Police Procedures
and Criminal Evidence (Jersey) Law 2003[1]
A LAW to make further provision in
relation to the powers and duties of the police, persons in police or customs
detention, criminal evidence and the conduct of criminal proceedings; and for
purposes connected therewith and incidental thereto
Commencement
[see endnotes]
PART 1
INTERPRETATION
1 General
interpretation
(1) In
this Law, unless the context otherwise requires –
“Agent
of the Impôts” and “officer of the Impôts” shall
be construed in accordance with Article 4 of the Customs and Excise (Jersey) Law 1999[2];
“analysis”,
in
relation to a skin impression, includes comparison and matching;
“appropriate
consent” means –
(a) in relation to a person who has attained the
age of 17 years, the consent of that person;
(b) in relation to a person who has not attained
the age of 17 years, but has attained the age of 14 years, the consent of
that person and the person’s parent or guardian; and
(c) in relation to a person who has not attained
the age of 14 years, the consent of the person’s parent or guardian;
“Chief
Officer” means the Chief Officer of the
Force;
“Class
A drug” has the meaning given in Article 3
of the Misuse of Drugs (Jersey)
Law 1978[3];
“confession”
includes any statement wholly or partly adverse
to the person who made it, whether made to a person in authority or not and
whether made in words or otherwise;
“custody
officer” shall be construed in accordance
with Article 34;
“designated
police station” shall be construed in
accordance with Article 33;
“document”
means anything in which information of any
description is recorded;
“excluded
material” has the meaning assigned to it
by Article 6(1);
“extradition arrest
warrant” has the same meaning as it has in Article 1(1) of the
Extradition (Jersey) Law 2004[4];
“fingerprints”,
in relation to any person, means a record (in
any form and produced by any method) of the skin pattern and other physical
characteristics or features of –
(a) any of that person’s fingers; or
(b) either of the person’s palms;
“Force”
means the States of Jersey Police Force;
“honorary
police officer” means a member of the
Honorary Police;
“hovercraft”
means a vehicle which is designed to be
supported when in motion wholly or partly by air expelled from the vehicle to
form a cushion of which the boundaries include the ground, water or other
surface beneath the vehicle;
“Immigration
Act 1971” means the Immigration Act 1971 of the United Kingdom
as it is extended to Jersey, with modifications, by the Immigration (Jersey) Order 1993[5];
“intimate
sample” means –
(a) a sample of blood, semen or any other tissue
fluid, urine or pubic hair;
(b) a dental impression;
(c) a swab taken from a person’s body
orifice other than the mouth;
“intimate
search” means a search which consists of
the physical examination of a person’s body orifices other than the
mouth;
“items
subject to legal privilege” has the
meaning assigned to it by Article 5;
“journalistic
material” has the meaning assigned to it
by Article 8;
“legal
representative” includes any person
employed by a firm of advocates or solicitors, who is not an advocate or
solicitor, but who is, for the time being, notified by the person’s employer
to the Chief Officer as a legal representative for the purposes of this Law;
“Magistrate”
means the “Juge d’Instruction”
appointed under the Loi (1864) concernant
la charge de Juge d’Instruction[6] and includes a person exercising those functions;
“Minister” means the Minister for Home
Affairs;
“misuse”,
in relation to a drug, means misuse of the drug
by taking it by way of any form of self-administration, whether or not
involving assistance by another person;
“money
laundering offence” means an offence in
respect of which a confiscation order may be made under Article 3 of and Schedule
1 to the Proceeds of Crime (Jersey)
Law 1999[7];
“non-intimate
sample” means –
(a) a sample of hair other than pubic hair;
(b) a sample taken from a nail or from under a
nail;
(c) a swab taken from any part of a
person’s body including the mouth but not any other body orifice;
(d) saliva;
(e) a skin impression;
“offensive
weapon” means any article –
(a) made or adapted for use for causing injury
to persons; or
(b) intended by the person having it with the
person for that use by the person or by some other person;
“parent
or guardian” means, in the case of a child
or young person in the care of the Minister for Health and Social Services,
that Minister;
“personal
records” has the meaning assigned to it by
Article 7;
“police
detention” shall be construed in
accordance with Article 2;
“police
officer” mean a member of the Force or an
honorary police officer;
“police
station” shall not include, in Parts 5 and
6, any parish hall;
“premises” includes any place and, in particular, includes –
(a) any vehicle, vessel, aircraft or hovercraft;
and
(b) any tent or movable structure;
“prescribed” means prescribed by Rules made by the Royal Court;
“prohibited
article” has the meaning assigned to it by
Article 4;
“registered
medical practitioner” has the same meaning
as in the Medical Practitioners
(Registration) (Jersey) Law 1960[8];
“registered
nurse” shall be construed in accordance
with the Nursing and Midwifery
Order 2001 of the United Kingdom, as amended from time to time, or
any further enactment of the United Kingdom regarding registration which may
replace it;
“relevant
evidence” means, in relation to an
offence, anything that would be admissible in evidence at a trial for the
offence;
“relevant
offence” means any offence specified by
Order under Article 49(5);
“relevant
time” means the time from which the period
of detention of a person is to be calculated in accordance with Article 2(2);
“serious
offence” has the meaning assigned to it by
Article 3;
“skin
impression”, in relation to any person,
means any record (other than a fingerprint) which is a record (in any form and
produced by any method) of the skin pattern and other physical characteristics
or features of the whole or any part of the person’s foot or of any other
part of the person’s body;
“special
procedure material” has the meaning
assigned to it by Article 6(4);
“speculative
search”, in relation to a person’s
fingerprints or samples, means a check against other fingerprints or samples or
against information derived from other samples referred to in Article 58(1);
“sufficient” and “insufficient”,
in relation to a sample, shall be construed in accordance with paragraph (2);
“terrorism” has the meaning given in Article 2 of the Terrorism (Jersey) Law
2002[9];
“terrorism
provisions” means Article 37 of the
Terrorism (Jersey) Law 2002 and any provision of Schedule 8 to that Law
conferring a power of detention;
“vessel” includes any ship, boat, raft or other apparatus constructed or
adapted for floating on water;
“Youth
Appeal Court” means the court constituted
under Article 29 of the Criminal Justice (Young Offenders) (Jersey)
Law 2014[10];
“Youth
Court” means the court continued under
Article 24 of the Criminal Justice (Young Offenders) (Jersey)
Law 2014.[11]
(2) In
this Law, “sufficient” and
“insufficient”, in relation to
a sample, means sufficient or insufficient, in point of quantity or quality, for
the purpose of enabling information to be produced by the means of analysis
used or to be used in relation to the sample and references to a sample’s
proving insufficient include references to where, as a consequence
of –
(a) the loss, destruction or contamination of
the whole or any part of the sample;
(b) any damage to the whole or a part of the
sample; or
(c) the use of the whole or a part of the sample
for an analysis which produced no results or which produced results some or all
of which must be regarded, in the circumstances, as unreliable,
the sample has become unavailable
or insufficient for the purpose of enabling information, or information of a
particular description, to be obtained by means of analysis of the sample.
(3) [12]
(4) In
this Law, a reference to an enactment includes any provision of an Order in
Council or Act of Parliament having effect in Jersey and a reference to an
enactment being passed includes a reference to such an Order in Council or Act
of Parliament being enacted.
2 Meaning
of police detention
(1) A
person is in police detention for the purposes of this Law if –
(a) the person has been taken to a police
station after being arrested for an offence or after being arrested under Article 37
of the Terrorism (Jersey) Law 2002[13]; or
(b) the person is arrested at a police station
after attending voluntarily at the station or accompanying a police officer to
it,
and is detained there or is
detained elsewhere in the charge of a police officer, except that a person who
is at court after being charged is not in police detention for those purposes.[14]
(2) For
the purposes of this Law the relevant time from which the period of detention
of a person is to be calculated –
(a) in any case, except where sub-paragraph (b)
or (c) applies, shall be the time at which the person arrested arrives at the first
police station to which the person is taken after the person’s arrest;
(b) in the case of a person arrested outside Jersey,
shall be the time at which that person arrives at the first police station in Jersey
in which the offence for which the person was arrested is being investigated or
the time 12 hours after the time of that person’s entry into Jersey,
whichever is the earlier; or
(c) in the case of a person who attends
voluntarily at a police station or accompanies a police officer to a police
station without having been arrested, and is arrested at the police station,
shall be the time of the person’s arrest.
(3) For
the purposes of this Law, any reference to a period of time or a time of day,
in relation to a period of detention of a person, is to be treated as
approximate only.
3 Meaning
of “serious offence”
(1) This
Article has effect for determining whether an offence is a serious offence for
the purposes of this Law.
(2) The
following offences are always serious –
(a) an offence, whether under customary law or
under any enactment, specified in Part 1 of Schedule 1;
(b) an offence under an enactment specified in Part
2 of Schedule 1; and
(c) any of the offences mentioned in sub-paragraphs (a)
to (e) in the definition “drug trafficking” in Article 1(1) of
the Misuse of Drugs (Jersey) Law 1978[15]. [16]
(3) Subject
to paragraphs (4) and (5), any other offence is serious only if its
commission –
(a) has led to any of the consequences specified
in paragraph (6); or
(b) is intended or is likely to lead to any of
those consequences.
(4) An
offence which consists of making a threat is serious if carrying out the threat
would be likely to lead to any of the consequences specified in paragraph (6).
(5) [17]
(6) The
consequences mentioned in paragraphs (3) and (4) are –
(a) serious harm to the security of Jersey or to
public order;
(b) serious interference with the administration
of justice or with the investigation of offences or of a particular offence;
(c) the death of any person;
(d) serious injury to any person;
(e) substantial financial gain to any person;
(f) serious financial loss to any person.
(7) Loss
is serious for the purposes of this Article if, having regard to all the
circumstances, it is serious for the person who suffers it.
(8) In
this Article “injury” includes any disease and any impairment of a
person’s physical or mental condition.
(9) Conspiring
or attempting to commit a serious offence or aiding, abetting, counselling,
inciting or procuring the commission of a serious offence is a serious offence.[18]
(10) The
States may, by Regulations, amend Schedule 1.
4 Meaning
of “prohibited article”
(1) An
article is prohibited for the purposes of this Law if it is –
(a) an offensive weapon; or
(b) an article –
(i) made
or adapted for use in the course of or in connection with a specified offence,
(ii) intended
by the person having it with him or her for use by the person or by some other
person in the course of or in connection with a specified offence, or
(iii) used
by any person in the course of or in connection with a specified offence.
(2) In
paragraph (1)(b), “specified offence” means any of the
following –
(a) larceny, including robbery;
(b) breaking and entering or illegal entry;
(c) offences under Article 53 of the Road Traffic (Jersey) Law 1956[19]; and
(d) fraud, obtaining by false pretences,
embezzlement and fraudulent conversion.
5 Meaning
of “items subject to legal privilege”
(1) Subject
to paragraph (2), in this Law “items
subject to legal privilege” means –
(a) communications between a professional legal
adviser and the advisor’s client or any person representing the
adviser’s client made in connection with the giving of legal advice to
the client;
(b) communications between a professional legal
adviser and the adviser’s client or any person representing the
adviser’s client or between such an adviser or the advisor’s client
or any such representative and any other person made in connection with or in
contemplation of legal proceedings and for the purposes of such proceedings;
and
(c) items enclosed with or referred to in such
communications and made in connection with the giving of legal advice or in
connection with or in contemplation of legal proceedings and for the purposes
of such proceedings, when they are in the possession of a person who is
entitled to possession of them.
(2) Items
held with the intention of furthering a criminal purpose are not items subject
to legal privilege.
6 Meaning
of “excluded material” and “special procedure material”
(1) Subject
to paragraphs (2) and (3), in this Law “excluded material” means –
(a) personal records which a person has acquired
or created in the course of any trade, business, profession or other occupation
or for the purposes of any paid or unpaid office and which the person holds in
confidence;
(b) human tissue or tissue fluid which has been
taken for the purposes of diagnosis or medical treatment and which a person
holds in confidence;
(c) journalistic material which a person holds
in confidence and which consists of documents, or of records other than
documents.
(2) A
person holds material other than journalistic material in confidence for the
purposes of this Article if the person holds it subject –
(a) to an express or implied undertaking to hold
it in confidence; or
(b) to a restriction on disclosure or an
obligation of secrecy contained in any enactment, including an enactment passed
after this Law.
(3) A
person holds journalistic material in confidence for the purposes of this Article
if –
(a) the person holds it subject to an
undertaking, restriction or obligation described in paragraph (2); and
(b) it has been continuously held, by one or
more persons, subject to that undertaking, restriction or obligation since it
was first acquired or created for the purposes of journalism.
(4) In
this Law, “special procedure material”
means –
(a) material to which paragraph (5)
applies; and
(b) journalistic material, other than excluded
material.
(5) Subject
to paragraphs (6) to (8), this paragraph applies to material, other than
items subject to legal privilege and excluded material, in the possession of a
person who –
(a) acquired or created it in the course of any
trade, business, profession or other occupation or for the purpose of any paid
or unpaid office; and
(b) holds it subject to an express or implied
undertaking to hold it in confidence, or to a restriction or obligation
mentioned in paragraph (2)(b).
(6) Where
material is acquired by an employee from the employee’s employer and in
the course of the employee’s employment or by a company from an
associated company, it is only special procedure material if it was special
procedure material immediately before the acquisition.
(7) Where
material is created by an employee in the course of the employee’s
employment, it is only special procedure material if it would have been special
procedure material had the employee’s employer created it.
(8) Where
material is created by a company on behalf of an associated company, it is only
special procedure material if it would have been special procedure material had
the associated company created it.
(9) For
the purposes of this Article, a company is to be treated as another’s
associated company at a given time if, at that time, or at any other time
within one year previously, one of the 2 has control of the other, or both are
under the control of the same person or persons.
(10) For
the purposes of this Article, a person shall be taken to have control of a
company if the person exercises, or is able to exercise or is entitled to
acquire, direct or indirect control over the company’s affairs, and in
particular, but without prejudice to the generality of the preceding words, if the
person possesses or is entitled to acquire –
(a) the greater part of the share capital or
issued share capital of the company or of the voting power in the company;
(b) that part of the issued share capital of the
company which would, if the whole of the income of the company were in fact
distributed among the participators, without regard to any rights which the
person or any other person has as a loan creditor, entitle the person to
receive the greater part of the amount so distributed; or
(c) those rights which would in the event of the
winding-up of the company or in any other circumstances, entitle the person to
receive the greater part of the assets of the company which would then be
available for distribution among the participators.
(11) Where
2 or more persons together satisfy any of the conditions of paragraph (10),
they shall be taken to have control of the company.
(12) For
the purposes of paragraph (10) a person shall be treated as entitled to
acquire anything which he is entitled to acquire at a future date, or will at a
future date be entitled to acquire.
(13) For
the purposes of paragraphs (10) and (11), there shall be attributed to any
person any rights or powers of a nominee for the person, that is to say, any
rights or powers which another person possesses on the first person’s
behalf or may be required to exercise on the first person’s direction or
behalf.
(14) For
the purposes of paragraphs (10) and (11), there may also be attributed to
any person all the rights and powers of any company of which the person has, or
the person and associates of the person have, control or any 2 or more of those
companies, or of any associate of the person or of any 2 or more associates of his
or hers, including those attributed to a company or associate under paragraph (13),
but not those attributed to an associate under this paragraph, and those
attributions shall be made under this paragraph which will result in the
company being treated as under the control of 5 or fewer participators if it
can be so treated.
