15 Action
by Police Complaints Authority and Attorney General following investigating
officer’s report
(1) After considering a
report submitted to it under Regulation 14, the Police Complaints
Authority shall prepare a statement –
(a) as to
whether the investigation has or has not been conducted to its satisfaction;
and
(b) specifying
any respect in which it has not been so conducted.
(2) The Police Complaints
Authority may prepare separate statements in respect of the criminal and
disciplinary aspects of an investigation.
(3) The Police Complaints
Authority shall send the statement to –
(a) the
Minister; and
(b) the
Attorney General where the statement concerns a matter that may involve the
commission of a criminal offence.
(4) Where it is practicable
to do so, the Police Complaints Authority shall send a copy of the statement
to –
(a) the
Officer concerned; and
(b) if
the investigation related to a complaint, the complainant.
(5) Where the Attorney
General receives a report under Regulation 14(2) and a statement under
paragraph (3), the Attorney General shall inform the Minister and the
Police Complaints Authority whether or not criminal proceedings will be
initiated.
16 Action
by the Minister following investigating officer’s
report
(1) After either the
Attorney General has informed the Minister that criminal proceedings will not
be initiated or such proceedings are concluded, the Minister shall send the
Police Complaints Authority a memorandum, signed by him or her and stating
whether he or she intends to prefer disciplinary charges in respect of the
matter which was the subject of the investigation and, if not, his or her
reasons for not doing so.
(2) In a case where no
disciplinary charge is preferred against the Officer concerned, no reference to
the case shall be made on the Officer’s personal record.
17 Powers of Police Complaints Authority as to disciplinary charges
(1) Where the Minister does
not propose to prefer disciplinary charges, the Police Complaints Authority may
recommend the Minister to prefer such disciplinary charges as it may specify.
(2) Subject to paragraph (6),
the Minister shall not withdraw charges under Regulation 18 which he or
she has preferred in accordance with a recommendation under paragraph (1).
(3) If, after the Police
Complaints Authority has made a recommendation under paragraph (1) and
consulted the Minister, he or she is still unwilling to prefer such charges as
the Police Complaints Authority considers appropriate, it may direct him or her
to prefer such charges as it may specify.
(4) Where the Police
Complaints Authority gives the Minister a direction under paragraph (3),
it shall furnish the Minister with a written statement of its reasons for doing
so.
(5) Subject to paragraph (6),
it shall be the duty of the Minister to prefer and proceed with charges
specified in a direction given under paragraph (3).
(6) The Police Complaints
Authority may give the Minister leave not to prefer or proceed with charges
which otherwise the Minister would be obliged to prefer or proceed with under
this Regulation.
(7) The Police Complaints
Authority may request the Minister to furnish it with such information as it
may reasonably require for the purpose of discharging its functions under this
Regulation and the Minister shall comply with any such request.
18 Withdrawal
of disciplinary charge
(1) At any time before the
beginning of a disciplinary hearing, the Minister may direct that any
disciplinary charge preferred be withdrawn, unless the Minister has a duty to
proceed with it under Regulation 17(2) or (5).
(2) The Minister shall give
the Officer concerned written notice of the withdrawal of a disciplinary
charge.
(3) In a case where all
disciplinary charges are withdrawn, no reference to the case shall be made on
the personal record of the Officer concerned.
19 Notice
of decision to prefer disciplinary charge and appointment of tribunal
(1) Where the Minister
decides or is required to prefer a disciplinary charge against an Officer
concerned the Minister shall notify the Chairman of the Police Authority who
shall appoint a tribunal to hear the disciplinary charge or nominate a member
of the Police Authority make such an appointment.
(2) The Chairman of the
Police Authority shall ensure that, as soon as is reasonably practicable, the
Officer concerned is given written notice specifying the conduct which it is
alleged constituted an offence against discipline and the paragraph of the Discipline
Code in respect of which that offence is alleged to have been committed.
(3) Not less than
21 days before the date of the disciplinary hearing, the Chairman of the
Police Authority shall ensure that the Officer concerned is supplied with
copies of the documents specified in paragraph (4).
(4) Those documents
are –
(a) any
written statement that the Officer concerned may have made to the investigating
officer;
(b) an
account of any verbal statement the Officer concerned may have made to the
investigating officer; and
(c) any other
relevant statement, document or other material obtained during the course of
the investigation, other than the report of the investigating officer prepared
pursuant to Regulation 14.
