SCHEDULE
(Article 1)
Extradition (Jersey)
Law 2004
Code of practice for treatment of persons detained under the Extradition
(Jersey) Law 2004
(made pursuant to Article 94 of the Extradition
(Jersey) Law 2004)
Contents
1. General
2. Arrest
3. Custody
records
4. Custody
officers: responsibilities –
(a) Initial action: detained persons
(b) Initial
action: detained persons - special groups
(c) Documentation
(d) Time
limits for detention and discharge of persons
5. Detainee’s
property –
(a) Action
(b) Documentation
6. Persons
wanted for Jersey offences
7. Right
not to be held incommunicado
8. Right
to legal advice
9. Citizens
of independent Commonwealth countries or foreign nationals
10. Condition
of detention
11. Care
and treatment of detained persons
Annex A Arrest
under the Extradition
(Jersey) Law 2004
Annex B Checklist
of duties for custody officers in extradition cases
Annex C Summary
of the Jersey extradition process
Annex D Extradition:
written notice to detained person (including fair processing note)
1. General
1.1 This
Code concerns the procedures for the arrest, detention and treatment of persons
wanted for extradition. These supplement the guidance in PPCE Code C.
1.2 The
annexes are not provisions of this Code.
1.3 A
custody officer must perform the functions in this Code as soon as practicable.
A custody officer will not be in breach of this Code if delay is justifiable
and reasonable steps are taken to prevent unnecessary delay. The custody record
shall show when a delay has occurred and the reason.
1.4 This
Code must be readily available at Rouge Bouillon Police Station for
consultation by –
¨ police
officers;
¨ detained
persons;
¨ members of
the public.
1.5 In
the operation of procedures under this Code, officers should have regard to the
provisions of PPCE Code C 1.4 - 1.7, 3.7 - 3.14, 10.6 and Annex E in respect of
persons believed –
¨ to be mentally
disordered or otherwise mentally vulnerable;
¨ to be under
the age of 17;
¨ to be blind,
seriously visually impaired, deaf, unable to read or speak, or have difficulty
orally because of a speech impediment.
1.6 If
this Code requires a person to be given certain information, they do not have
to be given it if at the time they are incapable of understanding what is said,
are violent or may become violent or are in urgent need of medical attention. But
they must be given it as soon as practicable thereafter.
1.7 References
to a custody officer include those performing the functions of custody officer.
1.8 Nothing
under this Code permits an officer to interview a person arrested under the
Law.
2. Arrest
2.1 An
officer arresting a person wanted for extradition under one of the following
powers in the Law (see Annex A) –
¨ Article 8:
arrest under Part 2, following certification of an extradition request;
¨ Article 10:
provisional arrest under Part 2;
shall –
(a) Caution
the person in the following terms –
“You
do not have to say anything, but anything you do say may be given in
evidence.”
(b) Give
the person a copy of the warrant as soon as practicable after arrest.
2.2 Minor
deviations from the words of any caution given in accordance with this Code do
not constitute a breach of this Code, provided the sense of the relevant caution
is preserved.
2.3 The
arresting officer need not be in possession of the arrest warrant at the time
of arrest.
2.4 A
person arrested under Article 8 of the Law, must be served with copies of
the following documentation –
¨ the papers
containing the extradition request (subject to Public Interest Immunity);
¨ the
certificate issued by the Attorney General.
2.5 If
it is not practicable (e.g. due to the large volume of papers contained in the
request) to serve the request on the person on arrest, officers may give copies
of the documentation to the person’s legal representative before or after
arrest, as appropriate.
2.6 The
officer must take all reasonable steps to ensure that the person understands
that they are being arrested and why they are being arrested. The need for an
interpreter will be fully assessed by the custody officer on arrival at the
police station and if necessary, the process of arrest can be repeated to
ensure the person understands that they have been arrested and why.
3. Custody records
3.1 A
separate custody record must be opened as soon as practicable for each person
brought to a police station arrested under the Law.
3.2 PPCE
Code C paragraph 2.3 applies.