(15) In
this Article –
(a) “associate”
means, in relation to a participator and correspondingly in relation to a
person other than a participator –
(i) any
relative of the participator,
(ii) any
person with whom the participator is in partnership,
(iii) the
trustee or trustees of any settlement in relation to which the participator is,
or any relative of the participator, living or dead, is or was, a settlor, and
(iv) where
the participator is interested in any shares or obligations of the company
which are subject to any trust, or are part of the estate of a deceased person,
the trustee or trustees of the settlement concerned or the personal
representatives of the deceased and, if the participator is a company, any
other company interested in those shares or obligations;
(b) “loan
creditor”, in relation to a company, means subject to paragraphs (17)
and (18), a creditor in respect of any redeemable loan capital issued by the
company or in respect of any debt incurred by the company –
(i) for
any money borrowed or capital assets acquired by the company,
(ii) for
any right to receive income created in favour of the company, or
(iii) for
consideration the value of which to the company was, at the time when the debt
was incurred, substantially less than the amount of the debt including any
premium on it;
(c) a “participator”
is, in relation to any company, a person having a share or interest in the
capital or income of the company and, without prejudice to the generality of
the preceding words, includes –
(i) any
person who possesses, or is entitled to acquire, share capital or voting rights
in the company,
(ii) any
loan creditor of the company,
(iii) any
person who possesses, or is entitled to acquire, a right to receive or
participate in distributions of the company of any amounts payable by the
company, in cash or in kind, to loan creditors by way of premium on redemption,
and
(iv) any
person who is entitled to secure that income or assets whether present or
future of the company will be applied directly or indirectly for the
person’s benefit;
(d) “relative”
means husband or wife or civil partner, parent or remoter forebear, child or
remoter issue, or brother or sister.[20]
(16) References
in paragraph (15)(c) to being entitled to do anything apply where a person
is presently entitled to do it at a future date, or will at a future date be
entitled to do it.
(17) Subject
to paragraph (18), a person who is not the creditor in respect of any debt
or loan capital to which paragraph (15)(b) applies but nevertheless has a
beneficial interest therein shall, to the extent of that interest, be treated
for the purposes of this Article as a loan creditor in respect of that debt or
loan capital.
(18) A
person carrying on a business of banking shall not be deemed to be a loan
creditor in respect of any loan capital or debt issued or incurred by the
company for money lent by the person to the company in the ordinary course of
that business.
7 Meaning
of “personal records”
In this Law “personal records” means documentary and
other records concerning an individual, whether living or dead, who can be
identified from them and relating –
(a) to
the individual’s physical or mental health;
(b) to
spiritual counselling or assistance given or to be given to the individual; or
(c) to
counselling or assistance given or to be given to the individual, for the
purposes of the individual’s personal welfare, by any voluntary
organization or by an individual who –
(i) by reason of the organization or
individual’s office or occupation has responsibilities for the
individual’s personal welfare, or
(ii) by reason of an order of a court has
responsibilities for the individual’s supervision.
8 Meaning
of “journalistic material”
(1) Subject
to paragraph (2), in this Law “journalistic
material” means material acquired or created for the purposes of
journalism.
(2) Material
is only journalistic material for the purposes of this Law if it is in
possession of a person who acquired or created it for the purposes of
journalism.
(3) A
person who receives material from someone who intends that the recipient shall
use it for the purposes of journalism is to be taken to have acquired it for those
purposes.
PART 2
POWERS TO STOP AND SEARCH
9 Power
of police officer to stop and search persons, vehicles etc.
(1) A
police officer may exercise any power conferred by this Article –
(a) in any place to which, at the time when the
officer proposes to exercise the power, the public or any section of the public
has access, on payment or otherwise, as of right or by virtue of express or
implied permission; or
(b) in any other place to which people have
ready access at the time when the officer proposes to exercise the power but
which is not a dwelling.
(2) Subject
to paragraphs (3) to (5), a police officer –
(a) may search any person or vehicle, or
anything which is in or on a vehicle, for stolen or prohibited articles; and
(b) may detain a person or vehicle for the
purpose of that search.
(3) This
Article shall not give a police officer power to search a person or vehicle or
anything in or on a vehicle unless the officer has reasonable grounds for
suspecting that he or she will find stolen or prohibited articles.
(4) If
a person is in a garden or yard occupied with and used for the purposes of a
dwelling or on other land so occupied and used, a police officer may not search
the person in the exercise of the power conferred by this Article unless the
police officer has reasonable grounds for believing –
(a) that the person does not reside in the
dwelling; and
(b) that the person is not in the place in
question with the express or implied permission of a person who resides in the
dwelling.
(5) If
a vehicle is in a garden or yard occupied with and used for the purposes of a
dwelling or on other land so occupied and used, a police officer may not search
the vehicle or anything in or on it in the exercise of the power conferred by
this Article unless the officer has reasonable grounds for
believing –
(a) that the person in charge of the vehicle
does not reside in the dwelling; and
(b) that the vehicle is not in the place in
question with the express or implied permission of a person who resides in the
dwelling.
(6) If
in the course of a search under this Article a police officer discovers
anything which the officer has reasonable grounds for suspecting to be a stolen
or prohibited article, the officer may seize it.
(7) For
the purposes of this Article, any reference to a stolen article includes an
article obtained –
(a) by means of larceny, including robbery; or
(b) by means of fraud, obtaining by false
pretences, embezzlement or fraudulent conversion.
10 Provisions
relating to search under Article 9 and other powers
(1) A
police officer who detains a person or vehicle in the exercise of the power
conferred by Article 9 or of any other power to search a person without first
arresting the person or to search a vehicle without making an arrest, need not
conduct a search if it appears to the officer subsequently that no search is
required or that a search is impracticable.
(2) If
a police officer contemplates a search, other than a search of an unattended
vehicle, in the exercise of the power conferred by Article 9 or of any other
power to search a person without first arresting the person or to search a
vehicle without making an arrest, the officer shall, subject to
paragraph (4), take reasonable steps before he or she commences the search
to bring to the attention of the appropriate person –
(a) if the police officer is not in uniform,
documentary evidence that he or she is a police officer; and
(b) whether the officer is in uniform or not,
the matters specified in paragraph (3),
and the police officer shall not
commence the search until he or she has done so.
(3) The
matters referred to in paragraph (2) are –
(a) the name of the police officer and, in the
case of an honorary police officer, the parish to which the officer is
appointed;
(b) the object of the proposed search;
(c) the police officer’s grounds for
proposing to make it; and
(d) the effect of Article 12(7) or (8), as may
be appropriate.
(4) A
police officer need not bring the effect of Article 12(7) or (8) to the
attention of the appropriate person if it appears to the police officer that it
will not be practicable to make the record referred to in Article 12(1).
(5) On
completing a search of an unattended vehicle or anything in or on that vehicle
in the exercise of any power mentioned in paragraph (2) a police officer shall
leave a notice –
(a) stating that the officer has searched it;
(b) giving the name of the police station to
which the officer is attached, or in the case of an honorary police officer,
the parish to which the officer is appointed;
(c) stating that an application for compensation
for any damage caused by the search may be made to that police station or
parish; and
(d) stating the effect of Article 12(8).
(6) The
police officer shall leave the notice inside the vehicle unless it is not
reasonably practicable to do so without damaging the vehicle.
(7) The
time for which a person or vehicle may be detained for the purposes of that
search is the time reasonably required to permit a search to be carried out
either at the place where the person or vehicle was first detained or nearby.
(8) Neither
the power conferred by Article 9 nor any other power to detain and search a
person without first arresting the person or to detain and search a vehicle
without making an arrest shall be construed as authorizing a police officer to
require a person to remove any of his or her clothing in public other than an
outer coat, jacket, gloves or headgear.
(9) This
Article and Article 9 apply, with necessary modifications, to vessels, aircraft
and hovercraft as they apply to vehicles.
(10) In
this Article “the appropriate person”
means –
(a) if the officer proposes to search a person,
that person; and
(b) if the officer proposes to search a vehicle,
or anything in or on a vehicle, the person in charge of the vehicle.
11 Powers to stop
and search in anticipation of violence
(1) Where
an officer of the Force of at least the rank of chief inspector reasonably
believes that incidents involving serious violence may take place in any
locality, and it is expedient to do so to prevent their occurrence, the officer
may give an authorization that the powers to stop and search persons and
vehicles conferred by this Article shall be exercisable at any place within
that locality for a period not exceeding 24 hours.
(2) The
power conferred by paragraph (1) may be exercised by an inspector if the
inspector reasonably believes that incidents involving serious violence are
imminent and no chief inspector is available.
(3) If
it appears to an officer of the Force of at least the rank of chief inspector
that it is expedient to do so, having regard to offences which have, or are
reasonably suspected to have, been committed in connection with any incident
falling within the authorization, the officer may direct that the authorization
shall continue in being for a further 6 hours.
(4) This
Article confers on any officer of the Force in uniform power –
(a) to stop any pedestrian and search the
pedestrian or anything carried by the pedestrian for offensive weapons or
dangerous instruments; and
(b) to stop any vehicle and search the vehicle,
its driver and any passenger for offensive weapons or dangerous instruments.
(5) An
officer of the Force may, in the exercise of any of the powers referred to in
paragraph (4), stop any person or vehicle and make any search the officer
thinks fit whether or not the officer has any grounds for suspecting that the
person or vehicle is carrying weapons or articles of that kind.
(6) If,
in the course of a search under this Article, an officer of the Force discovers
a dangerous instrument or an article which the officer has reasonable grounds
for suspecting to be an offensive weapon, the officer may seize it.
(7) Any
things seized by an officer of the Force pursuant to this Article may be
retained in accordance with an Order made by the Minister.
(8) The
Minister may by Order regulate the retention and safe keeping, and the disposal
and destruction, in circumstances specified in the Order, of things seized
pursuant to this Article.
(9) This
Article applies, with necessary modifications, to vessels, aircraft and
hovercraft as it applies to vehicles.
(10) A
person who fails to stop or to stop the vehicle when required to do so by an
officer of the Force in the exercise of his or her powers under this Article
shall be guilty of an offence and liable to imprisonment for a term of one
month and to a fine of level 2 on the
standard scale[21].
(11) Any
authorization under this Article shall be in writing and signed by the officer
giving it and shall specify the locality in which and the period during which
the powers conferred by this Article are exercisable and a direction under
paragraph (3) shall also be given in writing or, where that is not practicable,
recorded in writing as soon as it is practicable to do so.
(12) In
this Article, any reference to a dangerous instrument means an instrument which
has a blade or is sharply pointed.
12 Duty to make
records concerning searches
(1) Where
a police officer has carried out a search in the exercise of any power
conferred by Article 9 the officer shall make a record of it in writing unless
it is not practicable to do so.
(2) If
a police officer is required by paragraph (1) to make a record of a search but
it is not practicable to make the record immediately, the officer shall make it
as soon as practicable after the completion of the search.
(3) The
record of a search of a person shall include a note of the person’s name,
if the police officer knows it, but a police officer may not detain a person to
find out his or her name.
(4) If
a police officer does not know the name of the person whom the officer has
searched, the record of the search shall include a note otherwise describing
that person.
(5) The
record of a search of a vehicle shall include a note describing the vehicle.
(6) The
record of a search of a person or a vehicle –
(a) shall state –
(i) the
object of the search,
(ii) the
grounds for making it,
(iii) the
date and time when it was made,
(iv) the
place where it was made,
(v) whether
anything, and if so what, was found,
(vi) whether
any, and if so what, injury to a person or damage to property appears to the
police officer to have resulted from the search;
and
(b) shall identify the police officer making it.
(7) If
a police officer who conducted a search of a person made a record of it, the
person who was searched shall be entitled to a copy of the record if he or she
asks for one before the end of the period specified in paragraph (9).
(8) If
the owner of a vehicle which has been searched or the person who was in charge
of the vehicle at the time when it was searched asks for a copy of the record
of the search before the end of the period specified in paragraph (9) and the
police officer who conducted the search made a record of it, the person who
made the request shall be entitled to a copy.
(9) The
period mentioned in paragraphs (7) and (8) is the period of 12 months
beginning with the date on which the search was made.
(10) The
requirements imposed by this Article with regard to records of searches of
vehicles shall apply also to records of searches of vessels, aircraft and
hovercraft.
(11) An
honorary police officer who makes a record of a search shall forward a copy to
the Chef de Police of the parish to which the officer is appointed who shall
send it to the Chief Officer for record-keeping and reporting purposes.[22]
13 Vehicle checks
(1) This
Article shall have effect in relation to the conduct of vehicle checks by
police officers for the purpose of ascertaining whether a vehicle is
carrying –
(a) a person who has committed an offence, other
than an offence under the Road Traffic
(Jersey) Law 1956[23] which is not a serious offence;
(b) a person who is a witness to such an
offence;
(c) a person intending to commit such an
offence; or
(d) a person who is unlawfully at large.
(2) Subject
to paragraph (4), there shall only be a vehicle check if an officer of the
Force of at least the rank of chief inspector or a Chef de Police in connection
with a road in his or her parish authorizes it in writing.[24]
(3) An
officer or a Chef de Police may only authorize a vehicle check under paragraph
(2) –
(a) for the purpose of ascertaining whether a
vehicle is carrying a person specified in paragraph (1)(a), if he or she
has reasonable grounds –
(i) for
believing that the offence is a serious offence, and
(ii) for
suspecting that the person is, or is about to be, in the locality in which
vehicles would be stopped if the vehicle check were authorized;
(b) for the purpose of ascertaining whether a
vehicle is carrying a person specified in paragraph (1)(b), if he or she
has reasonable grounds for believing that the offence is a serious offence;
(c) for the purpose of ascertaining whether a
vehicle is carrying a person specified in paragraph (1)(c), if he or she
has reasonable grounds –
(i) for
believing that the offence would be a serious offence, and
(ii) for
suspecting that the person is, or is about to be, in the locality in which
vehicles would be stopped if the vehicle check were authorized;
(d) for the purpose of ascertaining whether a
vehicle is carrying a person specified in paragraph (1)(d), if he or she
has reasonable grounds for suspecting that the person is, or is about to be, in
that locality.[25]
(4) An
officer of the Force below the rank of chief inspector or a Centenier in
connection with a road in his or her parish may authorize a vehicle check if it
appears to the officer or Centenier that it is required as a matter of urgency
for one of the purposes specified in paragraph (1).
(5) If
an authorization is given under paragraph (4), the officer or Centenier who
gives it shall as soon as possible –
(a) make a written record of the time at which
he or she gives it; and
(b) cause an officer of the Force of at least
the rank of chief inspector or the Chef de Police, as the case may be, to be
informed that it has been given.[26]
(6) An
officer of the Force or the Chef de Police to whom a report is made under
paragraph (5) may, in writing, authorize the vehicle check to continue.[27]
(7) If
such an officer or Chef de Police considers that the vehicle check should not
continue, he or she shall record in writing –
(a) the fact that it took place; and
(b) the purpose for which it took place.[28]
(8) An
officer of the Force or the Chef de Police giving an authorization under this
Article shall specify the locality in which vehicles are to be stopped.[29]
(9) An
officer of the Force or the Chef de Police giving an authorization under this
Article, other than an authorization under paragraph (4), shall specify a
period, not exceeding 7 days, during which the vehicle check may continue and
may direct that the vehicle check shall be continuous or shall be conducted at
specified times, during that period.[30]
(10) If
it appears to an officer of the Force of at least the rank of chief inspector
or a Chef de Police that a vehicle check ought to continue beyond the period
for which it has been authorized he or she may, from time to time, in writing
specify a further period, not exceeding 7 days, during which it may continue.[31]
(11) Every
written authorization shall specify –
(a) the name of the officer of the Force or the
Chef de Police giving it;
(b) the purpose of the vehicle check; and
(c) the locality in which vehicles are to be
stopped.[32]
(12) The
duties to specify the purposes of a vehicle check imposed by paragraphs (7) and
(11) include duties to specify any relevant serious offence.
