POLICE
(HONORARY POLICE COMPLAINTS AND DISCIPLINE PROCEDURE) (JERSEY) REGULATIONS 2000
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ARRANGEMENT OF REGULATIONS
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Preliminary
1. Interpretation
2. Discipline
Code and offences against discipline
3. Informal
resolution of complaints
4. Suspension
5. Conduct of investigations where there
are outstanding criminal proceedings
Formal
investigation of complaints and other matters
6. Appointment of officer to investigate
complaint, report or allegation
7. Notice
of investigation of complaint, report or allegation
8. Report
on investigation
9. Procedure
on receipt of investigating officer’s report
10. Withdrawal
of disciplinary charge
Disciplinary
hearings
11. Limitation
on punishments
12. Notice
of decision to prefer disciplinary charge
13. Notice
of disciplinary hearing
14. Procedure
on receipt of notice
15. Advancement
of disciplinary hearing date
16. Hearing of disciplinary charges
17. Documents to be given to member concerned
18. Representation at disciplinary hearing
19. Procedure
at disciplinary hearing
20. Attendance
of member concerned at disciplinary hearing
21. Attendance
of complainant at disciplinary hearing
22. Attendance
of others at disciplinary hearing
23. Exclusion
of public from disciplinary hearing
24. Evidence
at disciplinary hearing
25. Record
of disciplinary hearing
26. Punishments
27. Service
to be considered before punishment imposed
28. Notification
of finding
29. Records
of disciplinary proceedings
Appeals
30. Initiation
of appeal
31. Procedure
on notice of appeal
32. Procedure
at appeal hearing
33. Appeal
hearing to be in private
34.
Evidence at appeal hearing
35. Attendance
of complainant at appeal hearing
36. Determination
of appeal without hearing
37. Statement
of panel’s decision
38. Effect
of decision on appeal
Supplemental
39. Delegation
40. Administration
for panel
41. Service
by post
42. Repeals
43. Citation
and commencement
SCHEDULE -
Discipline Code
Police
(Complaints and Discipline) (Jersey) Law 1999
Police
Force (Jersey) Law 1974
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POLICE (HONORARY POLICE COMPLAINTS
AND DISCIPLINE PROCEDURE) (JERSEY)
REGULATIONS 2000
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(Promulgated
on the 8th day of November 2000)
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STATES
OF JERSEY
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The 7th day of November 2000
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THE STATES, in pursuance of Article 28 of the
Police (Complaints and Discipline) (Jersey) Law 1999 and Article 4(4) of the Police
Force (Jersey) Law 1974, as amended, have made the following
Regulations -
Interpretation
1.-(1) In these Regulations,
unless the context requires otherwise -
“chairman of the
panel” means the Jurat appointed as such pursuant to Regulation 30(5);
“Code” means the
Discipline Code referred to in Regulation 2;
“complainant” means
the person by or on whose behalf a complaint is submitted;
“complaint” has the
same meaning as in Article 17 of the Law;
“interested party”
means a witness or any person involved in the conduct which is the subject of
the case or who otherwise has a direct interest in the case;
“investigating
officer” means, in relation to an investigation, the member of the Force or
police officer from some other force appointed pursuant to Regulation 6;
“Law” means the Police
(Complaints and Discipline) (Jersey) Law 1999 as amended from time to time;
“member concerned”
means a member of the Honorary Police whose conduct has been the subject of a
complaint, report or allegation;
“member of the
Honorary Police” means a Centenier, Vingtenier or Constable’s Officer;
“original hearing”
means, in relation to an appeal, the hearing of the disciplinary charge at the
conclusion of which the appellant was found guilty of an offence against
discipline;
“panel”, in relation
to an appeal, means the panel set up by the Bailiff pursuant to Article 27(2)
of the Law;
“prison” has the same
meaning as in the Prison (Jersey) Law 1957;
“supervised
investigation” means an investigation supervised by the Authority pursuant to
Article 23 of the Law;
“unsupervised
investigation” means an investigation which is not supervised by the Authority
pursuant to Article 23 of the Law.