3.3 In
addition to the specific provisions set out in PPCE Code C, the custody officer
shall record the following information on the custody record –
(a) the
person’s name and aliases, date of birth, gender and nationality;
(b) the
person’s address;
(c) a
note of the person’s self-defined ethnic background;
(d) the
Article of the Law the person was arrested under;
(e) the
extradition offence(s) specified on the Part 2 extradition request;
(f) where
possible, the date and location where the offence took place;
(g) the
name of the country (e.g. Category 1 or 2) where the extradition request issues
from;
(h) the
date, time and place that the person was arrested;
(i) whether
the person has been given the rights and notices set out in Sections 4.3 and
4.4 of this Code;
(j) if
the person required an interpreter and/or legal representative.
3.4 All
information recorded under this Code must be recorded as soon as practicable in
the custody record unless otherwise specified.
4. Custody
Officers - responsibilities
(a) Initial action:
detained persons
4.1 The
person must be treated as continuing in legal custody from the point of arrest,
until the person is either –
¨ first
brought before the Magistrate; or
¨ discharged
(see paragraphs 4.9 (a) - (c) of this Code).
4.2 A
checklist of the custody officer’s duties under this Code is contained in
Annex B.
4.3 When
a person is brought to a police station under arrest, the custody officer
must –
¨ assess the
person’s understanding of English and the need for an interpreter;
¨ give the
person a copy of the arrest warrant (domestic arrest warrant), if the person
has not already been given a copy of the warrant by the arresting officer (see
paragraph 2.1 (b) of this Code);
¨ caution the
person using the caution in the terms in paragraph 2.1(a) of this Code;
¨ inform the
person that he or she will not be interviewed about the extradition offence;
¨ and make
sure the person is told clearly about –
(a) the
stages of the extradition process including the right to consent to extradition
(a form of words is set out in Annex C);
(b) the
following continuing rights which may be exercised at any stage during the
period in custody –
(i) the right to have
someone informed of his or her arrest (under Article 92(2)(c) of the Law);
(ii) the
right to consult privately with a legal representative and that facilities to
do so are available (under Article 92(2)(d) of the Law);
(iii) the
right to consult these Codes of Practice and the PPCE Codes of Practice.
4.4 The
custody officer must give the detainee –
(a) a
written extradition notice (Annex D) setting out –
(i) the
rights in paragraph 4.3(b);
(ii) the
arrangements for obtaining legal advice;
(iii) the
caution in the terms prescribed in paragraph 2.1(a) above;
(iv) a fair
processing notice, setting out the person’s rights in respect of the use,
retention and disclosure of personal data taken under the Law.
(b) a
copy of the form setting out the stages of the extradition process, including
the right to consent to extradition (Annex C);
(c) a
written notice briefly setting out their entitlements while in custody (see
PPCE Code C, Notes for Guidance 3A and 3B).
4.5 A
citizen of an independent Commonwealth country or a national of a foreign
country must be informed as soon as practicable about the right to communicate
with their High Commission, Embassy or Consulate, as set out in PPCE Code C
Section 7. The list of countries to
which this applies (as at 1st April 2003) is set out in Annex F of PACE
Code C.
(b) Initial action:
detained persons - special groups
4.6 PPCE
Code C paragraphs 3.7 - 3.14 apply in the operation of this Code.
(c) Documentation
4.7 The
grounds for a person’s detention shall be recorded in the person’s
presence, if practicable.
4.8 Action
taken under paragraph 4.6 of this Code shall be recorded.
(d) Time limits for
detention and discharge of person
4.9 Custody
officers should note the specific obligations required under the Law in respect
of persons arrested under an extradition arrest power.
(a) A
copy of the arrest warrant (domestic arrest warrant issued under Part 2)
must be given to the person as soon as practicable after arrest (Articles 9(2)
and 11(2));
Note: if this provision is
not adhered to, the Magistrate may order the
person’s discharge;
(b) A
person arrested under Article 8 of the Law must be served copies of the
extradition request and the certificate before the extradition hearing (see
paragraph 2.4 of this Code);
Note: if this provision is
not adhered to, the Magistrate shall order the
person’s discharge;
(c) A
person arrested under Article 8 or 10 must be brought before the
Magistrate as soon as practicable (Articles 9(3) and 11(3));
Note: if this provision is
not adhered to and the person applies to the Magistrate to be discharged, the
judge shall order the person’s discharge.