(13) Where
a vehicle is stopped in a vehicle check, the person in charge of the vehicle at
the time when it is stopped shall be entitled to obtain a written statement of
the purpose of the vehicle check if he or she applies for that statement not
later than the end of the period of 3 months from the day on which the vehicle
was stopped.
(14) Nothing
in this Article shall affect the exercise by police officers of any power to
stop vehicles for purposes other than those specified in paragraph (1).
(15) A
Chef de Police who authorizes a vehicle check under this Article or who is
informed of an authorization pursuant to paragraph (5)(b) shall promptly
inform the Chief Officer of the authorization for record keeping and recording
purposes.[33]
14 Reports of
recorded searches and of vehicle checks
(1) Every
annual report made by the Chief Officer shall contain information –
(a) about searches recorded under Article 12
which have been carried out during the period to which it relates; and
(b) about vehicle checks authorized during that
period under Article 13.
(2) The
information about searches shall not include information about specific
searches but shall include –
(a) the total numbers of searches in each month
during the period to which the report relates for stolen articles, for
offensive weapons and for other prohibited articles; and
(b) the total number of persons arrested in each
month in consequence of searches of each of the descriptions specified in
sub-paragraph (a).
(3) The
information about vehicle checks shall include information –
(a) about the reason for authorizing each
vehicle check; and
(b) about the result of each of them.
PART 3
POWERS OF ENTRY, SEARCH AND
SEIZURE
Search warrants
15 Power to
authorize entry and search of premises
(1) On
an application made by a police officer, the Bailiff or a Jurat may issue a
warrant authorizing a police officer to enter and search premises if he or she
is satisfied that there are reasonable grounds for believing –
(a) that a serious offence has been committed of
which there is evidence on premises specified in the application –
(i) which
is likely to be of substantial value, whether by itself or together with other
evidence, to the investigation of the offence,
(ii) which
is likely to be relevant, and
(iii) which
does not consist of or include items subject to legal privilege, excluded
material or special procedure material;
or
(b) that there are goods on premises specified
in the application which have been unlawfully obtained,
and that any of the conditions in
paragraph (3) applies.
(2) A
police officer may seize and retain anything for which a search has been
authorized under paragraph (1).
(3) The
conditions mentioned in paragraph (1) are –
(a) that it is not practicable to communicate
with any person entitled to grant entry to the premises;
(b) that it is practicable to communicate with a
person entitled to grant entry to the premises but it is not practicable to
communicate with any person entitled to grant access to the evidence;
(c) that entry to the premises will not be
granted unless a warrant is produced;
(d) that the purpose of a search may be
frustrated or seriously prejudiced unless a police officer arriving at the
premises can secure immediate entry to them.
(4) The
power to issue a warrant conferred by this Article is in addition to any power
to do so otherwise conferred.
(5) In
paragraph (1)(b), “goods” includes money and every other
description of movable property.
16 Special
provisions as to access
(1) A
police officer may obtain access to excluded material or special procedure
material for the purposes of a criminal investigation by making an application
under Schedule 2 and in accordance with that Schedule.
(2) Subject
to paragraph (3), any enactment passed before this Law under which a
search of premises for the purposes of a criminal investigation could be
authorized by the issue of a warrant to a police officer shall cease to have
effect so far as it relates to the authorization of searches –
(a) for items subject to legal privilege;
(b) for excluded material; or
(c) for special procedure material consisting of
documents or records other than documents.
(3) The
States may by Regulations disapply paragraph (2) to an enactment so far as the enactment
relates to the authorization of searches for material described in either or
both of sub-paragraphs (b) and (c) of that paragraph.
17 Safeguards for
search warrants under any enactment
(1) This
Article and Article 18 have effect in relation to the issue to police officers
under any enactment, including an enactment passed after this Law, of warrants
to enter and search premises, and an entry on or search of premises under a
warrant is unlawful unless the application for and the issue of the warrant
comply with this Article and the execution of the warrant complies with
Article 18.
(2) Where
a police officer applies for a warrant referred to in paragraph (1), the
officer shall state the ground on which the officer makes the application and
the enactment under which the warrant would be issued, specify the premises
which it is desired to enter and search and identify, so far as is practicable,
the articles and persons to be sought.
(3) An
application for that warrant shall be made ex parte and supported by
information on oath.
(4) The
police officer shall answer on oath any question that the person hearing the
application asks the officer.
(5) A
warrant shall authorize an entry on 2 occasions only, the second of which shall
be within 3 days of the first.
(6) A
warrant shall specify the name of the person who applies for it, the date on
which it is issued, the enactment under which it is issued and the premises to
be searched, and shall identify, so far as is practicable, the articles to be
sought.
(7) Two
copies shall be made of a warrant.
(8) The
copies shall be clearly certified as copies.
18 Execution of
search warrants under any enactment
(1) A
warrant to enter and search premises may be executed by any police officer.
(2) The
warrant may authorize persons to accompany any police officer who is executing
it.
(3) The
first entry and search under a warrant shall be within one month from the date
of its issue.
(4) Entry
and search under a warrant shall be at a reasonable hour unless it appears to
the police officer executing it that the purpose of a search may be frustrated
by an entry at a reasonable hour.
(5) Where
the occupier of premises which are to be entered and searched is present at the
time when a police officer seeks to execute a warrant to enter and search them,
the police officer –
(a) shall identify himself or herself to the
occupier and, if not in uniform, shall produce to the occupier documentary
evidence that he or she is a police officer;
(b) shall produce the warrant to the occupier;
and
(c) shall supply the occupier with a copy of it.
(6) Where
the occupier of the premises is not present at the time when a police officer
seeks to execute the warrant but some other person who appears to the police
officer to be in charge of the premises is present, paragraph (5) shall have
effect as if any reference to the occupier were a reference to that other
person.
(7) If
there is no person present who appears to the police officer to be in charge of
the premises, the officer shall on each occasion when the warrant is executed
leave a copy of the warrant in a prominent place on the premises.
(8) A
search under a warrant may only be a search to the extent required for the
purpose for which the warrant was issued.
(9) A
police officer executing a warrant shall make an endorsement on it stating
whether the articles sought were found and whether any articles were seized,
other than articles which were sought.
(10) A
warrant which has been executed for a second time or has not been fully
executed within the time authorized for its execution, shall be returned to the
office of the person issuing it.
(11) A
warrant which is returned under paragraph (10) shall be retained until
whichever is the later of –
(a) the expiry of 12 months from the date of its
return;
(b) a decision not to prefer criminal charges in
support of which articles seized pursuant to the warrant would be produced in
evidence; or
(c) the disposal of any criminal proceedings in
which articles seized pursuant to the warrant are produced as evidence.
(12) For
the purposes of paragraph (11)(c), criminal proceedings are disposed of upon
whichever is the earlier of –
(a) their being discontinued;
(b) the acquittal of the defendant;
(c) the expiry of any time limit for appealing
against conviction, without an appeal having been made; or
(d) the conviction of the defendant, where no
right of appeal lies from the conviction.
(13) If,
during the period for which a warrant is to be retained, the occupier of the
premises to which it relates asks to inspect it, the occupier shall be allowed
to do so.
Entry and search without search warrant
19 Entry for purpose
of arrest etc.
(1) Subject
to this Article, and without prejudice to any other enactment, a police officer
may enter and search any premises –
(a) for the purpose of arresting a person whom
the officer has reasonable cause to suspect has committed an offence, or where
the officer has reasonable cause to suspect that any offence is in progress on
the premises or is about to be or has been committed on the premises;
(b) where the officer has reasonable cause to
suspect that any person is committing, is about to commit or has committed an
offence on the premises; or
(c) for the purpose of saving life or limb or
preventing serious damage to property.
(2) The
States may by Regulations exclude from the application of paragraph (1) an
offence or category of offences.
(3) Except
for the purpose specified in paragraph (1)(b) or (c), the powers of entry and
search conferred by this Article –
(a) are only exercisable if the police officer
has reasonable grounds for believing that the person whom he or she is seeking
is on the premises; and
(b) are limited, in relation to premises
consisting of 2 or more separate dwellings, to powers to enter and
search –
(i) any
parts of the premises which the occupiers of any dwelling comprised in the
premises use in common with the occupiers of any of those dwellings, and
(ii) any
of the dwellings in which the police officer has reasonable grounds for
believing that the person whom he or she is seeking may be.
(4) The
power of search conferred by this Article is only a power to search to the
extent that is reasonably required for the purpose for which the power of entry
is exercised.
20 Entry and search
after arrest
(1) Subject
to this Article, a police officer may enter and search any premises occupied or
controlled by a person who is under arrest for a serious offence or for any
other offence the punishment for which is imprisonment for a term of one year
or more, if the officer has reasonable grounds for suspecting that there is on
the premises evidence, other than items subject to legal privilege, that
relates –
(a) to that offence; or
(b) to some other offence which is connected
with or similar to that offence.
(2) A
police officer may seize and retain anything for which he or she may search
under paragraph (1).
(3) The
power to search conferred by paragraph (1) is only a power to search to the
extent that it is reasonably required for the purpose of discovering that
evidence.
(4) Subject
to paragraph (5), the powers conferred by this Article may not be exercised
unless, in the case of the Force, an officer of at least the rank of inspector,
or in the case of an honorary police officer, a Centenier in respect of
premises in his or her parish, has authorized them in writing.[34]
(5) A
police officer may conduct a search under paragraph (1) before taking the
person to a police station and without obtaining an authorization under
paragraph (4), if the presence of that person at a place other than a police
station is necessary for the effective investigation of the offence.
(6) If
a police officer conducts a search by virtue of paragraph (5), the police
officer shall inform, in the case of the Force, an officer of at least the rank
of inspector or, in the case of an honorary police officer, a Centenier in
respect of premises in his or her parish, that the police officer has made the
search as soon as practicable after he or she has made it.[35]
(7) An
officer of the Force or Centenier who authorizes a search or is informed of a
search under paragraph (6) shall make a record in writing of the grounds for
the search and of the nature of the evidence that was sought.[36]
(8) A
Centenier who authorizes or is informed of a search shall notify the Chief
Officer for record keeping and recording purposes.[37]
(9) If
the person who was in occupation or control of the premises at the time of the
search is in police detention at the time the record is to be made, the officer
shall make the record as part of the person’s custody record.
Seizure
21 General power of
seizure etc.
(1) The
powers conferred by paragraphs (2), (3) and (4) are exercisable by a police
officer who is lawfully on any premises.
(2) The
police officer may seize anything which is on the premises if he or she has
reasonable grounds for believing –
(a) that it has been obtained in consequence of
the commission of an offence; and
(b) that it is necessary to seize it in order to
prevent it being concealed, lost, damaged, altered or destroyed.
(3) The
police officer may seize anything which is on the premises if he or she has
reasonable grounds for believing –
(a) that it is evidence in relation to an
offence which he or she is investigating or any other offence; or
(b) that it is necessary to seize it in order to
prevent the evidence being concealed, lost, altered or destroyed.
(4) The
police officer may require any information which is stored in any electronic
form and is accessible from the premises to be produced in a form in which it
can be taken away and in which it is visible and legible or from which it can
be readily produced in a visible and legible form if the officer has reasonable
grounds for believing –
(a) that it is evidence in relation to an
offence which he or she is investigating or any other offence or it has been
obtained in consequence of the commission of an offence; and
(b) that it is necessary to do so in order to
prevent it being concealed, lost, tampered with or destroyed.
(5) The
powers conferred by this Article are in addition to any power otherwise
conferred.
(6) No
power of seizure conferred on a police officer under any enactment, including
an enactment passed after this Law, is to be taken to authorize the seizure of
items which the police officer exercising the power has reasonable grounds for
believing to be items subject to legal privilege.
22 Extension of
powers of seizure to computerized information
(1) Every
power of seizure which is conferred by an enactment to which this Article
applies on a police officer who has entered premises in the exercise of a power
conferred by an enactment shall be construed as including a power to require
any information stored in any electronic form and accessible from the premises
to be produced in a form in which it can be taken away and in which it is
visible and legible or from which it can be readily produced in a visible and
legible form.
(2) This
Article applies –
(a) to any enactment passed before this Law;
(b) to Articles 15 and 20;
(c) to paragraph 12 of Schedule 2; and
(d) to any enactment passed after this Law.
23 Access and
copying
(1) A
police officer who seizes anything in the exercise of a power conferred by any
enactment, including an enactment passed after this Law, shall, if so requested
by a person showing himself or herself to be the occupier of premises on which
it was seized or to have had custody or control of it immediately before the
seizure, provide that person with a record of what he or she seized.
(2) The
police officer shall provide the record within a reasonable time from the
making of the request for it.
(3) Subject
to paragraph (8), if a request for permission to be granted access to anything
which has been seized by a police officer, and is retained by the Force or the
Honorary Police for the purpose of investigating an offence, is made to the
officer in charge of the investigation by a person who had custody or control
of the thing immediately before it was so seized or by someone acting on behalf
of that person, the officer shall allow the person who made the request access
to it under the supervision of a police officer.
(4) Subject
to paragraph (8), if a request for a photograph or copy of it is made to the
officer in charge of the investigation by a person who had custody or control
of it immediately before it was so seized, or by someone acting on behalf of
that person, the officer shall –
(a) allow the person who made the request access
to it under the supervision of a police officer for the purpose of
photographing or copying it; or
(b) photograph or copy it, or cause it to be
photographed or copied.
(5) A
police officer may also photograph or copy, or have photographed or copied,
anything which he or she has power to seize, without a request being made under
paragraph (4).
(6) Where
anything is photographed or copied under paragraph (4)(b) the photograph
or copy shall be supplied to the person who made the request.
(7) The
photograph or copy shall be so supplied within a reasonable time from the
making of the request.
(8) The
police officer in charge of the investigation for the purposes of which
anything is seized may refuse to grant access to, or to supply a photograph or
copy of it if the officer has reasonable grounds for believing that to do so
would prejudice –
(a) that investigation;
(b) the investigation of an offence other than
the offence for the purposes of investigating which the thing was seized; or
(c) any criminal proceedings which may be
brought as a result of the investigation of which the officer is in charge, or
the investigation mentioned in sub-paragraph (b).
24 Retention
(1) Subject
to paragraph (4), anything which has been lawfully seized or taken away by a
police officer may be retained for so long as is necessary in all the
circumstances.
(2) Without
prejudice to the generality of paragraph (1) –
(a) anything seized for the purposes of a
criminal investigation may be retained, except as provided by paragraph
(4) –
(i) for
use as evidence at a trial for an offence, or
(ii) for
forensic examination or for investigation in connection with an offence;
and
(b) anything may be retained in order to
establish its lawful owner, where there are reasonable grounds for believing
that it has been obtained in consequence of the commission of an offence.
(3) Nothing
seized on the ground that it may be used to cause physical injury to any
person, to damage property, to interfere with evidence or to assist in escape
from police detention or lawful custody, may be retained when the person from
whom it was seized is no longer in police detention or the custody of a court
or is in the custody of a court but has been released on bail.
(4) Nothing
may be retained for either of the purposes mentioned in paragraph (2)(a) if a
photograph or copy would be sufficient for that purpose.
(5) Nothing
in this Article affects the power of a court to make an order with respect to
the disposal of any property in the possession of the police.