(2) Any reference in these Regulations to a
report or allegation or to a report and allegation does not include a
complaint.
(3) A reference in these Regulations to a
Regulation by number only is a reference to the Regulation of that number in
these Regulations.
(4) A reference in a Regulation or other
division of these Regulations to a paragraph, sub-paragraph or clause by number
or letter only is a reference to the paragraph, sub-paragraph or clause of that
number or letter contained in the Regulation or other division of these
Regulations in which that reference occurs.
Discipline Code and offences against discipline
2.-(1) The Discipline Code
in the Schedule to these Regulations shall have effect.
(2) A member of the Honorary Police commits an
offence against discipline if his conduct does not meet the standard set out in
the Code.
Informal
resolution of complaints
3.-(1) A Connétable directed by the Attorney General,
pursuant to Article 21(2) of the Law, to seek to resolve a complaint
informally shall, as soon as practicable -
(a) seek the views of the complainant and the member concerned about
the matter; and
(b) subject to paragraphs (3) and (4), take such other steps as may
appear to him to be appropriate.
(2) Without prejudice to paragraph (1), the
member concerned shall be given the opportunity to respond to the complaint, at
his option, orally or in writing.
(3) Where, having obtained the views of the
complainant and the member concerned, it appears to the Connétable that the
complaint had in fact been satisfactorily dealt with at the time it was brought
to his notice, he may treat it as having been informally resolved.
(4) The Connétable shall not, for the purpose of informally
resolving a complaint, tender an apology on behalf of the member concerned
unless he has admitted the conduct in question.
(5) Upon resolving a complaint informally, the
Connétable shall give the Attorney General a copy of the outcome recorded
pursuant to Article 20(2) of the Law.
Suspension
4.-(1) Where -
(a) a member of the Honorary Police has been charged with a criminal
offence; or
(b) there has been a complaint, report or allegation which indicates
that a member of the Honorary Police may have committed an offence against
discipline, whether or not it has been investigated,
the Attorney General may, after
consultation with the Connétable
of the Parish in which the member serves, suspend him from office.
(2) The Attorney General may exercise the power to suspend a member of
the Honorary Police under this Regulation at any time from the time the member
is charged with a criminal offence or the time that the Attorney General is
informed of the complaint or the report or allegation is referred to him until
-
(a) he decides not to prefer a disciplinary charge in respect of the
conduct which was the subject of the criminal charge, complaint, report or
allegation or directs that all
disciplinary charges be withdrawn;
(b) the member concerned has been charged with an offence against
discipline and all such charges against him have been dismissed;
(c) the time limit for appeal against the decision finding the
member concerned guilty of an offence against discipline has expired; or
(d) a decision has been made on an appeal against that finding or
the punishment imposed in respect of it.
(3) Where the member concerned is suspended
under this Regulation, he shall be
suspended until whichever occurs first of one of the events described in
paragraph (2)(a) to (d) or a decision of the Attorney General to end the
suspension.
(4) Where the member concerned who is suspended
is required to resign under Regulation 26, he shall remain suspended during the
period of his notice.
Conduct
of investigations where there are outstanding criminal proceedings
5. Where
there are criminal proceedings outstanding against the member concerned which
relate to conduct which is the subject of a complaint, report or allegation, no
proceedings shall take place under these Regulations in respect of the
complaint, report or allegation except the exercise of the power to suspend
under Regulation 4, unless the Attorney General believes that, in the exceptional
circumstances of the case, it would be appropriate for them to take place.
Formal
investigation of complaints and other matters
Appointment
of officer to investigate complaint, report or allegation
6.-(1) The Attorney General
-
(a) shall, where it appears to him that a complaint is not suitable
for informal resolution or he is informed that informal resolution of a
complaint is impossible, in accordance with Article 21(5) of the Law; or
(b) may, where it appears to him that a report or allegation
indicates that a member of the Honorary Police may have committed an offence
against discipline,
direct the Connétable of the Parish
in which the member concerned serves to request the Chief Officer to appoint a
member of the Force or police officer from some other force, of at least the
rank of inspector, to carry out an investigation.