20 Notice
of disciplinary hearing
(1) Subject to
Regulation 22, the Chairman of the Police Authority shall give the Officer
concerned not less than 21 days’ written notice of the time, date
and place of the disciplinary hearing.
(2) The Chairman of the
Police Authority shall, at the same time as giving written notice under
paragraph (1), give the Officer concerned written notice of –
(a) the
opportunity to elect to be legally represented at the hearing; and
(b) the
effect of Regulations 25 and 33(7).
21 Procedure
on receipt of notice
(1) The Officer concerned
shall be invited to state in writing, within 14 days of the date on which
the last of the documents to be supplied to the Officer pursuant to
Regulation 19(3) has been so supplied –
(a) whether
the Officer accepts that he or she has committed an offence against discipline;
(b) whether
the Officer wishes to be legally represented at the disciplinary hearing; and
(c) whether
the Officer proposes to call any witnesses at the hearing and the names and
addresses of any such witnesses whose attendance the Officer concerned wishes
the Chairman of the Police Authority to secure.
(2) Where, pursuant to
paragraph (1)(c), the Officer concerned states that the Officer wishes the
Chairman of the Police Authority to secure the attendance of witnesses the
Chairman of the Police Authority shall –
(a) order
any witness who is a member of the Force to attend the disciplinary hearing;
and
(b) cause
any other witness to be given due notice that their attendance is desired and
of the time and place of the hearing.
(3) Nothing in this Regulation
shall require a disciplinary hearing to be adjourned where a witness is unable
or unwilling to attend the hearing.
22 Advancement
of disciplinary hearing date
Notwithstanding Regulation 20(1), a disciplinary hearing may
take place less than 21 days after notice is given if the Chairman of the
Police Authority considers it appropriate in the circumstances,
where –
(a) at the time the Officer
concerned receives notice pursuant to Regulation 19(2), the Officer is
detained pursuant to a sentence of a court in a prison; and
(b) having been supplied
with the documents required by Regulation 19(3), the Officer concerned
does not elect to be legally represented at the hearing.
23 Documents
to be given to the Officer concerned
(1) Where the Officer
concerned accepts, in accordance with Regulation 21(1), that he or she has
committed an offence against discipline, the Chairman of the Police Authority
shall cause a summary of the facts of the case to be prepared and a copy of it
given to the Officer concerned at least 14 days before the disciplinary
hearing.
(2) If the Officer
concerned does not agree the summary of facts, the Officer may give a response
within 7 days of receipt of the copy of the summary.
(3) Where the Officer
concerned does not accept that he or she has committed an offence against
discipline, no summary of facts shall be prepared.
24 Documents
to be supplied to tribunal
The Chairman of the Police Authority shall supply the tribunal
with –
(a) a copy of the notice
given under Regulation 19(2); and
(b) where a summary of
facts has been prepared under Regulation 23, a copy of that summary and of
any response from the Officer concerned.
25 Representation
at disciplinary hearing
(1) Where the Officer
concerned has chosen not to be legally represented, the case against the
Officer shall be presented by the Minister or by a police officer from some
other force provided by the chief officer of that force for the purpose or by a
retired police officer from some other force.
(2) Where the Officer
concerned has given notice in accordance with Regulation 21 that he or she
wishes to be legally represented, the case against the Officer may be presented
in accordance with paragraph (1) or by a legal representative.
(3) The Officer concerned
may conduct his or her case in person.
(4) Where the Officer
concerned has chosen to be legally represented the Officer may be represented
at the disciplinary hearing by his or her legal representative.
(5) Where the Officer
concerned has chosen not to be legally represented the Officer may be
represented at the disciplinary hearing by a police officer or retired police
officer from some other force or, with the agreement of the Chairman of the
Police Authority, another person who is not an interested party.
(6) The Minister or Officer
concerned may require any member of the Force to give him or her such
assistance as is reasonably necessary or expedient for the purpose of enabling
a police officer or retired police officer from some other force to present the
case under paragraph (1) or make representations under paragraph (5),
as the case may be, and any member of the Force required to give such
assistance shall do so.
26 Adjournments
The tribunal may from time to time adjourn a disciplinary hearing if
it appears to be necessary or expedient to do so for the due hearing of the
case.
