States of Jersey
Police Force (Chief Officer and Deputy Chief Officer) (Jersey)
Regulations 2017
part 1
preliminary
1 Interpretation[1]
In these Regulations –
“Chief Executive Officer” has the same meaning as in the
Employment of States of
Jersey Employees (Jersey) Law 2005;
“chief officer” has the meaning given in
Article 3(6) of 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”
has the meaning given in Regulation 4A;
“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;
“harm test” has
the meaning given in Regulation 11B;
“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 officer’s
report” means the report given under Regulation 14;
“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 and Conduct Law” means the Police (Complaints and Conduct) (Jersey)
Law 2022;
“police officer from some other force”
means a police officer from a police force in the British Islands other than Jersey;
“Professional Standards”
has the meaning given in Article 1 of the Police Complaints and Conduct Law;
“publish” in
relation to a document or report, means publish in a manner that is likely to
bring it to the attention of the public, including in a form that keeps
anonymous the identity of a person named in it;
“sanction” means a
disciplinary sanction described in Regulation 33;
“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 or a chief officer nominated by the Chief Executive
Officer;
(b) the
person designated as the chair of the Complaints Commission (under
Schedule 1, paragraph 2(5), to the Police Complaints and Conduct Law)
or a member of the Complaints Commission nominated by that chair to act as
chair of the panel; and
(c) one
other person appointed by the Minister, such person not being a member of the
Force or a States’ employee.[2]
(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.
2A Limitation
of civil liability[3]
(1) This
Regulation applies to –
(a) a
person who is, or has been, a member of an investigating panel or tribunal;
(b) a
human resources professional who is assisting or has assisted an investigating
panel or tribunal under Regulation 2(4); and
(c) a
person who is advising, or has advised, a tribunal under Regulation 2(5).
(2) A
person to whom this Regulation applies is not liable in damages for an act done
in the discharge, or purported discharge, of the functions of an investigating
panel or tribunal under these Regulations.
(3) Paragraph (2)
does not apply –
(a) if it
is shown that the act was done in bad faith; or
(b) to
prevent an award of damages made in respect of an act on the ground that the
act was unlawful because of Article 7(1) of the Human
Rights (Jersey) Law 2000.
3 Meaning
of “complaint”
(1) In these Regulations,
“complaint” means a statement 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 expressing dissatisfaction 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.[4]
(2) The persons
are –
(a) a
member of the public who claims to be the person in relation to whom the conduct
took place;
(b) a
member of the public not falling within sub-paragraph (a) who claims to
have been adversely affected by the conduct;
(c) a
member of the public who claims to have witnessed the conduct; or
(d) a
person acting on behalf of a member of the public described in sub-paragraphs (a)
to (c).[5]
(3) A person described in
paragraph (2) includes a member of the Force acting otherwise than in the
course of their duty.[6]
(4) For the purposes of
paragraph (2)(b), a member of the public is adversely affected if they –
(a) suffer
any form of loss or damage, distress or inconvenience;
(b) are
put in danger; or
(c) are otherwise put at
risk of being adversely affected.[7]
4 Meaning
of “complainant”
In these Regulations, “complainant” means any person who
makes a complaint.
4A Meaning
of “conduct matter”[8]
In these
Regulations –
“conduct matter” means a matter that is
not and has not been the subject of a complaint (other than one which has been withdrawn)
but in 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 that would justify the bringing of disciplinary proceedings;
“conduct”, in relation to a conduct
matter, includes acts, statements and decisions (whether actual, alleged or
inferred).
5 Professional
Standards and disciplinary offences[9]
(1) An Officer commits a
disciplinary offence if they contravene any of the Professional Standards.
(2) References in these
Regulations to a “disciplinary charge” are to a charge that an
Officer appears to have committed a disciplinary offence.
5A Police
friend[10]
(1) The Officer concerned may
choose 1 of the following people who is not otherwise involved in their case to
act as their police friend –
(a) a
member of the Force;
(b) a
civilian member of the Force’s staff;
(c) a
person nominated by a staff or professional association of which the Officer
concerned is a member; or
(d) a
chief officer.
(2) The functions of a
police friend include –
(a) advising
the Officer concerned throughout an investigation or disciplinary proceedings
under these Regulations;
(b) unless
the Officer concerned is entitled to be legally represented and chooses to be legally
represented, representing that Officer in disciplinary proceedings or in an appeal
under Regulation 36;
(c) making
representations –
(i) under
Regulation 9(8), to the investigating panel; or
(ii) to
the Minister concerning any aspect of an investigation or disciplinary proceedings
under these Regulations; and
(d) accompanying
the Officer concerned to an interview, a meeting or a hearing that forms part
of an investigation or disciplinary proceedings under these Regulations.