5. Detainee’s
property
(a) Action
5.1 The
custody officer is responsible for –
(a) ascertaining
what property a detainee –
(i) has
with them when they come to the police station on arrest;
(ii) might
have acquired for an unlawful or harmful purpose while in custody.
(b) the
safekeeping of any property taken from a detainee which remains at the police
station.
5.2 The
custody officer may search the detainee or authorise their being searched to
the extent they consider necessary. Intimate searches and strip searches are
allowed under Article 92(2)(b) of the Law, provided they are carried out
in accordance with PPCE Code C, Annex A.
5.3 The
custody officer may seize and retain any clothing or personal effects if there
are reasonable grounds for believing that –
(a) the
person might use it to cause physical injury to themselves or another person;
(b) the
person might use it to assist escape from lawful custody;
(c) it
is evidence relating to the extradition offence or an offence committed in
Jersey or abroad; or
(d) it
is material relating to the identity of the person.
5.4 For
the purposes of this Section, ‘an offence’ includes –
¨ the
extradition offence;
¨ an offence
committed in Jersey;
¨ an offence
committed abroad.
5.5 An
intimate or strip search under Article 92 of the Law may not be authorised
for the purposes of ascertaining the person’s identity.
5.6 PPCE
Code C, paragraphs 4.2 and 4.3 also apply in the operation of this Code.
(b) Documentation
5.7 PPCE
Code C paragraphs 4.4 and 4.5 apply.
6. Persons
wanted for Jersey offences
6.1 If,
following arrest of a person under the Law, it becomes apparent that there is evidence
or information connecting the person to a Jersey offence, it should be
investigated in accordance with normal domestic procedures.
6.2 If
the person is charged with the Jersey offence, the police must inform the
Magistrate of the Jersey charges as soon as practicable. Under Article 25(1)
of the Law, the Magistrate must adjourn the extradition proceedings.
7. Right not
to be held incommunicado
7.1 PPCE
Code C, Section 5 and Annex B apply.
8. Right to
legal advice
8.1 PPCE
Code C, paragraphs 6.1 - 6.5, 6.13 and Annex B apply.
9. Citizens of
independent Commonwealth countries or foreign nationals
9.1 PPCE
Code C, Section 7 and paragraph 4.5 of this Code apply.
10. Conditions of detention
10.1 PPCE
Code C, Section 8 applies.
11. Care and treatment of
detained persons
11.1 PPCE
Code C, Section 9 applies.
ANNEX
A
ARREST
UNDER THE EXTRADITION (JERSEY) LAW 2004
1.1 An
officer may make an arrest under one of the following powers in the Law –
(a) Article 8:
arrest under Part 2, following certification of an extradition request
This applies when the
Attorney General has certified an extradition request from a designated
territory and the Magistrate has issued an arrest warrant in relation to the
person whose extradition is sought.
(b) Article 10:
provisional arrest warrant under Part 2
This applies in urgent
cases where a person is requested for extradition by a designated territory,
but full documentation has not yet been received. In this circumstance, an
officer may apply to the Magistrate for a provisional arrest warrant in respect
of the person whose extradition is sought.
For a warrant to be
issued, the officer must satisfy the Magistrate in writing and on oath that –
(i) Either –
¨ The
person is accused in a designated territory of an offence; or
¨ The
person is alleged to be unlawfully at large following conviction or sentence by
a court in a designated territory.
(ii) The
offence is an extradition offence;
(iii) The
person is believed to be in Jersey or on their way to Jersey;
(iv) There is
written information or evidence that would justify the issue of a warrant for
the arrest of a person accused of the offence or unlawfully at large, within
Jersey.
1.2 The
arresting officer need not be in possession of the warrant at the time of
arrest.
ANNEX
B
CHECKLIST
OF DUTIES FOR CUSTODY OFFICERS IN EXTRADITION CASES
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1.