25 Powers for a
Jurat to issue a search warrant
(1) Where,
under any of the enactments listed in Schedule 3, power is given to the
Bailiff to issue a search warrant, that power may be exercised by a Jurat
subject to the same conditions imposed on the Bailiff by that enactment.
(2) The
States may, by Regulations, amend Schedule 3.
PART 4
TREATMENT OF PERSONS ON
ARREST
26 Information to be
given on arrest
(1) Subject
to paragraph (5), where a person is arrested, otherwise than by being informed
that he or she is under arrest, the arrest is not lawful unless the person
arrested is informed that he or she is under arrest as soon as is practicable
after his or her arrest.
(2) Where
a person is arrested by a police officer, paragraph (1) applies regardless
of whether the fact of the arrest is obvious.
(3) Subject
to paragraph (5), no arrest is lawful unless the person arrested is informed of
the ground for the arrest at the time of, or as soon as is practicable after,
the arrest.
(4) Where
a person is arrested by a police officer, paragraph (3) applies regardless
of whether the ground for the arrest is obvious.
(5) Nothing
in this Article shall be taken to require a person to be informed that he or
she is under arrest or of the ground for the arrest if it was not reasonably
practicable for the person to be so informed by reason of the person having
escaped from arrest before the information could be given.
27 Voluntary
attendance at police station etc.
Where, for the purpose of assisting
with an investigation, a person attends voluntarily at a police station or at
any other place where a police officer is present or accompanies a police officer
to a police station or that other place without having been
arrested –
(a) the
person shall be entitled to leave at will unless he or she is placed under
arrest;
(b) the
person shall be informed at once that he or she is under arrest if a decision is
taken by a police officer to prevent the person from leaving at will.
28 Arrest elsewhere
than at police station
(1) Subject
to this Article, where a person is –
(a) arrested by a police officer for an offence;
or
(b) taken into custody by a police officer after
being arrested for an offence by a person other than a police officer,
at any place other than a police
station, the person shall be taken to a police station by a police officer as
soon as practicable after the arrest.
(2) Subject
to paragraphs (3) and (4), the police station to which an arrested person is
taken under paragraph (1) shall be a designated police station.
(3) A
police officer may take an arrested person to any police station unless it
appears to the police officer that it may be necessary to keep the arrested
person in police detention for more than 6 hours.
(4) A
police officer may take an arrested person to any police station
if –
(a) either –
(i) the
police officer has arrested the person without the assistance of any other
police officer and no other police officer is available to assist him or her,
or
(ii) the
police officer has taken the person into custody from a person other than a
police officer without the assistance of any other police officer and no other
police officer is available to assist him or her; and
(b) it appears to the police officer that he or
she will be unable to take the arrested person to a designated police station
without the arrested person injuring himself or herself, the police officer or
some other person.
(5) If
the first police station to which an arrested person is taken after his or her
arrest is not a designated police station, the person shall be taken to a
designated police station not more than 6 hours after his or her arrival at the
first police station unless the person is released previously.
(6) A
person arrested by a police officer at a place other than a police station
shall be released if a police officer is satisfied, before the person arrested
reaches a police station, that there are no grounds for keeping the person
under arrest.
(7) A
police officer who releases a person under paragraph (6) shall record the fact
that he or she has done so.
(8) The
police officer shall make the record as soon as is practicable after the
release.
(9) Nothing
in paragraph (1) shall prevent a police officer delaying taking a person who
has been arrested to a police station if the presence of that person elsewhere
is necessary in order to carry out any investigations that it is reasonable to
carry out immediately.
(10) Where
there is delay in taking a person who has been arrested to a police station
after the person’s arrest, the reasons for the delay shall be recorded
when the person first arrives at a police station.
(11) Nothing
in paragraph (1) shall be taken to affect –
(a) paragraph 16(3) or 18(1) of Schedule 2 to
the Immigration Act 1971[38]; or
(b) any provision of the Terrorism (Jersey) Law
2002[39].[40]
(12) Nothing
in paragraph (9) shall be taken to affect paragraph 18(3) of Schedule
2 to the Immigration Act 1971.
(13) Where
a person is arrested outside Jersey on suspicion of an offence committed in
Jersey, the person, notwithstanding anything to the contrary in the Indictable
Offences Act 1848 of the United Kingdom, be dealt with under this Law as if he
or she had been arrested in Jersey.
29 Search upon
arrest
(1) A
police officer may search an arrested person, in any case where the person to
be searched has been arrested at a place other than a police station, if the
police officer has reasonable grounds for believing that the arrested person
may present a danger to himself or herself or others.
(2) Subject
to paragraphs (3) to (5), a police officer shall also have power in that
case –
(a) to search the arrested person for anything
which the person might use to assist him or her to escape from lawful custody
or which might be evidence relating to an offence; and
(b) to enter and search any premises in which
the person was when arrested or immediately before the person was arrested for
evidence relating to the offence for which he or she has been arrested.
(3) The
power to search conferred by paragraph (2) is only a power to search to the
extent that is reasonably required for the purpose of discovering any such
thing or any such evidence.
(4) The
powers conferred by this Article to search a person shall not be construed as
authorizing a police officer to require a person to remove any of his or her
clothing in public other than an outer coat, jacket, gloves or headgear, but
shall authorize a search of a person’s mouth.
(5) A
police officer may not search a person in the exercise of the powers conferred
by paragraph (2)(a) unless the officer has reasonable grounds for believing
that the person to be searched may have concealed on him or her anything for
which a search is permitted under that sub-paragraph.
(6) A
police officer may not search premises in the exercise of the power conferred
by paragraph (2)(b) unless the officer has reasonable grounds for believing
that there is evidence on the premises for which a search is permitted under
that sub-paragraph.
(7) In
so far as the power of search conferred by paragraph (2)(b) relates to
premises consisting of 2 or more separate dwellings, it shall be limited to a
power to search –
(a) any dwelling in which the arrest took place
or in which the person arrested was immediately before his or her arrest; and
(b) any parts of the premises which the occupier
of that dwelling uses in common with the occupiers of any other dwellings
comprised in the premises.
(8) A
police officer searching a person in the exercise of the power conferred by
paragraph (1) may seize and retain anything the officer finds, if the officer
has reasonable grounds for believing that the person searched might use it to
cause physical injury to himself or herself or to any other person.
(9) A
police officer searching a person in the exercise of the powers conferred by
paragraph (2)(a) may seize and retain anything the officer finds, other than
items subject to legal privilege, if the officer has reasonable grounds for
believing –
(a) that that person might use it to assist him
or her to escape from lawful custody; or
(b) that it is evidence of an offence or has
been obtained in consequence of the commission of an offence.
(10) Nothing
in this Article shall be taken to affect the power conferred by Article 39 of
the Terrorism (Jersey) Law 2002[41].[42]
PART 5
BAIL AND DETENTION
Bail
30 Conditions of
bail
(1) Where a person arrested for but not charged
with an offence is released on bail by a Centenier or, pursuant to this Part,
by an officer of the Force, the bail may be subject to a condition only for the
person’s appearance at a police station or parish hall inquiry on a day
and at a time notified to him, unless he previously receives written notice
from the police officer who granted bail that his attendance is not required.[43]
(2)-(6) NOT IN FORCE ON THE REVISION DATE
31 Bail
on arrest
Where, following a person’s
arrest for an offence, it appears to the custody officer[44] that the inquiry into the offence cannot be completed within a
reasonable period he may release that person on bail.
Detention - conditions and
duration
32 NOT IN
FORCE ON THE REVISION DATE
33 Designated police
stations[45]
(1) The
Chief Officer shall designate police stations which, except as provided by
Article 28, shall be the stations to be used for the purpose of detaining
arrested persons.
(2) The
police stations designated under paragraph (1) shall provide enough
accommodation for that purpose.
(3) The
Chief Officer may designate a station which was not previously designated and
may direct that a designation of a station previously made shall cease to
operate.
(4) In
a case of emergency the Chief Officer may designate any place, whether or not
that place is a police station, as a designated police station for a period
specified in the designation and any place so designated shall be a designated
police station for the purposes of this Law.
34-42 NOT IN
FORCE ON THE REVISION DATE
Detention –
miscellaneous
43 NOT IN
FORCE ON THE REVISION DATE
44 Power
of arrest if failure to attend at police station when required to
do so
(1) A
police officer may arrest any person who, having been released on bail under
this Part to attend at a police station or parish hall enquiry, fails to attend
as required.
(2) A
person who is arrested under this Article shall be taken to a designated police
station as soon as practicable after the arrest.
(3) For
the purpose of Article 28, subject to the obligation in paragraph (2), an
arrest under this Article shall be treated as an arrest for an offence.
45 Further
provisions after arrest
(1) Nothing
shall prevent the re-arrest of a person released on bail to attend at a police
station if new evidence justifying a further arrest has come to light since his
release.
(3)-(4) NOT
IN FORCE ON THE REVISION DATE
46-48 NOT IN
FORCE ON THE REVISION DATE
PART 6
QUESTIONING AND TREATMENT OF
PERSONS BY POLICE OFFICERS
49 Fingerprinting of
certain offenders
(1) If
a person has been convicted of a relevant offence, has not at any time been in
police detention for the offence and has not had his or her fingerprints taken
in the course of the investigation of the offence by the police or since the
conviction, any police officer may at any time not later than one month after
the date of the conviction require the person to attend a police station in
order that his or her fingerprints may be taken.
(2) Where
a person convicted of a relevant offence has had his or her fingerprints taken,
either in the course of the investigation by the police or since the conviction
and –
(a) the fingerprints taken do not constitute a
complete set of fingerprints; or
(b) some or all of the fingerprints taken are
not of sufficient quality to allow satisfactory analysis, comparison or
matching,
any police officer may, at any
time not later than one month after the date of the conviction or, if later,
the date on which some or all of the fingerprints are found to be not of such
quality, require the person to attend a police station in order that his or her
fingerprints may be taken again.
(3) A
requirement under paragraph (1) or (2) –
(a) shall give the person a period of at least 7
days within which he or she shall so attend; and
(b) may direct the person to so attend at a
specified time of day or between specified times of day.
(4) Any
police officer may arrest a person who has failed to comply with a requirement
under paragraph (1) or (2).
(5) The
Minister may by Order specify offences that are relevant offences for the
purposes of this Law.
50 Searches of
detained persons
(1) The
custody officer at a police station shall ascertain and record or cause to be
recorded everything which a person has with him or her when he or she
is –
(a) brought to the station after being arrested
elsewhere or after being committed to custody by an order or sentence of a
court; or
(b) arrested at the station or detained there,
as a person falling within Article 32(6), under Article 35.
(2) In
the case of an arrested person the record shall be made as part of his or her
custody record.
(3) Subject
to paragraph (4), a custody officer may seize and retain that thing or cause
that thing to be seized and retained.
(4) Clothes
and personal effects may only be seized if the custody officer –
(a) believes that the person from whom they are
seized may use them –
(i) to
cause physical injury to himself or herself or any other person,
(ii) to
damage property,
(iii) to
interfere with evidence, or
(iv) to
assist the person to escape;
or
(b) has reasonable grounds for believing that
they may be evidence relating to an offence.
(5) Where
anything is seized, the person from whom it is seized shall be told the reason
for the seizure unless the person is –
(a) violent or likely to become violent; or
(b) incapable of understanding what is said to
him or her.
(6) Subject
to paragraph (10), a person may be searched if the custody officer
considers it necessary to enable the officer to comply with paragraph (1)
and to the extent that the custody officer considers necessary for that
purpose.
(7) Subject
to paragraph (10), a person who is in custody at a police station or is in
police detention otherwise than at a police station may at any time be searched
in order to ascertain whether the person has with him or her anything which the
person could use for the purposes specified in paragraph (4)(a).
(8) Subject
to paragraph (9), a police officer may seize and retain, or cause to be
seized and retained, anything found in that search.
(9) A
police officer may only seize clothes and personal effects in the circumstances
specified in paragraph (4).
(10) An
intimate search may not be conducted under this Article.
(11) A
search under this Article shall be carried out by a police officer.[46]
(12) The
police officer carrying out a search shall be of the same sex as the person
searched.[47]
51 Intimate searches
(1) Subject
to this Article, an officer of the Force of at least the rank of inspector may
authorize an intimate search of a person who has been arrested and is in police
detention if the officer has reasonable grounds for believing –
(a) that that person may have concealed on him
or her anything which the person could use to cause physical injury to himself
or herself or others and which the person might so use while he or she is in
police detention or in the custody of a court; or
(b) that that person may have concealed on him
or her a controlled drug, as defined in Article 3(1)(a) of the Misuse of Drugs (Jersey) Law 1978[48], and was in possession of it with the appropriate criminal intent
before his or her arrest.
(2) An
officer may not authorize an intimate search of a person for anything unless
the officer has reasonable grounds for believing that it cannot be found
without that person being intimately searched.
(3) An
officer may give an authorization under paragraph (1) orally or in writing
but, if the officer gives it orally, the officer shall confirm it in writing as
soon as is practicable.
(4) An
intimate search which is only a drug offence search shall be by way of
examination by a registered medical practitioner.
(5) Except
as provided by paragraph (4), an intimate search shall be by way of
examination by a registered medical practitioner unless an officer of the Force
of at least the rank of inspector considers that this is not practicable.
(6) An
intimate search which is not carried out as mentioned in paragraph (5) shall be
carried out by an officer of the Force.
(7) An
officer of the Force may not carry out an intimate search of a person of the
opposite sex.
(8) No
intimate search may be carried out except –
(a) at a police station;
(b) at a hospital;
(c) at a registered medical practitioner’s
surgery; or
(d) at some other place used for medical
purposes.
(9) An
intimate search which is only a drug offence search may not be carried out at a
police station.
(10) If
an intimate search of a person is carried out, the custody record relating to
the person shall state which parts of the person’s body were searched and
why they were searched.
(11) The
information required to be recorded by paragraph (10) shall be recorded as
soon as practicable after the completion of the search.
(12) The
custody officer at a police station may seize and retain anything which is
found on an intimate search of a person, or cause it to be seized and
retained –
(a) if the officer believes that the person from
whom it is seized may use it –
(i) to
cause physical injury to himself or herself or any other person,
(ii) to
damage property,
(iii) to
interfere with evidence, or
(iv) to
assist him or her to escape;
or
(b) if the officer has reasonable grounds for
believing that it may be evidence relating to an offence.
(13) Where
anything is seized under this Article, the person from whom it is seized shall
be told the reason for the seizure unless the person is –
(a) violent or likely to become violent; or
(b) incapable of understanding what is said to
him or her.
(14) Every
annual report made by the Chief Officer shall contain information about
searches under this Article which have been carried out during the period to
which it relates.
(15) The
information about those searches shall include –
(a) the total number of searches;
(b) the number of searches conducted by way of
examination by a registered medical practitioner;
(c) the number of searches not so conducted but
conducted in the presence of that person; and
(d) the result of the searches carried out.
(16) The
information shall also include, as separate items, the total number of drug
offence searches and the result of those searches.
(17) In
this Article –
“the
appropriate criminal intent” means an
intent to commit an offence under –
(a) Article 8(2) of the Misuse of Drugs (Jersey) Law 1978[49]; or
(b) Article 61 of the Customs and Excise (Jersey) Law 1999[50];
“drug
offence search” means an intimate search
for a controlled drug which an officer has authorized by virtue of paragraph
(1)(b).
52 Right to have
someone informed when arrested
(1) Where
a person has been arrested and is being held in custody in a police station or
on other premises, the person shall be entitled, if he or she so requests, to
have one friend or relative or other person who is known to the person or who
is likely to take an interest in the person’s welfare told, as soon as is
practicable except to the extent that delay is permitted by this Article, that
the person has been arrested and is being detained there.