27 Attendance
of Officer concerned at disciplinary hearing
(1) The Minister shall
order the Officer concerned to attend the disciplinary hearing.
(2) If the Officer
concerned fails to attend the disciplinary hearing, it may be proceeded with
and concluded in the Officer’s absence.
(3) Where the Officer
concerned informs the tribunal in advance that the Officer is unable to attend
due to ill-health or some other unavoidable reason, the disciplinary hearing
may be adjourned.
(4) Where, owing to the
absence of the Officer concerned, it is impossible to comply with any of the
procedures set out in these Regulations, that procedure shall be dispensed
with.
28 Attendance
of complainant at disciplinary hearing
(1) This Regulation applies
where the disciplinary charge being heard arises from a complaint.
(2) Subject to paragraph (3),
the complainant shall be allowed to attend the disciplinary hearing and may, at
the discretion of the tribunal, be accompanied by a personal friend or
relative.
(3) Where the complainant
or any person allowed to accompany the complainant is called as a witness at
the disciplinary hearing, the complainant and any accompanying person shall not
be allowed to attend before he or she gives his or her evidence.
(4) Where the Officer
concerned gives evidence then, after the person presenting the case has had an
opportunity of cross-examining the Officer, the tribunal shall put to the
Officer concerned any questions which the complainant requests should be so put
and might have been properly so put by the person presenting the case, or at
the tribunal’s discretion, may allow the complainant to put such
questions to the Officer concerned.
(5) Except as provided in
paragraph (4), the complainant and any person allowed to accompany the
complainant shall neither intervene in, nor interrupt, the disciplinary hearing
and, if the complainant or such person behaves in a disorderly or abusive
manner or otherwise misconducts himself or herself, the tribunal may exclude
the complainant or such person from the remainder of the hearing.
29 Attendance
of others at disciplinary hearing
(1) Except as provided in
Regulation 28 and this Regulation, a disciplinary hearing shall be in
private.
(2) The following persons
shall be entitled to attend the hearing of a disciplinary charge –
(a) a
person appointed under Regulation 2(5) for the purpose of exercising his
or her functions of advising the tribunal; and
(b) a
member of the Police Complaints Authority.
(3) The Officer concerned
may be accompanied at the hearing by any person other than an interested party.
(4) The tribunal may allow
witnesses to be accompanied at the hearing by a personal friend or relative.
(5) In addition to any
other person mentioned in this Regulation, the tribunal may allow such persons
as the tribunal considers desirable to attend the whole or such part of the
disciplinary hearing as the tribunal may think fit, subject to the consent of
the Officer concerned and the person presenting the case against the Officer.
30 Exclusion
of public from disciplinary hearing
Where it appears to the tribunal that a witness may, in giving
evidence, disclose information which, in the public interest, ought not to be
disclosed to a member of the public, the tribunal shall require any member of
the public, including the complainant and any person allowed to accompany the
complainant or any witness, to withdraw whilst the evidence is given.
31 Evidence
at disciplinary hearing
(1) The tribunal shall
determine any question as to whether any evidence is admissible and as to
whether any question should or should not be put to a witness.
(2) With the consent of the
Officer concerned, the tribunal may allow any document to be adduced in
evidence during the disciplinary hearing notwithstanding that a copy of it has
not been supplied to the Officer concerned in accordance with
Regulation 19(3).
32 Record
of disciplinary hearing
The tribunal at a disciplinary hearing shall –
(a) ensure that a verbatim
record of the proceedings at the hearing is taken; and
(b) if the Officer
concerned so requests within the time limit for any appeal specified in
Regulation 36(2) give the member a transcript of the record or a copy of
it.
33 Finding
of disciplinary hearing and subsequent action if disciplinary offence proven
(1) The tribunal shall
review the facts of the case and decide whether or not the Officer concerned is
guilty of the disciplinary offence with which he or she is charged, but shall
not find the Officer guilty unless –
(a) the
Officer has admitted the offence; or
(b) the
case is proved by the person presenting it on the balance of probabilities.
(2) The tribunal shall
report to the Minister and, at the same time, notify the Officer whether it
finds the Officer concerned has committed a disciplinary offence and, if so,
which, if any, of the following punishments it recommends should be imposed on
the Officer –
(a) dismissal
from the Force;
(b) requirement
to resign from the Force as an alternative to dismissal, taking effect either
forthwith or on such date as may be specified in the recommendation;
(c) reduction
in rate of pay;
(d) fine;
(e) reprimand.