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Assess the need for an interpreter
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¨
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2.
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Ensure the person understands that they have been
arrested and why they have been arrested
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¨
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3.
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Caution person in the following terms: “You do
not have to say anything, but anything you do say may be given in
evidence” and inform the person that he/she will not be interviewed or
questioned about the extradition offence
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¨
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4.
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Give person a copy of the arrest warrant. Check the
papers in this Code paragraph 2.4 have been served on the person
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¨
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5.
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Inform the person of extradition process, including
the right to consent to extradition. (See form of words, Annex C)
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¨
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6.
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Inform person of their rights while in custody –
(a) Right
to have someone informed of the arrest and detention
(b) Right
to facilities to consult privately with a legal representative
(c) Right
to consult the Extradition Codes of Practice and the PPCE Codes of Practice
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¨
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7.
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Serve the person with
the following forms –
(a) The written
extradition notice (Annex D) setting out –
¨ The
person’s rights while in custody
¨ The
arrangements for being afforded facilities to consult a legal representative
in private
¨ The
extradition caution
¨ The
fair processing notice regarding the use retention and disclosure of personal
data taken
(b) A written
notice setting out the person’s usual entitlements while in custody
(c) A written
copy of the form explaining the stages of the extradition process
and mark the custody
record as appropriate
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¨
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8.
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Inform person of the right to communicate with their
High Commission, Embassy or Consulate (the list of countries to which this
applies, as at 1st April 2003, is set out in Annex F, PPCE Code of
Practice C) and mark the custody record as appropriate
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¨
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9.
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Ask the detainee
(a) Whether they –
¨ Would
like to be afforded facilities to consult a legal representative in private
¨ Want
someone informed of their detention
(b) To sign the
custody record to confirm their decisions in respect of these
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¨
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10.
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Conduct a risk
assessment and determine whether the detainee –
(a) Is, or might be
in need of medical treatment or attention and/or
(b) Requires the
presence of an appropriate adult (in accordance with paragraph 1.5 of this
Code) or other special assistance
and mark the custody
record as appropriate
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¨
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11.
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Search the person to ascertain what property the
detained person has with them and document this. Record the reasons for
retaining any items of property, and mark the custody record as appropriate
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¨
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12.
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Ensure the following
information is contained on the custody record and forward this information to
the Law Officers’ Department –
(a) The
person’s name and aliases, date of birth, gender and nationality
(b) The
person’s address
(c) A note of the
person’s self-defined ethnic background
(d) The provision
of the Law under which the person was arrested
(e) The offence(s)
specified on the extradition request (or, where known, the offence
communicated by the requesting authority, if the person was arrested
provisionally under Article 10)
(f) Where
possible, the date and location where the offence took place
(g) The name of the
territory (Category 1 or 2) requesting extradition
(h) The date, time
and place that the person was arrested
(i) That the
person has been given the required rights and notices
(j) If the
person required an interpreter and/or facilities to consult a legal
representative in private
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¨
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ANNEX
C
SUMMARY
OF THE JERSEY EXTRADITION PROCESS
Persons arrested under Article 8 of the Extradition
(Jersey) Law 2004
Note:
this form is not an exhaustive account of the extradition process, and is not a
statement of the law, but is designed to help you to understand why you have
been arrested and the main stages of the extradition process.
If you require a more detailed
explanation of the process or have further questions, you should seek advice
from your legal adviser.
(1) You
have been arrested under Article 8 of the Extradition (Jersey)
Law 2004.
(2) Either
(where person is accused of offences in the Requesting State) –
Your extradition is
sought by [designated territory] in relation to [offence(s)] which took place
on [date/time] at [location].
Or (where person has been
convicted by the Requesting State and is alleged to be unlawfully at
large) –
Your extradition is
sought by [designated territory] for the purpose of [being sentenced] or
[serving a sentence of imprisonment] in relation to [offence(s) specified on
the warrant].
(3) You
will be held in police custody until you are brought before the Magistrate. You
will be brought before the Magistrate as soon as practicable.
(4) There
are three main stages to the extradition proceedings.