(2) Delay
is only permitted in the case of a person who is in police detention for a
serious offence and if an officer of the Force of at least the rank of
inspector authorizes it.
(3) In
any case the person in custody shall be permitted to exercise the right
conferred by paragraph (1) within 36 hours from the relevant time.
(4) An
officer may give an authorization under paragraph (2) orally or in writing
but, if the officer gives it orally, the officer shall confirm it in writing as
soon as is practicable.
(5) Subject
to paragraph (6), an officer may only authorize delay where the officer
has reasonable grounds for believing that telling the named person of the
arrest –
(a) will lead to interference with or harm to
evidence connected with a serious offence or interference with or physical
injury to other persons;
(b) will lead to the alerting of other persons
suspected of having committed that offence but not yet arrested for it; or
(c) will hinder the recovery of any property
obtained as a result of that offence.
(6) An
officer may also authorize delay where the serious offence is a money
laundering offence and the officer has reasonable grounds for
believing –
(a) that the detained person has benefited from
the offence; and
(b) that telling the named person of the arrest
will hinder the recovery of the value of the property obtained, or of the
pecuniary advantage derived, by the detained person from or in connection with
the offence.[51]
(7) If
a delay is authorized the detained person shall be told the reason for it and
the reason shall be noted on the person’s custody record.
(8) The
duties imposed by paragraph (7) shall be performed as soon as is practicable.
(9) The
rights conferred by this Article on a person detained at a police station or
other premises are exercisable whenever the person is transferred from one
place to another, and this Article applies to each subsequent occasion on which
they are exercisable as it applies to the first occasion.
(10) There
shall be no further delay in permitting the exercise of the right conferred by
paragraph (1) once the reason for authorizing delay ceases to subsist.
(11) Nothing
in this Article shall apply to a person detained under the terrorism
provisions.[52]
(12) [53]
53 Additional rights
of persons not of full age who are arrested
(1) Where
a person not of full age is in police detention, any steps which are
practicable shall be taken to ascertain the identity of a person responsible
for his or her welfare.
(2) Where
the identity of a person responsible for the welfare of the person detained can
be ascertained the person responsible shall be informed, as soon as
practicable –
(a) that the person has been arrested;
(b) why the person has been arrested; and
(c) where the person is being detained.
(3) For
the purposes of this Article the persons who may be responsible for the welfare
of a person not of full age are –
(a) his or her parent or guardian; or
(b) any other person who has for the time being
assumed responsibility for his or her welfare.
(4) If
it appears that at the time of the person’s arrest a supervision order or
interim supervision order made under the Children (Jersey) Law 2002[54] is in force in respect of the person, the person responsible for
his or her supervision shall also be informed as described in
paragraph (2) as soon as it is reasonably practicable to do so.
(5) The
rights conferred on a person not of full age by paragraphs (2) to (4) are in
addition to his or her rights under Article 52.
(6) The
reference in paragraph (1) to a person not of full age who is in police
detention includes a reference to a like person who has been detained under the
terrorism provisions, and in paragraph (2) any reference to arrest
includes that detention.
54 Access to legal
advice
(1) A
person arrested and held in custody in a police station or other premises shall
be afforded facilities, if the person so requests, to consult a legal representative
in private at any time, by telephone, in writing or in person.
(2) Subject
to paragraph (3), a request under paragraph (1) and the time at which it was
made shall be recorded in the custody record.
(3) That
request need not be recorded in the custody record of a person who makes it at
a time while the person is at a court after being charged with an offence.
(4) If
a person makes that request, the person shall be afforded the facilities to
consult a legal representative as soon as is practicable except to the extent
that delay is permitted by this Article.
(5) In
any case the person shall be afforded the facilities to consult a legal
representative within 36 hours from the relevant time.
(6) Delay
in compliance with a request is only permitted in the case of a person who is
in police detention for a serious offence and if an officer of the Force of at
least the rank of chief inspector authorizes it.
(7) An
officer may give an authorization under paragraph (6) orally or in writing
but, if the officer gives it orally, the officer shall confirm it in writing as
soon as is practicable.
(8) Subject
to paragraph (9), an officer may only authorize delay where the officer
has reasonable grounds for believing that the exercise of the right conferred
by paragraph (1) at the time when the person detained desires to exercise
it –
(a) will lead to interference with or harm to
evidence connected with a serious offence or interference with or physical
injury to other persons;
(b) will lead to the alerting of other persons
suspected of having committed that offence but not yet arrested for it; or
(c) will hinder the recovery of any property
obtained as a result of that offence.
(9) An
officer may also authorize delay where the serious offence is a money
laundering offence and the officer has reasonable grounds for
believing –
(a) that the detained person has benefited from
the offence; and
(b) that telling the named person of the arrest
will hinder the recovery of the value of the property obtained, or of the
pecuniary advantage derived, by the detained person from or in connection with
the offence.[55]
(10) If
delay is authorized the detained person shall be told the reason for it and the
reason shall be noted on the person’s custody record.
(11) The
duties imposed by paragraph (10) shall be performed as soon as is
practicable.
(12) There
shall be no further delay in permitting the exercise of the right conferred by
paragraph (1) once the reason for authorizing delay ceases to subsist.
(13) Nothing
in this Article shall apply to a person detained under the terrorism
provisions.[56]
(14) [57]
(15) [58]
(16) [59]
(17) [60]
55 Fingerprinting
(1) Except
as provided by this Article no person’s fingerprints shall be taken
without the appropriate consent.
(2) Consent
to the taking of a person’s fingerprints shall be in writing if it is
given at a time when the person is at a police station.
(3) The
fingerprints of a person detained at a police station may be taken without the
appropriate consent –
(a) if an officer of the Force of at least the
rank of inspector authorizes them to be taken; or
(b) if the person has been charged with a
relevant offence or informed that he or she may be prosecuted for such an
offence and the person has not had his or her fingerprints taken in the course
of the investigation of the offence by the police.
(4) Where
a person detained at a police station and charged with a relevant offence or
informed that he or she will be prosecuted for such an offence has had his or
her fingerprints taken in the course of the investigation of the offence by the
police, the person’s fingerprints may be taken again, without the
appropriate consent, if –
(a) the fingerprints taken on the previous
occasion do not constitute a complete set of his or her fingerprints; or
(b) some or all of the fingerprints taken on the
previous occasion are not of sufficient quality to allow satisfactory analysis,
comparison or matching (whether in the case in question or generally).
(5) An
officer may only give an authorization under paragraph (3)(a) if the officer
has reasonable grounds –
(a) for suspecting the involvement of the person
whose fingerprints are to be taken in a criminal offence; and
(b) for believing that the person’s
fingerprints will tend to confirm or disprove such involvement.
(6) The
fingerprints of a person who has answered to bail at a court or police station
may be taken, without the appropriate consent, at the court or police station
if the court or an officer of the Force of at least the rank of inspector
authorizes them to be taken.
(7) A
court or officer may only give an authorization under paragraph (6)
if –
(a) the person who has answered to bail has
answered to it for a person whose fingerprints were taken on a previous
occasion and there are reasonable grounds for believing that the person who has
answered to bail is a different person from the person whose fingerprints were
taken previously; or
(b) the person who has answered to bail claims
to be a different person from a person whose fingerprints were taken on a
previous occasion.
(8) An
officer may give an authorization under paragraph (3)(a) or (6) orally or
in writing but, if the officer gives it orally, the officer shall confirm it in
writing as soon as is practicable.
(9) Any
person’s fingerprints may be taken without the appropriate consent if the
person has been convicted of a relevant offence.
(10) In
a case where by virtue of paragraph (3), (4), (6) or (9) a person’s
fingerprints are taken without the appropriate consent –
(a) the person shall be told the reason before
his or her fingerprints are taken; and
(b) the reason shall be recorded as soon as is
practicable after the fingerprints are taken.
(11) If
a person’s fingerprints are taken at a police station, whether with or
without the appropriate consent –
(a) before the fingerprints are taken, an
officer shall inform the person that they may be the subject of a speculative
search; and
(b) the fact that the person has been informed
of this possibility shall be recorded as soon as is practicable after the
fingerprints have been taken.
(12) If
a person is detained at a police station when the fingerprints are taken, the
reason for taking them, and in the case falling within paragraph (11), the
fact referred to in sub-paragraph (b) of that paragraph shall be recorded
on the person’s custody record.
(13) Where
a person’s fingerprints are taken electronically they shall be taken only
in such manner and using such devices as the Minister has approved for the
purposes of electronic fingerprinting.
(14) Nothing
in this Article –
(a) affects any power conferred by
paragraph 18(2) of Schedule 2 to the Immigration Act 1971;
(b) applies to a person arrested or detained
under the terrorism provisions; or
(c) applies to a person who is arrested under an
extradition arrest warrant.[61]
56 Intimate samples
(1) Subject
to Article 59, an intimate sample may be taken from a person in police
detention, or who is being held in police custody on the authority of a court,
only if an officer of the Force of at least the rank of inspector authorizes it
to be taken and the appropriate consent is given.
(2) An
intimate sample may be taken from a person who is not in police detention but
from whom, in the course of the investigation of an offence, 2 or more
non-intimate samples suitable for the same means of analysis have been taken
which have proved insufficient if an officer of the Force of at least the rank
of inspector authorizes it to be taken and the appropriate consent is given.
(3) An
officer may only give an authorization under paragraph (1) or (2) if the
officer has reasonable grounds –
(a) for suspecting the involvement of the person
from whom the sample is to be taken in a relevant offence; and
(b) for believing that the sample will tend to
confirm or disprove the person’s involvement.
(4) An
officer may give an authorization under paragraph (1) or (2) orally or in
writing but, if the officer gives it orally, the officer shall confirm it in
writing as soon as is practicable.
(5) The
appropriate consent shall be given in writing.
(6) Where
an authorization has been given and it is proposed that an intimate sample
shall be taken in pursuance of the authorization, an officer shall inform the
person from whom the sample is to be taken of the giving of the authorization
and of the grounds for giving it.
(7) The
grounds referred to in paragraph (6) include the nature of the offence in which
it is suspected that the person from whom the sample is to be taken has been
involved.
(8) If
an intimate sample is taken from a person the authorization by virtue of which
it was taken, the grounds for giving the authorization and the fact that the
appropriate consent was given, shall be recorded as soon as is practicable
after the sample is taken.
(9) If
an intimate sample is taken from a person at a police station –
(a) before the sample is taken, an officer shall
inform the person that it may be the subject of a speculative search; and
(b) the fact that the person has been informed
of this possibility shall be recorded as soon as practicable after the sample
has been taken.
(10) If
an intimate sample is taken from a person detained at a police station, the
matters required to be recorded by paragraph (8) or (9) shall be recorded in
the person’s custody record.
(11) An
intimate sample, other than a sample of urine or a dental impression, may only
be taken from a person by a registered medical practitioner or a registered
nurse and a dental impression may only be taken by a dentist.[62]
(12) Where
the appropriate consent to the taking of an intimate sample from a person was
refused without good cause, in any proceedings against that person for an
offence a court, in determining whether there is a case to answer and a court
or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper.
(13) Nothing
in this Article affects Articles 28 to 32 of the Road Traffic (Jersey) Law 1956[63].
(14) Nothing
in this Article applies to a person arrested or detained under the terrorism
provisions and paragraph (2) shall not apply where the non-intimate samples
mentioned in that paragraph where taken under paragraph 11 of Schedule 9 to the
Terrorism (Jersey) Law 2002[64].[65]
57 Other samples
(1) Except
as provided by this Article a non-intimate sample may not be taken from a person
without the appropriate consent.
(2) Consent
to the taking of a non-intimate sample shall be given in writing.
(3) A
non-intimate sample may be taken from a person without the appropriate consent
if –
(a) the person is in police detention or is
being held in custody by the police on the authority of a court; and
(b) an officer of the Force of at least the rank
of inspector authorizes it to be taken without the appropriate consent.
(4) A
non-intimate sample may be taken from a person, whether or not the person falls
within paragraph (3)(a), without the appropriate consent if –
(a) the person has been charged with a relevant
offence or informed that he or she may be prosecuted for that offence; and
(b) either the person has not had a non-intimate
sample taken from him or her in the course of the investigation of the offence
by the police or the person has had a non-intimate sample taken from him or her
but either it was not suitable for the same means of analysis or, though so
suitable, the sample proved insufficient.
(5) A
non-intimate sample may be taken from a person without the appropriate consent
if the person has been convicted of a relevant offence.
(6) An
officer may only give an authorization under paragraph (3) if the officer
has reasonable grounds –
(a) for suspecting the involvement of the person
from whom the sample is to be taken in a relevant offence; and
(b) for believing that the sample will tend to
confirm or disprove the person’s involvement.
(7) An
officer may give an authorization under paragraph (3) orally or in writing
but, if the officer gives it orally, the officer shall confirm it in writing as
soon as is practicable.
(8) An
officer shall not give an authorization under paragraph (3) for the taking
from any person of a non-intimate sample consisting of a skin impression
if –
(a) a skin impression of the same part of the
body has already been taken from that person in the course of the investigation
of the offence; and
(b) the impression previously taken is not one
that has proved insufficient.
(9) Where
an authorization has been given and it is proposed that a non-intimate sample
shall be taken in pursuance of the authorization, an officer shall inform the
person from whom the sample is to be taken of the giving of the authorization
and of the grounds for giving it.
(10) The
grounds referred to in paragraph (9) include the nature of the offence in
which it is suspected that the person from whom the sample is to be taken has
been involved.
(11) If
a non-intimate sample is taken from a person by virtue of paragraph (3)
the authorization by virtue of which it was taken and the grounds for giving
the authorization, shall be recorded as soon as is practicable after the sample
is taken.
(12) In
a case where by virtue of paragraph (4) or (5) a sample is taken from a person
without the appropriate consent the person shall be told the reason before the
sample is taken and the reason shall be recorded as soon as practicable after
the sample is taken.
(13) If
a non-intimate sample is taken from a person at a police station, whether with
or without the appropriate consent –
(a) before the sample is taken, a police officer
shall inform the person that it may be the subject of a speculative search; and
(b) the fact that the person has been informed
of this possibility shall be recorded as soon as practicable after the sample
has been taken.
(14) If
a non-intimate sample is taken from a person detained at a police station, the
matters required to be recorded by paragraph (11), (12) or (13) shall be recorded
in the person’s custody record.
(15) Where
a non-intimate sample consisting of a skin impression is taken electronically
from a person, it must be taken only in such manner, and using such devices, as
the Minister has approved for the purpose of the electronic taking of such an
impression.
(16) Paragraph (5)
shall not apply to persons convicted before this Article comes into force.
(17) Nothing
in this Article applies to a person arrested or detained under the terrorism
provisions.[66]
(18) Nothing
in this Article applies to a person who is arrested under an extradition arrest
warrant.[67]
58 Fingerprints and
samples - supplementary provisions
(1) Fingerprints
or samples or the information derived from samples taken under any power
conferred by this Part from a person who has been arrested on suspicion of
being involved in a relevant offence or has been charged with or informed that
he or she will be prosecuted for such an offence may be checked against other
fingerprints or samples or the information derived from other
samples –
(a) held in connection with or as a result of an
investigation of an offence;
(b) contained in records held by or on behalf of
the Force;
(c) contained in any similar records held by a
police force elsewhere in the British Islands or in Northern Ireland; or
(d) contained in any similar records held by any
other police force or authority, body or person specified pursuant to paragraph
(2).