(2) The Chief Officer shall comply with a
request made pursuant to paragraph (1) and may ask the chief officer of some
other force to provide a police officer of his force for appointment.
(3) This Regulation is subject to the powers of
the Authority, in the case of a supervised investigation, to approve the
appointment of an investigating officer pursuant to Article 23 of the Law.
Notice
of investigation of complaint, report or allegation
7. The
investigating officer shall, as soon as is practicable (without prejudicing his
or any other investigation of the matter) cause the member concerned to be
given written notice -
(a) that there is to be an investigation into
the case;
(b) of the nature of the complaint, report or
allegation;
(c) informing him that he is not obliged to say anything concerning
the matter, but that he may, if he so desires, make a written or oral statement
concerning the matter to the investigating officer or to the Attorney General;
(d) informing him that if he makes such a statement it may be used
in any subsequent proceedings under these Regulations;
(e) informing him that he has the right to seek advice from the
Association of Centeniers or the Association of Vingteniers and Constable’s
Officers, as may be appropriate; and
(f) informing him that he has the right to be accompanied by any
person, other than an interested party, to any meeting, interview or hearing.
Report on
investigation
8. At
the end of an investigation, the investigating officer shall -
(a) in the case of a supervised investigation, in accordance with
Article 24(3) of the Law, give a written report to the
Authority and send a copy to the Attorney General and to the Connétable of the
Parish in which the member concerned serves; or
(b) in the case of an unsupervised investigation, give a written
report to the Attorney General and send a copy to the Connétable of the Parish
in which the member concerned serves.
Procedure
on receipt of investigating officer’s report
9.-(1) The Attorney General
shall consider whether a disciplinary charge shall be preferred against the
member concerned -
(a) in the case of a supervised investigation, after either he has
informed the Authority, in accordance with Article 25(2) of the Law, that criminal proceedings will not
be initiated, or such proceedings are concluded; or
(b) in the case of an unsupervised investigation, after he has
received the investigating officer’s report made under Regulation 8 and
determined either that criminal proceedings will not be initiated or such
proceedings are concluded.
(2) Paragraph (1) is without prejudice to the
powers of the Attorney General under Regulation 5.
Withdrawal of disciplinary charge
10. At
any time before the beginning of a disciplinary hearing, the Attorney
General may direct that any disciplinary
charge preferred be withdrawn and shall give the member concerned written
notice of any such direction.
Disciplinary
hearings
Limitation
on punishments
11.-(1) No punishment of a
kind described in Regulation 26 shall be imposed on a member of the Honorary
Police otherwise than upon a finding at a disciplinary hearing that he is
guilty of an offence against discipline.
(2) A member of the Honorary Police may not be
dismissed or required to resign upon a finding described in paragraph (1)
unless he has been given an opportunity to elect to be legally represented by
an advocate or solicitor at the disciplinary hearing.
Notice
of decision to prefer disciplinary charge
12.-(1) Where the Attorney
General decides to prefer a disciplinary charge he shall ensure that -
(a) as soon as practicable, the member concerned is given written
notice of the decision complying with paragraph (2); and
(b) not less than 21 days before the date of the disciplinary
hearing, the member concerned is given copies of documents required by
paragraph (3).
(2) Written notice of a decision shall specify
the conduct which it is alleged constituted an offence against discipline and
the paragraph of the Code in respect of which that offence is alleged to have
been committed.
(3) The documents of which copies are to be
given to the member concerned are -
(a) any written statement he may have made to the investigating
officer;
(b) an account of any oral statement he may have made to the
investigating officer or the Attorney General; 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 8.
Notice
of disciplinary hearing
13.-(1) The Attorney General shall give the member concerned
not less than 21 days’ written notice of the time, date and place of the
disciplinary hearing.
(2) The Attorney General shall, in every case
where he is of the opinion that a disciplinary hearing should have available
the punishments of dismissal or requirement to resign, give the member
concerned, at the same time as he gives notice pursuant to paragraph (1),
written notice of -
(a) the opportunity to elect to be legally represented at the
hearing; and
(b) the effect of Regulation 11(2) and
Regulation 18.