(3) The Chief Officer or
Deputy Chief Officer must permit a member of the Force, or civilian member of
the Force’s staff, who is acting as a police friend for the Officer
concerned to use a reasonable amount of duty or office time for the purpose of
performing the functions set out in paragraph (2).
(4) The Chief Executive
Officer must permit a chief officer who is acting as a police friend to use a
reasonable amount of duty or office time for the purpose of performing the
functions set out in paragraph (2).
5B Disclosure
of information by Minister[11]
(1) If it appears to be in
the public interest to do so, information obtained by the Minister in
connection with their functions under these Regulations may be disclosed to a
public authority in Jersey or elsewhere.
(2) Information disclosed
under this Regulation to a public authority must not be further disclosed
except –
(a) for a
purpose connected with a function of that public authority; and
(b) with
the consent of the Minister.
(3) Consent under
paragraph (2) may be given only –
(a) in
relation to a particular disclosure; or
(b) in
relation to disclosures made in circumstances specified or described in the
consent.
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.[12]
(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.[13]
(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.
11A Keeping Officer
concerned and complainant informed[14]
(1) This
Regulation applies in the case of an investigation of a complaint or conduct matter.
(2) Unless
the harm test requires otherwise, the Minister must provide the Officer concerned
and, in the case of a complaint, the complainant, with all the information necessary
to keep them informed –
(a) of the progress of the handling of the complaint or conduct matter; and
(b) of the outcome of the handling of the
complaint or conduct matter.
11B Exceptions to
Regulation 11A – harm test[15]
(1) Regulation 11A
does not apply if –
(a) in
the opinion of the Minister it is necessary to withhold information –
(i) to prevent the
premature or inappropriate disclosure of information that is relevant to, or
may be used in, any actual or prospective criminal proceedings;
(ii) in
the interests of national security;
(iii) for
the purposes of the prevention or detection of crime, or the apprehension or
prosecution of offenders;
(iv) because
it is justified on proportionality grounds (within the meaning of
Article 9(4A) of the Law); or
(v) is otherwise necessary
in the public interest; and
(b) the
Minister is satisfied that there is a real risk that the disclosure of that
information would cause a significant adverse effect.
(2) The
Minister must consider whether the withholding of information is necessary
if –
(a) the
information is relevant to, or may be used in, any actual
or prospective disciplinary proceedings;
(b) the
provision of information may lead to the contamination of the evidence of
witnesses during disciplinary proceedings;
(c) the
provision of information may prejudice the welfare or safety of a third party;
or
(d) the
information consists of criminal intelligence.
(3) A
reference in these Regulations to the harm test means that the withholding of
information must satisfy the requirements of this Regulation.
11C Provision
of information to investigating panel[16]
(1) The
investigating panel may give a notification to a public authority specifying
the information and documents that it considers necessary for the purposes of
carrying out its functions under these Regulations.
(2) Upon
receipt of the notification, the public authority must provide the specified
information and documents only if it is lawfully able to do so and if it is proportionate
and reasonable to do so.
(3) The
public authority must provide the information and documents in the form and
manner specified, and within the period specified, by the investigating panel
in its notification.
(4) The
period specified in the notification must be a
reasonably practicable period in which to enable the public
authority to provide the specified information and documents.
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 Complaints
Commission unless any of the matters referred to in paragraph (2) apply.[17]
(5) If a matter is not
referred to the Complaints Commission 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.[18]
(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 Complaints Commission[19]
(1) Upon receiving a
notification under Regulation 12(4), the Complaints Commission shall,
after consultation with the Minister, appoint a person to investigate the
complaint or conduct matter (“investigating officer”).[20]
(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 Complaints Commission
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.[21]
(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 Complaints Commission 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.[22]
14 Investigating
officer’s report
(1) The investigating
officer shall give a written report to the Minister and send a copy to the Complaints
Commission.[23]
(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.