(2) The
Minister may by Order specify, for the purposes of
paragraph (1)(d) –
(a) any police force of a country or territory
outside the British Islands and Northern Ireland;
(b) any person or public authority in the
British Islands or Northern Ireland having functions which consist of or
include the provision of criminal intelligence, the prevention and detection of
serious crime, the investigation of crimes and the charging of offences;
(c) any person or public authority of a country
or territory outside the British Islands and Northern Ireland whose functions
correspond to those of a police force or otherwise consist of or include the
investigation of conduct contrary to the law of that country or territory, or
the apprehension of persons guilty of such conduct;
(d) any person with functions under any
international agreement which consist of or include –
(i) the
investigation of conduct which is unlawful under the law of one or more places,
prohibited by such an agreement or contrary to international law, or
(ii) the
apprehension of persons guilty of such conduct.
(3) Where –
(a) fingerprints or samples have been taken from
any person in connection with the investigation of an offence but otherwise
than in circumstances to which paragraph (1) applies; and
(b) that person has given his or her written
consent to the use, in a speculative search, of the fingerprints or of the
samples and of information derived from them,
the fingerprints or, as the case
may be, those samples and that information may be checked against any of the
fingerprints, samples or information mentioned in that paragraph.
(4) A
consent given for the purposes of paragraph (3) cannot be withdrawn.
(5) Where
a sample of hair other than pubic hair is to be taken the sample may be taken
either by cutting hairs or by plucking hairs with their roots so long as no
more are plucked than the person taking the sample reasonably considers to be
necessary for a sufficient sample.
(6) Where
any power to take a sample is exercisable in relation to a person the sample
may be taken in a prison or other institution to which the Prison (Jersey) Law
1957[68] applies.
(7) Any
police officer may, within the allowed period, require a person who is neither
in police detention nor held in custody by the police on the authority of a
court to attend a police station in order to have a sample taken
where –
(a) the person has been charged with a relevant
offence or informed that he or she will be prosecuted for that offence and
either –
(i) the
person has not had a sample taken from him or her in the course of the
investigation of the offence by the Force or the Honorary Police, or
(ii) the
person has had a sample so taken from him or her but either it was not suitable
for the same means of analysis or, though so suitable, the sample proved
insufficient; or
(b) the person has been convicted of a relevant
offence and either –
(i) the
person has not had a sample taken from him or her since the conviction, or
(ii) the
person has had a sample taken from him or her, before or after his or her
conviction, but either it was not suitable for the same means of analysis or,
though so suitable, the sample proved insufficient.
(8) The
period allowed for requiring a person to attend a police station for the
purpose specified in paragraph (7) is –
(a) for a person falling within sub-paragraph
(a) –
(i) in
the case described in sub-paragraph (a)(i), one month beginning with the date
of the charge, or
(ii) in
the case described in sub-paragraph (a)(ii), the date on which the appropriate
officer is informed of the fact that the sample is not suitable for the same
means of analysis or has proved insufficient;
(b) for a person falling within sub-paragraph
(b) –
(i) in
the case described in sub-paragraph (b)(i), one month beginning with the
date of the conviction, or
(ii) in
the case described in sub-paragraph (b)(ii), the date on which the
appropriate officer is informed of the fact that the sample is not suitable for
the same means of analysis or has proved insufficient.
(9) A
requirement under paragraph (7) shall give the person at least 7 days
within which the person shall so attend and may direct the person to attend at
a specified time of day or between specified times of day.
(10) Any
police officer may arrest a person who has failed to comply with a requirement
under paragraph (7).
(11) In
this Article “the appropriate officer” is –
(a) in the case of a person falling within
paragraph (7)(a), the officer investigating the offence with which that
person has been charged or as to which the person was informed that he or she
would be prosecuted;
(b) in the case of a person falling within
paragraph (7)(b), the officer in charge of the police station from which
the investigation of the offence of which the person was convicted was
conducted.
59 Testing for
presence of Class A drugs
(1) Without
prejudice to the generality of Articles 56 and 57, a sample of urine or a
non-intimate sample may be taken from a person of full age in police detention,
for the purpose of ascertaining whether the person has any specified Class A
drug in his body, if an officer of the Force has asked the person to give a
sample and -
(a) the person has been charged
with –
(i) larceny,
including robbery,
(ii) breaking
and entering or illegal entry,
(iii) any
offence under Article 53 of the Road Traffic (Jersey) Law 1956[69]; or
(iv) any
offence under Article 5 or 8(1) or (2) of the Misuse of Drugs (Jersey) Law
1978[70] or under Article 33 or 61(2) of the Customs and Excise
(Jersey) Law 1999[71], if committed in respect of a specified Class A drug;
or
(b) the person has been charged with any
offence, and an officer of the Force of at least the rank of inspector, who has
reasonable grounds for suspecting that the misuse by that person of any
specified Class A drug caused or contributed to the offence, has authorized the
sample to be taken.
(2) Before
asking the person to give a sample, an officer of the Force must –
(a) warn the person that if, when so asked, he
or she fails without good cause to give the sample, the person may be liable to
prosecution; and
(b) in a case within paragraph (1)(b),
inform the person that the authorization has been given and of the grounds for
it.
(3) A
sample may be taken under this Article only by a specified person.
(4) Information
obtained from a sample taken under this Article may be disclosed –
(a) for the purpose of informing any decision
about granting bail in criminal proceedings to the person concerned;
(b) where the person concerned is in police
detention or remanded in or committed to custody by an order of court or
pursuant to a warrant issued under Article 13 of the Loi (1864) réglant la procédure
criminelle[72] or has been granted such bail, for the purpose of informing any
decision about his or her supervision;
(c) where the person concerned is convicted of
an offence, for the purpose of informing any decision about the appropriate
sentence to be passed by a court and any decision about his or her supervision
or release;
(d) for the purpose of ensuring that appropriate
advice and treatment is made available to the person concerned.
(5) An
officer may give an authorization under paragraph (1)(b) orally or in
writing but, if the officer gives it orally, the officer shall confirm it in
writing as soon as is practicable.
(6) If
a sample is taken pursuant to an authorization under paragraph (1)(b), the
authorization and the grounds for the suspicion shall be recorded as soon as is
practicable after the sample is taken.
(7) If
the sample is taken from a person detained at a police station, the matters
required to be recorded by paragraph (6) shall be recorded in the
person’s custody record.
(8) Nothing
in this Article shall affect Articles 28 to 32 of the Road Traffic (Jersey) Law
1956[73].
(9) Nothing
in this Article applies to a person arrested or detained under the terrorism
provisions.[74]
(10) A
person who fails without good cause to give any sample which may be taken from
the person under this Article shall be guilty of an offence and liable to
imprisonment for a term of 3 months and to a fine of level 3 on the standard scale.
(11) The
Minister may by Order –
(a) specify Class A drugs for the purposes of
paragraph (1);
(b) amend paragraph (1)(a) so as to add, modify
or omit any description of offence and so as to extend it to persons who have
been arrested for, but not charged with, the offences in question;
(c) specify persons for the purposes of
paragraph (3).
60 Retention, use
and destruction of fingerprints and samples
(1) Where –
(a) fingerprints or samples are taken from a
person in connection with the investigation of an offence; and
(b) paragraph (3) does not require them to be
destroyed,
the fingerprints or samples may
be retained after they have fulfilled the purposes for which they were taken
but shall not be used by any person except for purposes related to the
prevention or detection of crime, the investigation of an offence or the conduct
of a prosecution.
(2) In
paragraph (1) –
(a) the reference to using a fingerprint
includes a reference to allowing any check to be made against it under
paragraph (1) or (3) of Article 58 and to disclosing it to any person;
(b) the reference to using a sample includes a
reference to allowing any check to be made under paragraph (1) or (3) of
Article 58 against it or against information derived from it and to disclosing
it or any such information to any person;
(c) the reference to a crime includes a reference
to any conduct which –
(i) constitutes
one or more criminal offences under the law of Jersey or of any country or
territory outside Jersey, or
(ii) is,
or corresponds to, any conduct which, if it all took place in Jersey, would
constitute one or more criminal offences; and
(d) the references to an investigation and to a
prosecution include references, respectively, to any investigation outside
Jersey of any crime or suspected crime and to a prosecution brought in respect
of any crime in a country or territory outside Jersey.
(3) If
fingerprints or samples are taken from a person in connection with the
investigation of an offence and that person is not suspected of having
committed the offence, they shall, except as provided in this Article, be destroyed
as soon as they have fulfilled the purpose for which they were taken.
(4) Samples
and fingerprints are not required to be destroyed under paragraph (3)
if –
(a) they were taken for the purposes of the
investigation of an offence of which a person has been convicted; and
(b) a sample or, as the case may be, fingerprint
was also taken from the convicted person for the purposes of that
investigation.
(5) Subject
to paragraph (6), where a person is entitled under paragraph (3) to the
destruction of any fingerprint or sample taken from the person (or would be but
for paragraph (4)), neither the fingerprint nor the sample, nor any information
derived from the sample, shall be used –
(a) in evidence against the person who is or
would be entitled to the destruction of that fingerprint or sample; or
(b) for the purposes of the investigation of any
offence,
and paragraph (2) applies for the
purposes of this paragraph as it applies for the purposes of paragraph (1).
(6) Where
a person from whom a fingerprint or sample has been taken consents in writing
to its retention –
(a) that sample need not be destroyed under
paragraph (3);
(b) paragraph (5) shall not restrict the use
that may be made of the fingerprint or sample or, in the case of a sample, of
any information derived from it; and
(c) that consent –
(i) shall
be treated as comprising a consent for the purposes of Article 58(3), and
(ii) cannot
be withdrawn.
(7) For
the purposes of paragraph (6), it shall be immaterial whether the consent is
given at, before or after the time when the entitlement to the destruction of
the fingerprint or sample arises.
(8) If
fingerprints are destroyed –
(a) any copies of the fingerprints shall also be
destroyed; and
(b) any police officer controlling access to
computer data relating to the fingerprints shall make access to the data
impossible, as soon as it is practicable to do so.
(9) A
person who asks to be allowed to witness the destruction of his or her
fingerprints or copies of them shall have a right to witness it.
(10) If
paragraph (8)(b) falls to be complied with and the person to whose fingerprints
the data relates asks for a certificate that it has been complied with, that
certificate shall be issued to the person, not later than the end of the period
of 3 months beginning with the day on which the person asks for it, by the
Chief Officer or a person authorized by the Chief Officer or on his or her
behalf for the purposes of this Article.
(11) Nothing
in this Article –
(a) affects any power conferred by
paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or
(b) applies to a person arrested or detained
under the terrorism provisions.
(12) For
the purposes of this Article, a person who is cautioned or fined for any
offence following a parish hall enquiry shall not be regarded as having been
cleared of that offence, and any fingerprints or samples taken from that person
in pursuance of the investigation of that offence need not be destroyed.
PART 7
CODES OF PRACTICE - GENERAL
61 Codes of practice
(1) The
Minister shall bring into operation, in accordance with Article 62, codes of
practice –
(a) in connection with –
(i) the
exercise by police officers of statutory powers to search a person without
first arresting the person or to search a vehicle without making an arrest,
(ii) the
detention, treatment, questioning and identification of persons by police
officers,
(iii) searches
of premises by police officers,
(iv) the
seizure of property found by police officers on persons or premises, and
(v) the
exercise by police officers of powers under Article 59;
(b) requiring the recording, by any electronic
means, of interviews of persons suspected of the commission of criminal
offences, or of specified descriptions of criminal offences, which are held by
police officers at police stations or specified descriptions of police
stations.
(2) The
Minister may bring into operation, in accordance with Article 62, a code of
practice specifying matters of which an officer of the Force must be satisfied
and matters to which an officer of the Force must have regard in order to
determine, for the purposes of the grounds for detention, that there is
sufficient evidence to charge a person.
62 Codes of practice
- supplementary
(1) When
the Minister proposes to bring into operation a code of practice, the Minister
shall prepare and publish a draft of that code, shall consider any
representations made to the Minister about the draft and may modify the draft
accordingly.
(2) After
the Minister has complied with paragraph (1), the Minister may bring the code
into operation by Order.
(3) An
Order bringing a code of practice into operation may contain any transitional
provisions or savings that appear to the Minister to be necessary or expedient
in connection with the code of practice thereby brought into operation.
(4) The
Minister may from time to time revise the whole or any part of a code of
practice and bring into operation that revised code, and this Article shall
apply, with appropriate modifications, to that revised code as it applies to
the first code brought into operation.
(5) Persons
other than police officers responsible for investigating offences or charging
offenders shall, when so doing, have regard to any relevant provision of a
code.
(6) A
failure on the part of a police officer to comply with any provision of a code
or of any person other than a police officer responsible for investigating
offences or charging offenders to have regard to any relevant provision of a
code, shall not of itself render the officer liable to any criminal or civil
proceedings.
(7) A
code shall be admissible in evidence in all criminal proceedings, and if any
provision of a code appears to the court or tribunal conducting the proceedings
to be relevant to any question arising in the proceedings it shall be taken into
account in determining that question.
(8) In
this Article any reference to criminal proceedings includes –
(a) proceedings in Jersey or elsewhere before a
court-martial constituted under the Army Act 1955, or the Air Force Act 1955 or
the Naval Discipline Act 1957 or a disciplinary court constituted under section
50 of the said Act of 1957 as those Acts of the United Kingdom are respectively
applied to Jersey by the Army Act 1955
(Jersey) Order 1996, the Air Force
Act 1955 (Jersey) Order 1996 and the Naval Discipline Act 1957 (Jersey) Order 1996;
(b) proceedings before the Courts-Martial Appeal
Court; and
(c) proceedings before a Standing Civilian
Court, that is the Court established by section 6 of and Schedule 3 to the
Armed Forces Act 1976 of the United Kingdom.
PART 8
DOCUMENTARY EVIDENCE IN
CRIMINAL PROCEEDINGS
63 Interpretation
of Part 8
In this Part –
“copy”, in relation
to a document, means anything onto which information recorded in the document
has been copied, by whatever means and whether directly or indirectly;
“statement” means any
representation of fact or opinion however made.
64 First-hand
hearsay
(1) Subject
to paragraph (4), a statement made by a person in a document shall be
admissible in criminal proceedings as evidence of any fact of which direct oral
evidence by the person would be admissible if –
(a) the requirements of one of the sub-paragraphs
of paragraph (2) are satisfied; or
(b) the requirements of paragraph (3) are
satisfied.
(2) The
requirements mentioned in paragraph (1)(a) are –
(a) that the person who made the statement is
dead or, by reason of the person’s bodily or mental condition, unfit to
attend as a witness;
(b) that the person who made the statement is
outside Jersey and it is not reasonably practicable to secure the
person’s attendance; or
(c) that all reasonable steps have been taken to
find the person who made the statement, but that the person cannot be found.
(3) The
requirements mentioned in paragraph (1)(b) are –
(a) that the statement was made to a police officer
or some other person responsible for investigating offences or to a person
authorized by the Attorney General to take a statement; and
(b) that the person who made it does not give
oral evidence through fear or because the person is kept out of the way.
(4) Paragraph
(1) shall not render admissible a confession made by an accused person that
would not be admissible under Article 74.
65 Business
etc. documents
(1) Subject
to paragraphs (3) and (4) a statement in a document shall be admissible in
criminal proceedings as evidence of any fact of which oral evidence would be
admissible if the following conditions are satisfied –
(a) the document was created or received by a
person in the course of a trade, business, profession or other occupation, or
as the holder of a paid or unpaid office; and
(b) the information contained in the document
was supplied by a person, whether or not the maker of the statement, who had,
or may reasonably be supposed to have had, personal knowledge of the matters
dealt with.