Procedure
on receipt of notice
14.-(1) The member concerned shall be invited to state
in writing, within 14 days of the date on which he is notified that the last of
the documents to be given to him pursuant to Regulation 12(1)(b) has been so
given -
(a) whether or not he accepts that he has committed an offence
against discipline;
(b) in a case where he is given notice pursuant to
Regulation 13(2), whether he wishes to be legally represented at the
disciplinary hearing; and
(c) whether he proposes to call any witnesses to relevant facts at
the hearing and the names and addresses of any such witnesses whose attendance
he wishes the Attorney General to secure.
(2) Where, pursuant to paragraph (1)(c), the
member concerned states that he wishes the Attorney General to secure the
attendance of witnesses, the Attorney General shall -
(a) order any witness who is a member of the Honorary Police 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.
Advancement
of disciplinary hearing date
15. Notwithstanding
Regulation 13, a disciplinary hearing may take place less than 21 days after
notice is given pursuant to that provision, if the Attorney General considers
it appropriate in the circumstances, where -
(a) at the time the member concerned receives notice pursuant to
Regulation 12(1)(a), he is detained pursuant to a sentence of a court in a
prison; and
(b) having been given the documents required by
Regulation 12(1)(b), the member concerned does not elect to be legally
represented at the hearing.
Hearing
of disciplinary charges
16. A
disciplinary charge shall be heard by the Attorney General.
Documents
to be given to member concerned
17.-(1) Where the member
concerned accepts, in accordance with Regulation 14, that he has committed an
offence against discipline the Attorney General shall cause a summary of the
facts of the case to be prepared and a copy of it given to the member concerned
at least 14 days before the disciplinary hearing.
(2) If the member concerned does not agree the
summary of facts, he may give a response within 7 days of receipt of the copy
of the summary.
(3) Where the member concerned does not accept
that he has committed an offence against discipline, no summary of facts shall
be prepared.
Representation
at disciplinary hearing
18.-(1) Where the member
concerned has not been given an opportunity to elect to be legally represented
or has not so elected, the case against him shall be presented by a member of
the Force.
(2) Where the member concerned has given notice
in accordance with Regulation 14 that he wishes to be legally represented, the
case against him may be presented by an advocate or solicitor, whether or not
the member concerned is actually so represented.
(3) The member concerned may, in any case,
conduct his case in person.
(4) Where the member concerned has been given
an opportunity to elect to be legally represented and has so elected, he may be
represented at the disciplinary hearing, at his option, by an advocate or
solicitor.
(5) Where the member concerned has not been
given an opportunity to elect to be legally represented or has not so
elected, he may be represented at the
disciplinary hearing only by another member of the Honorary Police or by a
member of the Force or police officer from some other force.
Procedure at disciplinary hearing
19.-(1) Except as provided
by these Regulations, the procedure at a disciplinary hearing shall be
determined by the Attorney General.
(2) The Attorney General 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.
(3) The Attorney General shall review the facts
of the case and decide whether or not the member concerned is guilty of the
offence against discipline with which he is charged, but shall not find him
guilty unless -
(a) he has admitted the offence; or
(b) the case is proved by the person presenting it on the balance of
probabilities.
(4) Where the member concerned is found guilty
of an offence against discipline, the Attorney General shall determine whether,
in all the circumstances, it would be reasonable to impose any punishment and,
if so, what that punishment should be.
Attendance of member concerned at
disciplinary hearing
20.-(1) The Attorney General shall order the member
concerned to attend the disciplinary hearing.
(2) If the member concerned fails to attend the
disciplinary hearing, it may be proceeded with and concluded in his absence.
(3) Where the member concerned informs the
Attorney General in advance that he 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 member
concerned, it is impossible to comply with any of the procedures set out in these
Regulations, that procedure shall be
dispensed with.
Attendance
of complainant at disciplinary hearing
21.-(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 Attorney General, be
accompanied by a personal friend or relative.
(3) Where the complainant or any person allowed
to accompany him is called as a witness at the disciplinary hearing, he and any
person allowed to accompany him shall not be allowed to attend before he gives
his evidence.