(3) The Minister shall
consider what punishment to impose, if any, following consideration of the
tribunal’s report and may decide to impose on the Officer concerned any
punishment specified in paragraph (2) provided that punishment is not more
severe than the punishment recommended by the tribunal.
(4) Within 3 days of
receiving the tribunal’s report under paragraph (2), the Minister
shall notify the Officer concerned in writing of his or her decision under
paragraph (3) and shall include, with that notice –
(a) a
summary of the reasons for the decision; and
(b) a
copy of the tribunal’s report and recommendation.
(5) Any punishment imposed
by the Minister described in paragraph (2)(a), (c), (d) or (e) shall have
immediate effect from the date of the Minister’s notice under paragraph (4).
(6) If the Minister imposes
a punishment requiring the Officer to resign with effect from a date that is
later than the date of the Minister’s notice, the Officer shall be
suspended until the date that the resignation takes effect.
(7) An Officer may not be
dismissed or required to resign upon a finding that the Officer has committed a
disciplinary offence unless the Officer has been given an opportunity to elect
to be legally represented at the disciplinary hearing.
(8) The Officer concerned
may be dismissed or required to resign under this Regulation without the
Officer having been legally represented if the Officer –
(a) fails
without reasonable cause to give notice in accordance with these Regulations
that the Officer wishes to be legally represented;
(b) gives
notice in accordance with these Regulations that the Officer does not wish to
be legally represented; or
(c) gives
notice in accordance with these Regulations that the Officer wishes to be
legally represented but, at any time, withdraws such notice.
(9) Any decision of a
tribunal taken under this Regulation shall not indicate whether it was taken
unanimously or by a majority.
34 Personal
record to be considered before punishment imposed
Where the tribunal is considering the question of what, if any,
punishment it recommends should be imposed on the Officer, the
tribunal –
(a) shall have regard to
the record of service in the Force of the Officer concerned, as shown on the
Officer’s personal record;
(b) may receive evidence
from any person whose evidence, in the opinion of the tribunal or, in the
opinion of the Officer concerned, would assist in determining the question; and
(c) shall give the Officer
concerned or his or her representative an opportunity to make oral or, if
appropriate, written representations concerning the question or to adduce
evidence relevant to it.
35 Records
of disciplinary proceedings
(1) The Minister shall
maintain a record of disciplinary proceedings brought against each Officer.
(2) The Minister shall
enter every case brought against an Officer in the record, together with the
finding on the case and a record of the decision in any further proceedings in
connection with the case.
36 Appeals
(1) An Officer who is found
guilty of a disciplinary charge may appeal against either or both of the
following –
(a) the
decision on the disciplinary charge; and
(b) the
punishment imposed,
on the ground that that the decision or punishment, as the case may
be, is unreasonable in all the circumstances of the case.
(2) An appeal may be made
to the Royal Court within the period of 21 days beginning with the date of
the Minister’s notice of decision under Regulation 33(4).
(3) The Royal Court may,
where it is satisfied on the application of the Officer that by reason of the
special circumstances of the case it is just and right so to do, extend the
period within which an appeal may be made.
(4) The Royal Court
may –
(a) allow
the appeal;
(b) dismiss
the appeal; or
(c) subject
to paragraph (5), substitute some other punishment.
(5) The Royal Court may not
substitute another punishment unless it appears that –
(a) the
Minister could have imposed it; and
(b) it is
less severe than the punishment imposed by the Minister.
(6) Subject to paragraph (7),
all the costs and expenses of an appeal under this Regulation, including the
costs of the parties, shall be defrayed out of the annual income of the States.
(7) The Royal Court may
direct the Officer concerned to pay the whole or any part of the
Officer’s own costs.
37 Personal
record of the Officer
If the Officer concerned so requests –
(a) a punishment of a fine
or reprimand shall be expunged from the Officer’s personal record after
3 years have elapsed free from any punishment imposed after disciplinary
proceedings; or
(b) a punishment of
reduction in the rate of pay shall be expunged from the Officer’s person
record after 5 years have elapsed free from any punishment imposed after
disciplinary proceedings.
part 4
closing
38 Citation
These Regulations may be cited as the States of Jersey Police Force
(Chief Officer and Deputy Chief Officer) (Jersey) Regulations 2017.