(2) Paragraph
(1) applies whether the information contained in the document was supplied
directly or indirectly but, if it was supplied indirectly, only if each person
through whom it was supplied received it –
(a) in the course of a trade, business,
profession or other occupation; or
(b) as the holder of a paid or unpaid office.
(3) Paragraph
(1) shall not render admissible a confession made by an accused person that
would not be admissible under Article 74.
(4) A
statement prepared otherwise than in accordance with Article 4 of the Criminal Justice (International Co-operation)
(Jersey) Law 2001[75] for the purposes of pending or contemplated criminal proceedings or
a criminal investigation, shall not be admissible by virtue of paragraph (1)
unless the requirements of one of the sub-paragraphs of Article 64(2) of
this Law are satisfied, the requirements of paragraph (3) of that Article
are satisfied or the person who made the statement cannot reasonably be expected,
having regard to the time which has elapsed since the person made the statement
and to all the circumstances, to have any recollection of the matters dealt
with in the statement.
66 Principles
to be followed
(1) If,
having regard to all the circumstances, a court, in any proceedings, is of the
opinion that in the interests of justice a statement which is admissible by
virtue of Article 64 or 65 nevertheless ought not to be admitted, it may
direct that the statement shall not be admitted.
(2) Without
prejudice to the generality of paragraph (1), the court shall have
regard –
(a) to the nature and source of the document
containing the statement and to whether or not, having regard to its nature and
source and to any other circumstances that appear to the court to be relevant,
it is likely that the document is authentic;
(b) to the extent to which the statement appears
to supply evidence which would otherwise not be readily available;
(c) to the relevance of the evidence that it
appears to supply to any issue which is likely to have to be determined in the
proceedings; and
(d) to any risk, having regard in particular to
whether it is likely to be possible to controvert the statement if the person
making it does not attend to give oral evidence in the proceedings, that its
admission or exclusion will result in unfairness to the accused.
67 Statements
in documents that appear to have been prepared for purposes of criminal
proceedings or investigations
(1) Where
a statement which is admissible in criminal proceedings by virtue of Article 64
or 65 appears to the court to have been prepared otherwise than in accordance
with Article 4 of the Criminal Justice
(International Co-operation) (Jersey) Law 2001[76], for the purposes of pending or contemplated criminal proceedings
or of a criminal investigation, the statement shall not be given in evidence in
any criminal proceedings without the leave of the court, and the court shall
not give leave unless it is of the opinion that the statement ought to be
admitted in the interests of justice.
(2) In
considering whether its admission would be in the interests of justice, the
court shall have regard to –
(a) the contents of the statement;
(b) any risk, having regard in particular to
whether it is likely to be possible to controvert the statement if the person
making it does not attend to give oral evidence in the proceedings, that its
admission or exclusion will result in unfairness to the accused; and
(c) any other circumstances that appear to the
court to be relevant.
68 Proof
of statements contained in documents
Where a statement contained in a
document is admissible as evidence in criminal proceedings, it may be proved by
the production of that document or, whether or not that document is still in
existence, by the production of a copy of that document, or of the material part
of it, authenticated in any manner that the court may approve, and it is
immaterial for the purposes of this Article how many removes there are between
a copy and the original.
69 Documentary
evidence - supplementary
(1) Nothing
in this Part shall prejudice the admissibility of a statement not made by a
person while giving oral evidence in court which is admissible otherwise than
by virtue of this Part.
(2) Schedule 4
shall have effect for the purpose of supplementing this Article and Articles 64
to 68.
70 Microfilm
copies
In any criminal proceedings the
contents of a document may, whether or not the document is still in existence,
be proved by the production of an enlargement of a microfilm copy of that
document or of the material part of it, authenticated in any manner that the
court may approve.
PART 9
EVIDENCE IN CRIMINAL
PROCEEDINGS - GENERAL
Convictions and acquittals
71 Proof
of convictions and acquittals
(1) Where
in any proceedings the fact that a person has in Jersey been convicted or
acquitted of an offence is admissible in evidence, it may be proved by
producing a certificate of conviction or acquittal relating to that offence,
and proving that the person named in the certificate as having been convicted
or acquitted of the offence is the person whose conviction or acquittal of the
offence is to be proved.
(2) For
the purposes of this Article a certificate of conviction or of acquittal shall
consist of a certificate, signed by the Judicial Greffier, giving the substance
and effect, omitting the formal parts, of the indictment or charge and of the
conviction or acquittal, and a document purporting to be a duly signed
certificate of conviction or acquittal under this Article shall be taken to be
that certificate unless the contrary is proved.
(3) The
method of proving a conviction or acquittal authorized by this Article shall be
in addition to and not to the exclusion of any other authorized manner of
proving a conviction or acquittal.
72 Conviction
as evidence of commission of offence
(1) In
any proceedings the fact that a person other than the accused has been
convicted of an offence by or before a court in Jersey shall be admissible in
evidence for the purpose of proving, where to do so is relevant to any issue in
those proceedings, that that person committed that offence, whether or not any
other evidence of the person’s having committed that offence is given.
(2) In
any proceedings in which by virtue of this Article a person other than the
accused is proved to have been convicted of an offence by or before a court in Jersey,
the person shall be taken to have committed that offence unless the contrary is
proved.
(3) In
any proceedings where evidence is admissible of the fact that the accused has
committed an offence, in so far as that evidence is relevant to any matter in
issue in the proceedings for a reason other than a tendency to show in the
accused a disposition to commit the kind of offence with which the accused is
charged, if the accused is proved to have been convicted of the offence by or
before a court in Jersey, the accused shall be taken to have committed that
offence unless the contrary is proved.
(4) Nothing
in this Article shall prejudice –
(a) the admissibility in evidence of any
conviction which would be admissible apart from this Article; or
(b) the operation of any enactment whereby a
conviction or a finding of fact in any proceedings is for the purposes of any
other proceedings made conclusive evidence of any fact.
73 Provisions
supplementary to Article 72
(1) Where
evidence that a person has been convicted of an offence is admissible by virtue
of Article 72 then, without prejudice to the reception of any other
admissible evidence for the purpose of identifying the facts on which the
conviction was based, the contents of any document which is admissible as
evidence of the conviction and the contents of the indictment or charge-sheet
on which the person in question was convicted shall be admissible in evidence
for that purpose.
(2) Where
in any proceedings the contents of any document are admissible in evidence by
virtue of paragraph (1), a copy of that document, or of the material part
of it, purporting to be certified or otherwise authenticated by or on behalf of
the court or authority having custody of that document shall be admissible in
evidence and shall be taken to be a true copy of that document or part unless
the contrary is shown.
(3) Nothing
in Article 72 shall be construed as rendering admissible in any
proceedings evidence of any conviction other than a subsisting one.
Confessions
74 Confessions
(1) In
any proceedings a confession made by an accused person may be given in evidence
against the accused in so far as it is relevant to any matter in issue in the
proceedings and is not excluded by the court in pursuance of this Article.
(2) If,
in any proceedings where the prosecution proposes to give in evidence a
confession made by an accused person, it is represented to the court that the
confession was or may have been obtained –
(a) by oppression of the person who made it; or
(b) in consequence of anything said or done
which was likely, in the circumstances existing at the time, to render unreliable
any confession which might be made by the accused in consequence thereof,
the court shall not allow the
confession to be given in evidence against the accused except in so far as the
prosecution proves to the court beyond reasonable doubt that the confession,
notwithstanding that it may be true, was not obtained as aforesaid.
(3) In
any proceedings where the prosecution proposes to give in evidence a confession
made by an accused person, the court may of its own motion require the
prosecution, as a condition of allowing it to do so, to prove that the
confession was not obtained as mentioned in paragraph (2).
(4) The
fact that a confession is wholly or partly excluded in pursuance of this Article
shall not affect the admissibility in evidence –
(a) of any facts discovered as a result of the
confession; or
(b) where the confession is relevant as showing
that the accused speaks, writes or expresses himself or herself in a particular
way, of so much of the confession as is necessary to show that the accused does
so.
(5) Evidence
that a fact to which this paragraph applies was discovered as a result of a
statement made by an accused person shall not be admissible unless evidence of
how it was discovered is given by the accused or on his or her behalf.
(6) Paragraph
(5) applies –
(a) to any fact discovered as a result of a
confession which is wholly excluded in pursuance of this Article; and
(b) to any fact discovered as a result of a
confession which is partly so excluded, if the fact is discovered as a result
of the excluded part of the confession.
(7) Nothing
in Part 8 shall prejudice the admissibility of a confession made by an
accused person.
(8) In
this Article “oppression” includes torture, inhuman or degrading
treatment, and the use or threat of violence, whether or not amounting to
torture.
75 Confessions
by mentally impaired persons
(1) Without
prejudice to the general duty of the Bailiff at a trial on indictment to direct
the jury or, as the case may be, the Jurats, on any matter on which it appears
to the Bailiff appropriate to do so, where at that trial the case against the
accused depends wholly or substantially on a confession by the accused and the
court is satisfied that the accused is mentally impaired and that the
confession was not made in the presence of an independent person, the Bailiff
shall –
(a) warn the jury or, as the case may be, the
Jurats, that there is special need for caution before convicting the accused in
reliance on the confession; and
(b) explain that the need arises because of the
circumstances mentioned in this paragraph.
(2) In
any case where at the trial of a person before the Magistrate’s Court for
an offence it appears to the court that a warning under paragraph (1)
would be required if the trial were on indictment, the court shall treat the
case as one in which there is a special need for caution before convicting the
accused on his or her confession.
(3) In
this Article –
“independent person” does
not include a police officer or a person employed for, or engaged on, police
purposes;
“mentally impaired”,
in relation to a person, means that the person is in a state of arrested or
incomplete development of mind which includes significant impairment of
intelligence and social functioning;
“police purposes”
includes the purposes of –
(a) police cadets undergoing training with a
view to becoming members of the Force; and
(b) civilians employed for the purposes of the
Force or of those cadets.
Miscellaneous
76 Exclusion
of unfair evidence
(1) Subject
to paragraph (2), in any proceedings a court may refuse to allow evidence
on which the prosecution proposes to rely to be given if it appears to the
court that, having regard to all the circumstances, including the circumstances
in which the evidence was obtained, the admission of the evidence would so
adversely affect the fairness of the proceedings that the court ought not to
admit it.[77]
(2) Nothing
in this Article shall –
(a) prejudice any rule of law requiring a court
to exclude evidence; or
(b) apply to extradition proceedings or
proceedings pursuant to Article 19 of the Loi (1864) réglant la procédure
criminelle[78].
(3) Nothing
in this Law shall prejudice any power of any court to exclude evidence, whether
by preventing questions from being put or otherwise, at its discretion.
77 Time
for taking accused’s evidence
If at the trial of any person for
an offence the defence intends to call 2 or more witnesses to the facts of the
case and those witnesses include the accused, the accused shall be called
before the other witness or witnesses unless the court in its discretion
otherwise directs.
Witnesses
78 How
far witnesses may be discredited by the party producing
In any criminal proceedings, a
party producing a witness shall not be allowed to impeach the witness’s
credit by general evidence of bad character, but the party may, in case the
witness shall in the opinion of the court prove adverse –
(a) contradict
the witness by other evidence; or
(b) by
leave of the court, prove that the witness has made at other times a statement
inconsistent with the witness’s present testimony,
but, before the last-mentioned
proof can be given, the circumstances of the supposed statement sufficient to
designate the particular occasion shall be mentioned to the witness, and the
witness shall be asked whether or not the witness has made that statement.
79 As
to proof of contradictory statements of adverse witness
In any criminal proceedings, if a
witness, upon cross-examination as to a former statement made by the witness
relative to the subject matter of the indictment or proceedings, and
inconsistent with the witness’s present testimony, does not distinctly
admit that the witness has made that statement, proof may be given that the
witness did in fact make it, but before that proof can be given the
circumstances of the supposed statement, sufficient to designate the particular
occasion, shall be mentioned to the witness, and the witness shall be asked
whether or not the witness has made that statement.
80 Cross-examination
as to previous statements in writing
(1) In
any criminal proceedings, a witness may be cross-examined as to previous
statements made by the witness in writing, or reduced into writing, relative to
the subject matter of the proceeding, without that writing being shown to the
witness, but if it is intended to contradict that witness by the writing, the
witness’s attention shall, before that contradictory proof can be given,
be called to those parts of the writing which are to be used for the purpose of
so contradicting the witness.
(2) Any
court may, at any time during the trial, require the production of any writing
referred to in paragraph (1) for inspection, and that court may thereupon
make any use of it for the purposes of the trial that that court sees fit.
81 Proof
of conviction of a witness for an offence may be given
In any criminal proceedings, a
witness may be questioned as to whether the witness has been convicted of any
offence, and upon being so questioned, if the witness either denies or does not
admit the fact, or refuses to answer, it shall be lawful for the
cross-examining party to prove that conviction.
82 Evidence
by certificate
(1) In
any criminal proceedings, a certificate purporting to be signed by a police
officer, or by a person having the prescribed qualifications, and certifying
that a plan or drawing exhibited thereto is a plan or drawing made by the
person or officer of the place or object specified in the certificate, and that
the plan or drawing is correctly drawn to a scale so specified, shall be
evidence of the relative position of the things shown on the plan or drawing.
(2) Nothing
in this Article shall be deemed to make a certificate admissible as evidence in
proceedings for an offence except in a case where and to the extent to which
oral evidence to the like effect would have been admissible in those
proceedings.
(3) Nothing
in this Article shall be deemed to make a certificate admissible as evidence in
proceedings for any offence –
(a) unless a copy thereof has, not less than 7
days before the hearing or trial, been served in the prescribed manner on the
person charged with the offence; or
(b) if that person, not later than 3 days before
the hearing or trial or within any further time the court may in special
circumstances allow, serves notice in the prescribed form and manner on the
other party requiring the attendance at the trial of the person who signed the
certificate.
PART 10
PREPARATORY HEARINGS AND
RULINGS
Preparatory hearings
83 Application and
interpretation of Part 10
(1) This
Part applies in relation to an offence if on or after the commencement of this
Article the accused is committed for trial or proceedings are instituted before
the Royal Court for the offence concerned.
(2) References
in this Part to the prosecutor are to the Attorney General or any advocate
acting on the Attorney General’s behalf.
84 Power to order
preparatory hearing
(1) Where
it appears to the Bailiff –
(a) that a case is one in which, by virtue of
Article 2 or 3 of the Criminal Justice
(Evidence of Children) (Jersey) Law 2002[79], a person may give evidence through a live television link or a
video recording of an interview may be given in evidence; or
(b) that a case is so complex or is a case the
trial of which is likely to be so long that substantial benefits are likely to
accrue from a hearing before the trial and for any of the purposes mentioned in
paragraph (2),
the Bailiff may order that a
hearing (in this Part referred to as a “preparatory hearing”) shall
be held.
(2) The
purposes are those of –
(a) identifying issues which are likely to be
material to the verdict of the Royal Court or jury;
(b) assisting comprehension of those issues;
(c) expediting the proceedings before the Royal
Court or jury;
(d) assisting the management of the trial.
(3) The
Bailiff may make an order under paragraph (1) on the application of the
prosecutor, on the application of an accused or of his or her own motion.
85 Start of trial
and arraignment
If the Bailiff orders a preparatory
hearing the trial shall start with that hearing and arraignment shall take
place at the start of that hearing, unless it has taken place before then.
86 The preparatory
hearing
(1) At
the preparatory hearing the Bailiff may exercise any of the powers specified in
this Article.