(5) At
the first stage, you will be brought before the Magistrate as soon as
practicable after your arrest. The Magistrate will either remand you in custody
or grant you bail.
(6) The
second stage is the main extradition hearing. This will take place within two
months of you being brought before the Magistrate for the first time.
(7) At
the extradition hearing, the Magistrate will decide whether there are any
reasons why you should not be extradited. The Magistrate will then either
discharge you or send your case to the Attorney General for a decision as to
whether you should be extradited.
(8) If
your case is sent to the Attorney General for a decision, you will have the
right of appeal, but the appeal will not be heard until after the Attorney
General has made his decision. If your case is sent to the Attorney General,
you will either be remanded in custody or granted bail.
(9) If
the Attorney General orders your extradition to the designated territory, you
have the right to appeal to the Royal Court against the decisions of the
Magistrate and the Attorney General within 14 days.
(10) If you
do not appeal, you will be returned to [designated territory] within 28 days of
the order to extradite.
(11) You have
the right to consent to your extradition. If you wish to consent you should
consult your legal representative on the implications. You may only consent
before the Magistrate.
Provisional Arrest under Article 10 of the Extradition
(Jersey) Law 2004
Note:
this form is not an exhaustive account of the extradition process, and is not a
statement of the law, but is designed to help you to understand why you have
been arrested and the main stages of the extradition process.
If you require a more detailed
explanation of the process or have further questions, you should seek advice
from your legal representative.
(1) You
have been provisionally arrested under Article 10 of the Extradition (Jersey)
Law 2004.
Either (where person is
accused of offences in the Requesting State) –
Your extradition is
sought by [designated territory] in relation to [offence(s)] which took place
on [date/time] at [location].
Or (where person has been
convicted by the Requesting State and is alleged to be unlawfully at large) –
Your extradition is
sought by [designated territory] for the purpose of [being sentenced] or
[serving a sentence of imprisonment] in relation to [offence(s) specified on
the warrant]
(2) You
will be held in police custody until you are brought before the Magistrate. You
will be brought before the Magistrate as soon as practicable.
(3) There
are three main stages to the extradition proceedings
(4) At
the first stage, you will be brought before the Magistrate as soon as
practicable after your arrest. The Magistrate will either remand you in custody
or grant you bail.
(5) Provided
the Magistrate has received all the necessary documentation relating to your
case, within any applicable time limits, the judge will fix a date for the main
extradition hearing. The main extradition hearing is the second stage of the
proceedings.
(6) The
main extradition hearing will take place within 2 months of the Magistrate
receiving the necessary documentation.
(7) At
the extradition hearing the Magistrate will decide whether there are any
reasons why you should not be extradited. The Magistrate will then either
discharge you or send your case to the Attorney General for a decision as to
whether you will be extradited.
(8) If
your case is sent to the Attorney General for a decision, you will have the
right of appeal, but the appeal will not be heard until after the Attorney
General has made his decision. If your case is sent to the Attorney General,
you will either be remanded in custody or granted bail.
(9) If
the Attorney General orders your extradition to [the designated territory], you
have the right to appeal to the Royal Court against the decisions of the
Magistrate and the Attorney General within 14 days.
(10) If you
do not appeal, you will be returned to [the designated territory] within 28
days of the order to extradite.
(11) You have
the right to consent to your extradition. If you wish to consent you should
consult your legal representative on the implications. You may only give
consent before the Magistrate.
ANNEX
D
EXTRADITION:
WRITTEN NOTICE TO DETAINED PERSON (INCLUDING FAIR PROCESSING NOTICE)
The section in capital letters is
to be read to the detained person by the Custody Officer before giving the
notice to the detained person.
YOU HAVE THE RIGHT TO –
1. TO
BE AFFORDED FACILITIES TO CONSULT A LEGAL REPRESENTATIVE IN PRIVATE
2. HAVE
SOMEONE TOLD THAT YOU HAVE BEEN ARRESTED
3. CONSULT
THE CODES OF PRACTICE COVERING POLICE POWERS AND PROCEDURES
4. CONSULT
THE CODES OF PRACTICE COVERING POLICE POWERS AND PROCEDURES FOR EXTRADITION
YOU MAY DO ANY OF THESE THINGS
NOW, BUT IF YOU DO NOT, YOU MAY STILL DO SO AT ANY TIME WHILST DETAINED AT THE
POLICE STATION
You do not have to say anything,
but anything you do say may be given in evidence.