(4) Where the member concerned gives evidence
then, after the person presenting the case has had an opportunity of
cross-examining him, the Attorney General shall put to the member 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 Attorney General’s
discretion, may allow the complainant to put such questions to the member
concerned.
(5) Except as provided in paragraph (4), the
complainant and any person allowed to accompany him shall neither intervene in,
nor interrupt, the disciplinary hearing and, if he or such person behaves in a
disorderly or abusive manner or otherwise misconducts himself, the Attorney
General may exclude him from the remainder of the hearing.
Attendance
of others at disciplinary hearing
22.-(1) Except as provided
in this Regulation and Regulation 21, a disciplinary hearing shall be in
private.
(2) The Attorney General may allow any
advocate, solicitor or other such persons as he considers desirable to attend
the whole or such part of the disciplinary hearing as he may think fit, subject
to the consent of the member concerned
and the person presenting the case against him.
(3) Any member of the Authority shall be
entitled to attend the hearing of a disciplinary charge which arises from a
complaint or from any investigation supervised by the Authority pursuant to
Article 23 of the Law.
(4) The member concerned may be accompanied at
the hearing by any person other than an interested party.
(5) The Attorney General may allow witnesses to
be accompanied at the hearing by a personal friend or relative.
Exclusion
of public from disciplinary hearing
23. Where
it appears to the Attorney General 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, he shall require any member of the public, including
the complainant and any person allowed to accompany the complainant or any
witness, to withdraw while the evidence is given.
Evidence
at disciplinary hearing
24.-(1) The Attorney General
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 member concerned,
the Attorney General may allow any document to be adduced in evidence during
the disciplinary hearing notwithstanding that a copy of it has not been given
to the member concerned in accordance with Regulation 12(1)(b).
Record
of disciplinary hearing
25. The
Attorney General shall -
(a) ensure that a verbatim record of the proceedings at a disciplinary
hearing is taken; and
(b) if the member concerned so requests within the time limit for
any appeal specified in Article 27(3) of the Law and after he has given notice of
appeal in accordance with Regulation 30, supply him with a transcript of the
record or a copy of it.
Punishments
26.-(1) Subject to
Regulation 11, the Attorney General may impose any of the following
punishments, that is to say -
(a) dismissal from the Honorary Police;
(b) requirement to resign from the Honorary Police, as an
alternative to dismissal, taking effect either forthwith or on such date as may
be specified in the decision;
(c) suspension;
(d) censure;
(e) reprimand.
(2) Any
punishment imposed under paragraph (1), except a requirement to resign, shall
have immediate effect.
(3) The member concerned may be dismissed or
required to resign without his being legally represented if he -
(a) fails without reasonable cause to give notice in accordance with
these Regulations that he wishes to be legally represented;
(b) gives notice in accordance with these Regulations that he does
not wish to be legally represented; or
(c) gives notice in accordance with these Regulations that he wishes
to be legally represented but, at any time, withdraws such notice.
Service
to be considered before punishment imposed
27. Where
the question of the punishment to be imposed is being considered -
(a) the Attorney General -
(i) shall have regard to the past service in
the Honorary Police of the member concerned, and
(ii) may receive evidence from any witness whose
evidence, in his opinion or in the opinion of the member concerned, would
assist in determining the question; and
(b) the member concerned or his representative shall be given an
opportunity to make oral or, if appropriate, written representations concerning
the question or to adduce evidence relevant to it.
Notification of
finding
28.-(1) At the conclusion of
a disciplinary hearing, the Attorney General shall inform the member concerned
orally of the decision on the
disciplinary charge and of any punishment imposed.
(2) The Attorney General shall, within the 3
days following the conclusion of the disciplinary hearing, cause the member
concerned and the Connétable of the Parish in which he serves to be given
written notice of the decision and any punishment imposed and a summary of the
reasons for them.
Records
of disciplinary proceedings
29.-(1) The Attorney
General shall maintain a book of record of disciplinary proceedings brought
against members of the Honorary Police.