(3) Paragraph (4)
applies if the investigating officer gives a report recommending that the
Minister take action other than preferring a
disciplinary charge or initiating criminal proceedings.[24]
(4) Provided the Complaints
Commission has prepared a statement under Regulation 15(1) confirming that
the investigation has been conducted to its satisfaction, the Minister may, if
it appears to be in the public interest to do so, publish part or all of the investigating officer’s report.[25]
15 Action
by Complaints Commission and Attorney General following investigating
officer’s report[26]
(1) After considering a
report submitted to it under Regulation 14, the Complaints Commission
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.[27]
(2) The Complaints
Commission may prepare separate statements in respect of the criminal and
disciplinary aspects of an investigation.[28]
(3) The Complaints
Commission 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.[29]
(4) Where it is practicable
to do so, the Complaints Commission shall send a copy of the statement
to –
(a) the
Officer concerned; and
(b) if
the investigation related to a complaint, the complainant.[30]
(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 Complaints
Commission whether or not criminal proceedings will be
initiated.[31]
16 Minister’s memorandum to the Complaints Commission[32]
(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 Complaints
Commission 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.[33]
(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 Complaints Commission as to disciplinary charges[34]
(1) Where the Minister does
not propose to prefer disciplinary charges, the Complaints Commission may
recommend the Minister to prefer such disciplinary charges as it may specify.[35]
(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 Complaints
Commission has made a recommendation under paragraph (1) and consulted the
Minister, he or she is still unwilling to prefer such charges as the Complaints
Commission considers appropriate, it may direct him or her to prefer such
charges as it may specify.[36]
(4) Where the Complaints
Commission gives the Minister a direction under paragraph (3), it shall
furnish the Minister with a written statement of its reasons for doing so.[37]
(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 Complaints
Commission 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.[38]
(7) The Complaints
Commission 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.[39]
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.
(1A) The Minister must, unless the harm
test requires otherwise, provide the Chairman of the Police Authority with
copies of the documents specified in paragraph (4).[40]
(2) As soon as practicable
after being notified under paragraph (1), the Chairman of the Police
Authority must give the Officer concerned, and in the case of a complaint, the
complainant, a written notice specifying –
(a) the
conduct that it is alleged constitutes a disciplinary offence; and
(b) the
paragraph of the Professional Standards in respect of which that offence is
alleged to have been committed.[41]
(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;
(c) the
investigating officer’s report or the parts of
that report that relate to the Officer concerned (together with any document
attached to or referred to in that report that relates to the Officer concerned);
and
(d) any
statement, document or other material obtained during the investigation that,
in the opinion of the Minister, is relevant to the disciplinary charges the Officer
concerned has to answer.[42]
(5) Unless the harm test
requires otherwise, the Minister discharges the duty in Regulation 11A by
sending the complainant a copy of the investigating officer’s report, or
the parts of that report that relate to the complaint about the conduct of the
Officer concerned (together with any document attached to, or referred to, in
that report that relate to the complaint).[43]
(6) A
copy of the report, or part of it, if provided under paragraph (4)(c) or
(5), may be in a form that keeps anonymous the identity of the complainant (if
any) or of another person.[44]
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 a disciplinary offence;
(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.[45]
(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 a disciplinary offence 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.[46]
(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 Complaints Commission.[47]
(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 sanctions 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.[48]
(3) The Minister must
consider what sanction to impose, if any, following consideration of the
tribunal’s report and may impose on the Officer concerned a sanction
specified in paragraph (2) that is not more severe than the sanction
recommended by the tribunal.[49]
(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) A sanction 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).[50]
(6) If the Minister imposes
a sanction 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.[51]
(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 sanction
imposed[52]
Where the tribunal is considering the question of what, if any, sanction
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 and publication of
investigating officer’s report[53]
(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.
(3) If the requirements of
the harm test have not been satisfied and the investigating officer’s
report has been disclosed under Regulation 19, the Minister may, if it
appears to be in the public interest to do so, publish part or all of the investigating officer’s report.[54]
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 sanction
imposed,
on the ground that that the decision or sanction,
as the case may be, is unreasonable in all the circumstances of the
case.[55]
(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 sanction.[56]
(5) The Royal Court may not
substitute another sanction unless it appears that –
(a) the
Minister could have imposed it; and
(b) it is
less severe than the sanction imposed by the Minister.[57]
(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[58]
If the Officer concerned so requests –
(a) a sanction
of a fine or reprimand shall be expunged from the Officer’s personal
record after 3 years have elapsed free from any sanction imposed after
disciplinary proceedings; or
(b) a sanction
of reduction in the rate of pay shall be expunged from the Officer’s
person record after 5 years have elapsed free from any sanction 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.