You will not be interviewed about
the extradition offence.
More information is given below. The
following 4 continuing rights may be exercised at any stage during the period
in custody –
1. The
right to be afforded facilities to consult privately with a legal
representative. (Article 92(2)(d) of the Extradition (Jersey) Law 2004
You
will be afforded facilities to consult privately with a legal representative
at the police station at any time, day or night. It will cost you nothing.
Access
to such facilities can only be delayed in certain exceptional circumstances
(see Annex B of PPCE Code of Practice C)
If
you do not know a legal representative to contact, ask for a list of duty
legal representatives. He or she is nothing to do with the police.
In extradition cases,
the police will not interview you about the extradition offence
If
you require facilities to consult a legal representative in private, tell the
custody officer at once. You can ask to be afforded such facilities at any
time during your detention. Even if you do tell the police that you do not
want to be afforded facilities to consult a legal representative in private,
you may change your mind at any time.
Your
right to be afforded facilities to consult a legal representative in private
does not entitle you to delay procedures under the Road Traffic (Jersey)
Law 1956 which require the provision of breath, blood or urine
specimens.
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2. The
right to have someone informed of your arrest and detention (under Article 92
(2)(c) of the Extradition (Jersey) Law 2004)
You
may on request have one person known to you or who is likely to take an
interest in your welfare, informed at public expense as soon as practicable
of your whereabouts. If this person cannot be contacted, you may choose up to
2 alternatives. If they too cannot be contacted, the Custody Officer has
discretion on the number of further attempts required made to make contact.
This
right can only be delayed in exceptional circumstances (Annex B PPCE Code of
Practice C)
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3. and 4. The right to consult the PPCE
Codes of Practice and the Extradition Codes of Practice
Either
or both of the Codes of Practice will be made available to you on request. These
Codes govern police procedures.
The
right does not entitle you to unreasonably delay any necessary action.
The
right does not entitle you to delay procedures which require the provision of
breath, blood or urine specimens.
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Custody
Record
The Custody Officer will keep a
record of your detention. On request, when you leave police detention or are
taken before a court, you or your legal representative or the appropriate adult
shall be supplied with a copy of the Custody Record as soon as practicable. This
entitlement lasts for 12 months after your release from police detention.
Fair
Processing Notice
Fair
processing in respect of the use, retention and disclosure of personal data
taken under the Data Protection (Jersey) Law 1987.
On written request, you shall be
told as soon as is practicable –
· of
the identity of the data user or have this made easily available to you (this
may be an individual e.g. Chief Officer, States of Jersey Police, or a registered
body);
· the
purpose(s) for which the data will be processed and to whom it may be passed.
Under extradition
proceedings, the purpose will include establishing identity, maintaining the
Custody Record, statistics and monitoring - refer to paragraph 3.3 of this Code
and paragraph 1.2 of the Extradition Code of Practice for Identification. The
information may be passed between law enforcement agencies, both here and
abroad, and within the States of Jersey administration.
Your rights under use, disclosure
and retention of photographs, fingerprints and samples are explained in
paragraphs 3.13 to 3.18 and 4.17 to 4.19 of the Extradition Code of Practice
for Identification.
Individuals
who make a subject access request are entitled to a copy of the information
held about them. However, this right does not entitle you to this information
where exemptions apply under Article 20 of the Data Protection (Jersey)
Law 2005 or other exemptions apply under Part 4 of that Law, e.g. where
access would be likely to prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders.
The rights do not entitle you to
unreasonably delay any necessary action in connection with your case.
The police are not obliged to
contact the Data Protection Registrar on your behalf.
Further information can be
obtained from the Data Protection Registrar on Enquiry
Line Telephone: 01534 502062 or by Email: e.martins@gov.je