(2) The Attorney General shall enter every case
brought against a member of the Honorary Police in the book of record, together
with the finding on the case and a record of the decision in any further
proceedings in connection with the case.
Appeals
Initiation
of appeal
30.-(1) An appeal against
the decision on a disciplinary charge or punishment imposed may only be made in
accordance with Article 27 of the Law and these Regulations.
(2) The Attorney General shall be the
respondent on an appeal.
(3) Notice of an appeal shall be in writing and
given to the Authority within the time specified in Article 27(3) of the Law or allowed pursuant to Article
27(4) of the Law19 and a copy of it shall be given to
the respondent.
(4) An application for extension of the period
within which an appeal must be made shall be in writing and made to the
Authority and a copy of it shall be sent to the respondent.
(5) The Bailiff, when setting up a panel
pursuant to Article 27(2) of the Law, shall, at the same time, appoint
one of the members as chairman of the panel.
Procedure
on notice of appeal
31.-(1) As soon as
practicable after receipt of a copy of a notice of appeal, the respondent shall
give the panel -
(a) a copy of his report on the decision appealed against;
(b) a transcript of the proceedings at the
original hearing;
(c) any documents which were made available to him at the original
hearing.
(2) The respondent shall, at the same time that
he gives the documents described in paragraph (1) to the panel, give a copy of
the transcript of the proceedings at the original hearing to the appellant.
(3) Subject to paragraph (4), the appellant
shall, within 28 days of the date on which he receives the copy of the
transcript of the proceedings at the original hearing, give the panel a
statement of the grounds of appeal and any supporting documents.
(4) The appellant shall, at the same time that
he gives the panel the statement and documents described in paragraph (3), give
a copy of them to the respondent.
(5) Where the panel is satisfied, on the
written application of the appellant that, by reason of the special
circumstances of the case it is just and right so to do, it may extend the
period referred to in paragraph (3).
(6) The respondent shall, not later than 21
days from the date on which he receives the copy referred to in paragraph (4),
give the panel a statement of his response to the appeal and any supporting
documents.
(7) The respondent shall, at the same time as
he complies with paragraph (6), give the appellant a copy of the statement and
any supporting documents.
Procedure at appeal hearing
32.-(1) Where an appeal is
to be determined at a hearing, the chairman of the panel shall cause the
appellant and respondent to be given
notice of the date of the hearing not less than 28 days, or such shorter period
as may, with the agreement of both parties, be determined, before the hearing
begins.
(2) Where an appeal hearing is held, the
respondent shall have the same rights to be represented as are afforded to the
appellant by Article 27(5) of the Law.
(3) The panel may proceed with the appeal
hearing in the absence of either party, whether represented or not, if it
appears to be just and proper to do so, and may adjourn it from time to time as
may appear necessary for the due hearing of the case.
(4) Except as provided in these Regulations,
the procedure at an appeal hearing shall be determined by the panel.
Appeal
hearing to be in private
33.-(1) Subject to
paragraphs (2) and (4) and Regulation 35, an appeal hearing shall be held in
private.
(2) The panel may allow such person or persons
as it considers desirable to attend the whole or such part of the hearing as it
may think fit.
(3) Notwithstanding that the panel has allowed
a person to attend the appeal hearing, where it appears to the panel 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 panel shall
require any member of the public present to withdraw while that evidence is
given.
(4) A member of the Authority shall be entitled
to attend an appeal hearing.
Evidence
at appeal hearing
34.-(1) The panel shall
determine any question as to whether any evidence is admissible, or whether any
question should or should not be put to a witness.
(2) The panel may require oral evidence to be
given on oath.
(3)
A panel may admit evidence by way of a written statement made by a person,
notwithstanding that he may not be called as a witness, so, however, that
evidence shall not be admissible under this Regulation if it would not have
been admissible had it been given orally.
(4) For the purposes of this Regulation, a
written statement purporting to be made and signed by a person and witnessed by
another person shall be presumed to have been made by that person unless the
contrary be shown.
(5) Nothing in this Regulation shall prejudice
the admission of written evidence which would be admissible apart from this
Regulation.
(6) The chairman of the panel shall either
cause a verbatim record of the evidence given at the appeal hearing to be taken
and kept for a period of not less 7 years from the date of the end of the
hearing or cause a transcription of the record to be made.
Attendance
of complainant at appeal hearing
35.-(1) This Regulation
applies in relation to an appeal hearing where the decision appealed against
arose from a complaint and the appeal is not against punishment only.
(2) The chairman of the panel shall cause notice of the date of the appeal
hearing to be given to the complainant at the same time as it is given to the
appellant and respondent pursuant to Regulation 32(1).
(3) Subject to paragraphs (4) and (5), the
panel shall allow the complainant to attend the appeal hearing while witnesses
are being examined or cross-examined on the facts alleged and, if the panel
considers it appropriate so to do, on account of the age of the complainant or
otherwise, shall allow him to be accompanied by a personal friend or relative
who is not be to called as a witness at the hearing.
(4) Where the complainant is to be called as a
witness at the appeal hearing, he and any person allowed to accompany him shall
not be allowed to attend before he gives his evidence.
(5) Where it appears to the panel 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, it shall require
the complainant and any person allowed to accompany him to withdraw while that
evidence is given.
(6) Where the appellant gives evidence, then,
after the person representing the respondent has had an opportunity of
cross-examining him, the chairman of the panel shall put to him any questions
which the complainant requests should be so put and might have been properly so
put by way of cross-examination and, at his discretion, may allow the
complainant himself to put such questions to the appellant.
(7) Except as provided in paragraph (6), the
complainant and any person allowed to accompany him shall neither intervene in
nor interrupt the appeal hearing and, if he or such person should behave in a
disorderly or abusive manner or otherwise misconduct himself, the chairman of
the panel may exclude him from the remainder of the hearing.
Determination of
appeal without hearing
36. The
panel may, with the agreement of the appellant and respondent, determine an
appeal without a hearing.
Statement
of panel’s decision
37.-(1) The chairman of the
panel shall -
(a) prepare a written statement of the panel’s decision on the
appeal and of the reason for it;
(b) give the statement to the Chairman of the Authority; and
(c) give a copy of the statement to the appellant and respondent.
(2) Where the decision appealed against arose
from a complaint, the Chairman of the Authority shall notify the complainant of
the outcome of the appeal.
Effect of decision on
appeal
38.-(1) Where an appeal is
allowed the decision of the panel shall take effect by way of substitution for
the decision appealed against and as from the date of the decision appealed
against.
(2) Where the effect of the decision of the
panel is to reinstate the appellant in the Honorary Police and he was suspended
for a period immediately preceding the date of the decision appealed against,
the decision shall deal with the suspension.
Supplemental
Delegation
39.-(1) Subject to
paragraph (2), the Attorney General may delegate to the Solicitor General or a
Crown Advocate -
(a) his powers under Regulations 4, 6, 9, and
10; and
(b) all or any of his duties under these Regulations to give any notice,
cause any document to be prepared, give a copy of any document to any person or
secure the attendance of any person at a hearing.
(2) The Attorney General may not delegate any
duty imposed on him by the Law.
Administration
for panel
40. The
Judicial Greffier shall be clerk to a panel and, accordingly, any document
required to be given to a panel shall be delivered to him.
Service
by post
41. Any
notice or document to be given, sent or delivered pursuant to these Regulations
may be given, sent or delivered by post.
Repeals
42.-(1) Subject to paragraph
(2), Regulations 5, 6 and 7 and the first Regulation 8 (Appeals) of the
Honorary Police (Jersey) Regulations 1977 shall be repealed.
(2) The enactments repealed shall continue to
have effect in relation to conduct which is the subject of a complaint received
by the Attorney General or the Connétable of the Parish in which the member
concerned serves before these Regulations come into force and in relation to a
matter referred to the Attorney General before these Regulations come into
force.
Citation
and commencement
43. These
Regulations may be cited as the Police (Honorary Police Complaints and
Discipline Procedure) (Jersey) Regulations 2000 and shall come into force on
the first day of January 2001.
C.M.
NEWCOMBE
Greffier
of the States.
SCHEDULE
(Regulation 2(1))
Discipline
Code
Interpretation
1. In this Schedule “officers” means members
of the Honorary Police.
Honesty
and integrity
2. It is of paramount importance that the
public has faith in the honesty and integrity of officers. Officers should, therefore, be open and
truthful in their dealings; avoid being improperly beholden to any person or
institution and discharge their duties with integrity.
Fairness
and impartiality
3. Officers have a particular responsibility
to act with fairness and impartiality in all their dealings with the public and
their colleagues.
Politeness
and tolerance
4. Officers should treat members of the
public and colleagues with courtesy and respect, avoiding abusive or deriding
attitudes or behaviour. In particular,
officers must avoid: favouritism of an individual or group; all forms of
harassment, victimization or unreasonable discrimination; and overbearing
conduct to a colleague, particularly to one junior in rank or service.
Use
of force and abuse of authority
5. Officers must never knowingly use more
force than is reasonable, nor should they abuse their authority.
Performance of duties
6. Officers should be conscientious and diligent in the
performance of their duties. If absent through sickness or injury, they should
avoid activities likely to retard their return to duty.
Lawful
orders, directives, etc.
7. The Honorary Police is a disciplined
body. Unless there is good and
sufficient cause to do otherwise, officers must obey all lawful orders and
directives and abide by the provisions of
the Honorary Police (Jersey) Regulations 1977 and the Police (Honorary
Police Complaints and Discipline Procedure) (Jersey) Regulations 200-. Officers
should support their colleagues in the execution of their lawful duties, and
oppose any improper behaviour, reporting it where appropriate.
Confidentiality
8. Information which comes into the
possession of the Honorary Police should be treated as confidential. It should not be used for personal benefit
and nor should it be divulged to other parties except in the proper course of
police duty. Similarly, officers should
respect as confidential information about the policy and operations of the
Honorary Police and the Force unless authorized to disclose it in the course of
their duties.
Criminal
offences
9. Officers must report to the Connétable of
the Parish in which they serve any proceedings for a criminal offence taken
against them. Conviction of a criminal
offence may of itself be an offence against discipline.
Property
10. Officers must exercise reasonable care to
prevent loss or damage to property (excluding their own property but including
police property).
Alcohol
11.-(1) Officers
shall not consume any alcohol whilst on duty.
An officer is on duty at all times during his duty rota except during
such times as he has, with the prior agreement of, if he is a Vingtenier or
Constable’s officer, the duty Centenier or, if he is a Centenier, another
Centenier of the Parish, been relieved of duty.
(2) Officers shall not be on duty having
consumed alcohol before coming on duty to such an extent that their judgment or
ability to perform their duties is likely to be adversely affected or is likely
to bring the Honorary Police into disrepute.
Appearance
12. Unless on duties which dictate otherwise,
officers should always be well turned out, clean and tidy whilst on duty.
General
conduct
13. Whether on or off duty, officers should not
behave in a way which is likely to bring discredit upon the Honorary Police.
Notes:
(a) The
duties of those who hold the office of Centenier, Vingtenier or Constable’s
Officer include the protection of life and property, the preservation of the
Queen’s peace, and the prevention and detection of criminal offences. To fulfil these duties they are granted
extraordinary powers; the public and the Honorary Police therefore have a right
to expect the highest standards of conduct from them.
(b) This Code sets out the principles which guide officers’
conduct. It does not seek to restrict
officers’ discretion: rather it aims to define the parameters of conduct within
which that discretion may be exercised.
However, it is important to note that any breach of the principles in
this Code may result in the preferment of disciplinary charges which, if
proved, in a serious case, could involve dismissal.
(c) This Code applies to the conduct of all officers whilst on duty,
or whilst off duty if the conduct is serious enough to indicate that an officer
is not fit to be such. It will be
applied in a reasonable and objective manner.
Due regard will be paid to the degree of negligence or deliberate fault
and to the nature and circumstances of an officer’s conduct. Where off-duty conduct is in question, this
will be measured against the generally accepted standards of the day.