(2) The
Bailiff may adjourn a preparatory hearing from time to time.
(3) The
Bailiff may make a ruling as to any question as to the admissibility of
evidence and any other question of law relating to the case.
(4) The
Bailiff may order the prosecutor –
(a) to give the Royal Court and each accused a
written statement (a “case statement”) of the matters falling
within paragraph (5);
(b) to prepare the prosecution evidence and any
explanatory material in a form that appears to the Bailiff to be likely to aid
comprehension by the Royal Court or jury and to give it in that form to that
court and to each accused;
(c) to give the Royal Court and each accused
written notice of documents the truth of the contents of which ought in the
prosecutor’s view to be admitted and of any other matters which in his or
her view ought to be agreed;
(d) to make any amendments of any case statement
given in pursuance of an order under sub-paragraph (a) that appear to the
Bailiff to be appropriate, having regard to objections made by any accused.
(5) The
matters referred to in paragraph (4)(a) are –
(a) the principal facts of the case for the
prosecution;
(b) the witnesses who will speak to those facts;
(c) any exhibits relevant to those facts;
(d) any proposition of law on which the
prosecutor proposes to rely;
(e) the consequences in relation to any of the
charges or counts in the indictment that appear to the prosecutor to flow from
the matters falling within sub-paragraphs (a) to (d).
(6) Where
the Bailiff has ordered the prosecutor to give a case statement and the
prosecutor has complied with the order, the Bailiff may order each
accused –
(a) to give the Royal Court and the prosecutor a
written statement setting out in general terms the nature of the
accused’s defence and indicating the principal matters on which he or she
takes issue with the prosecution;
(b) to give the Royal Court and the prosecutor
written notice of any objections that the accused has to the case statement;
(c) to give the Royal Court and the prosecutor
written notice of any point of law, including any point as to the admissibility
of evidence, which the accused wishes to take, and any authority on which the
accused intends to rely for that purpose.
(7) Where
the Bailiff has ordered the prosecutor to give notice under
paragraph (4)(c) and the prosecutor has complied with the order, the
Bailiff may order each accused to give the Royal Court and the prosecutor a
written notice stating –
(a) the extent to which he or she agrees with
the prosecutor as to documents and other matters to which the notice under
paragraph (4)(c) relates; and
(b) the reason for any disagreement.
(8) The
Bailiff, on making an order under paragraph (6) or (7), shall warn each
accused of the possible consequences under Article 89 of not complying with it.
(9) If
it appears to the Bailiff that reasons given in pursuance of paragraph (7)
are inadequate, the Bailiff shall so inform the person giving them and may
require the person to give further or better reasons.
(10) An
order under this Article may specify the time within which any requirement
contained in it is to be complied with.
(11) An
order or ruling made under this Article shall have effect throughout the trial,
unless it appears to the Bailiff, on application made to the Bailiff, that the
interests of justice require the Bailiff to vary or discharge it.
87 Orders before
preparatory hearing
(1) This
Article applies where the Bailiff orders a preparatory hearing and the Bailiff
decides that any order which could be made under Article 86(4) to (7) at
the hearing should be made before the hearing.
(2) In
that case the Bailiff may make that order before the hearing or at the hearing
and Article 86(4) to (11) shall apply accordingly.
88 Rules of court
(1) The
power to make rules of court under the Royal
Court (Jersey) Law 1948[80] shall include a power –
(a) to provide that anything required to be
given by an accused in pursuance of a requirement imposed under Article 86 need
not disclose who will give evidence;
(b) to make provision as to the minimum or
maximum time that may be specified under Article 86(10);
(c) to prescribe anything that shall or may be
prescribed under this Law.
(2) The
power to make rules of court under the Court
of Appeal (Jersey) Law 1961[81] shall include a power to specify the time within which an appeal
under this Law to the Court of Appeal shall be made and to regulate generally
the practice and procedure relating to any such appeal.
89 Later stages of
trial
(1) Any
party may depart from the case he or she disclosed in pursuance of a
requirement imposed under Article 86.
(2) Where
a party departs from the case he or she disclosed in pursuance of a requirement
imposed under Article 86 or a party fails to comply with that requirement, the
Bailiff or, with the leave of the Bailiff, any other party may make any comment
that appears to the Bailiff or the other party to be appropriate and the Royal
Court or jury may draw any inference that appears proper.
(3) In
deciding whether to give leave the Bailiff shall have regard to the extent of
the departure or failure and to whether there is any justification for it.
(4) Except
as provided by this Article no part of a statement given under Article 86(6)(a)
or of any other information relating to the case for an accused which was given
in pursuance of a requirement imposed under Article 86, may be disclosed at a
later stage in the trial without the consent of the accused concerned.
90 Appeals to Court
of Appeal
(1) An
appeal shall lie to the Court of Appeal from any ruling of the Bailiff under
Article 86(3), but only with the leave of the Bailiff or of the Court of
Appeal.
(2) The
Bailiff may continue a preparatory hearing notwithstanding that leave to appeal
has been granted under paragraph (1), but the trial shall not otherwise
proceed further until after the appeal has been determined or abandoned.
(3) On
the hearing of the appeal the Court of Appeal may confirm, reverse or vary the
decision appealed against.
91 Restrictions on
reporting preparatory hearings
(1) Except
as provided by this Article no written report of proceedings falling within
paragraph (2) shall be published in Jersey and no report of those proceedings
shall be included in a relevant programme for reception in Jersey.
(2) The
following proceedings fall within this paragraph –
(a) a preparatory hearing;
(b) an application for leave to appeal in
relation to that hearing; and
(c) an appeal in relation to that hearing.
(3) The
Bailiff in dealing with a preparatory hearing may order that paragraph (1)
shall not apply, or shall not apply to a specified extent, to a report of the
preparatory hearing or an application to the Bailiff for leave to appeal to the
Court of Appeal under Article 90(1) in relation to the preparatory hearing.
(4) The
Court of Appeal may order that paragraph (1) shall not apply, or shall not
apply to a specified extent, to a report of an appeal to the Court of Appeal
under Article 90(1) in relation to a preparatory hearing or an application
to that Court for leave to appeal to it under Article 90(1) in relation to a
preparatory hearing.
(5) Where
there is only one accused and he or she objects to the making of an order under
paragraph (3) or (4) the Bailiff or the Court of Appeal shall make the order if
satisfied after hearing the representations of the accused that it is in the
interests of justice to do so and if the order is made it shall not apply to
the extent that a report deals with that objection or those representations.
(6) Where
there are 2 or more accused and one or more of them objects to the making of an
order under paragraph (3) or (4) the Bailiff or the Court of Appeal shall make
the order if satisfied after hearing the representations of each of the accused
that it is in the interests of justice to do so and if the order is made it
shall not apply to the extent that a report deals with that objection or those
representations.
(7) Paragraph
(1) shall not apply to the following at the conclusion of the trial of the last
of the accused to be tried –
(a) the publication of a report of a preparatory
hearing;
(b) the publication of a report of an appeal in
relation to a preparatory hearing or of an application for leave to appeal in
relation to that hearing;
(c) the inclusion in a relevant programme of a
report of a preparatory hearing; or
(d) the inclusion in a relevant programme of a
report of an appeal in relation to a preparatory hearing or of an application
for leave to appeal in relation to that hearing.
(8) Paragraph (1)
shall not apply to a report which contains only one or more of the following
matters –
(a) the identity of the court and the name of
the person presiding;
(b) the name, home address, occupation and age
of the accused and any witness;
(c) the offence or offences, or a summary of
them, with which an accused is charged;
(d) the name of any advocate in the proceedings;
(e) where the proceedings are adjourned, the
date and place to which they are adjourned;
(f) any arrangements as to bail;
(g) whether legal aid was granted to an accused.
(9) The
addresses that may be published or included in a relevant programme under
paragraph (8) are addresses at any relevant time and at the time of their
publication or inclusion in a relevant programme.
(10) Nothing
in this Article affects any prohibition or restriction imposed by virtue of any
other enactment on a publication or on matter included in a programme.
(11) In
this Article and in Article 92 –
“publish”, in relation to a report, means publish the report, either by
itself or as part of a newspaper or periodical, for distribution to the public;
“relevant
programme” means a programme included in a
programme service, within the meaning of the Broadcasting Act 1990 of the United
Kingdom, as extended to the Island by the Broadcasting
Act 1990 (Jersey) Order 1991[82] and the Broadcasting Act 1990
(Jersey) (No. 2) Order 1991[83];
“relevant time” means
a time when events giving rise to the changes to which the proceedings relate
occurred.
92 Offences in
connection with reporting preparatory hearings
(1) If
a report is published or included in a relevant programme in contravention of
Article 91 each of the following persons shall be guilty of an
offence –
(a) in the case of a publication of a written
report as part of a newspaper or periodical any proprietor, editor or publisher
of the newspaper or periodical;
(b) in the case of a publication of a written
report otherwise than as part of a newspaper or periodical, the person who
publishes it;
(c) in the case of the inclusion of a report in
a relevant programme, any body corporate which is engaged in providing the
service in which the programme is included and any person having functions in
relation to the programme corresponding to those of an editor of a newspaper.
(2) A
person guilty of an offence under this Article shall be liable to a fine.
(3) Proceedings
for an offence under this Article shall not be commenced without the consent of
the Attorney General.
Rulings
93 Meaning of
pre-trial hearing
(1) For
the purposes of this Part a hearing is a pre-trial hearing if it relates to a
trial for an offence in the Royal Court and it takes place after the accused
has been committed for trial for the offence concerned or after the proceedings
for the offence have been instituted in the Royal Court and before the start of
the trial.
(2) For
the purposes of this Article the start of a trial occurs when a jury is sworn
to consider the issue of guilt, or incapacity of a defendant under
Article 57 of the Mental Health (Jersey) Law 2016[84], or when the Royal Court, sitting with Jurats, sits to examine
those issues, or, if the Royal Court accepts a plea of guilty before it begins
to determine those issues, when that plea is accepted, but this is subject to Article
85.[85]
94 Power to make
rulings
(1) The
Bailiff may make, at a pre-trial hearing, a ruling as to any question as to the
admissibility of evidence and any other question of law relating to the case
concerned.
(2) A
ruling may be made under this Article on an application by a party to the case
or of the Bailiff’s own motion.
(3) Subject
to paragraph (4), a ruling made under this Article has binding effect from the
time it is made until the case against each accused is disposed of, and the
case against an accused is disposed of if he or she is acquitted or convicted
or the prosecutor decides not to proceed with the case against the accused.
(4) The
Bailiff may discharge, vary or further vary a ruling made under this Article if
it appears to the Bailiff that it is in the interests of justice to do so, and
the Bailiff may act under this paragraph on an application by a party to the
case or of his or her own motion.
(5) No
application may be made under paragraph (4) unless there has been a
material change of circumstances since the ruling was made or, if a previous
application has been made, since the last application was made.
(6) For
the purposes of this Article the prosecutor is the Attorney General or any
advocate acting on his or her behalf.
95 Restrictions on
reporting rulings
(1) Except
as provided by this Article no written report of matters falling within
paragraph (2) shall be published in Jersey and no report of matters
falling within paragraph (2) shall be included in a relevant programme for
reception in Jersey.
(2) The
following matters fall within this paragraph –
(a) a ruling made under Article 94;
(b) proceedings on an application for a ruling
to be made under Article 94;
(c) an order that a ruling made under Article 94
be discharged or varied;
(d) proceedings on an application for a ruling
made under Article 94 to be discharged or varied.
(3) The
Bailiff, in dealing with any matter falling within paragraph (2), may
order that paragraph (1) shall not apply, or shall not apply to a
specified extent, to a report of the matter.
(4) Where
there is only one accused and he or she objects to the making of an order under
paragraph (3) the Bailiff shall make the order if the Bailiff is satisfied
after hearing the representations of the accused that it is in the interests of
justice to do so, and if the order is made it shall not apply to the extent
that a report deals with that objection or those representations.
(5) Where
there are 2 or more accused and one or more of them objects to the making of an
order under paragraph (3) the Bailiff shall make the order if the Bailiff is
satisfied after hearing the representations of each of the accused that it is
in the interests of justice to do so, and if the order is made it shall not
apply to the extent that a report deals with that objection or those
representations.
(6) Paragraph
(1) shall not apply to the publication of a report of matters, or the inclusion
in a relevant programme of a report of matters, at the conclusion of the trial
of the last accused to be tried.
(7) Nothing
in this Article affects any prohibition or restriction imposed by virtue of any
other enactment on a publication or on matter included in a programme.
(8) In
this Article and in Article 96, “publish” and “relevant
programme” have the same meaning as in Article 91.
96 Offences in
connection with reporting rulings
(1) If
a report is published or included in a relevant programme in contravention of
Article 95 each of the following persons shall be guilty of an
offence –
(a) in the case of a publication of a written
report as part of a newspaper or periodical, any proprietor, editor or
publisher of the newspaper or periodical;
(b) in the case of a publication of a written
report otherwise than as part of a newspaper or periodical, the person who
publishes it;
(c) in the case of the inclusion of a report in
a relevant programme, any body corporate which is engaged in providing the
service in which the programme is included and any person having functions in
relation to the programme corresponding to those of an editor of a newspaper.
(2) A
person guilty of an offence under this Article shall be liable to a fine.
(3) Proceedings
for an offence under this Article shall not be commenced without the consent of
the Attorney General.
97 Application of Articles
93 to 96
Articles 93 to 96 apply in relation
to pre-trial hearings beginning on or after the commencement of this Article.
98 [86]
PART 11
CONTROL OF INTRUSIVE
SURVEILLANCE
99 Interpretation of
Part 11
In this Part –
“authorization” means an authorization under Article 101;
“interference” in relation to wireless telegraphy, means the prejudicing by any
emission or reflection of electro-magnetic energy of the fulfilment of the
purposes of the telegraphy, either generally or in part, and, without prejudice
to the generality of the preceding words, as respects all, or as respects any,
of the recipients or intended recipients of any message, sound or visual image
intended to be conveyed by the telegraphy, and the expression “interfere”
shall be construed accordingly;
“wireless
telegraphy” means the emitting or
receiving, over paths which are not provided by any material substance
constructed or arranged for that purpose, of electro-magnetic energy of a
frequency not exceeding 3 million megacycles a second, being energy which
either –
(a) serves for the conveying of messages, sound
or visual images, whether the messages, sound or images are actually received
by any person or not, or for the actuation or control of machinery or
apparatus; or
(b) is used in connection with the determination
of position, bearing, or distance, or for the gaining of information as to the
presence, absence, position or motion of any object or of any objects of any
class.
100 Authorizations
No entry on or interference with
property or with wireless telegraphy shall be unlawful if it is authorized by
an authorization having effect under this Part.
101 Authorizations to interfere
with property etc.
(1) Where
paragraph (2) applies, the Attorney General may authorize –
(a) the taking of any action, in respect of any
property, as the Attorney General may specify; or
(b) the taking of any action as the Attorney
General may specify, in respect of wireless telegraphy.
(2) This
paragraph applies where the Attorney General believes –
(a) that it is necessary for the action
specified to be taken for the purpose of preventing or detecting serious crime
or in the interests of the security of the Island; and
(b) that the taking of the action is
proportionate to what the action seeks to achieve.
(3) The
matters to be taken into account in considering whether the requirements of
paragraph (2) are satisfied in the case of any authorization shall include
whether what it is thought necessary to achieve by the authorized action could
reasonably be achieved by other means.
(4) In
this Article “serious crime”
means –
(a) conduct which constitutes one or more
offences –
(i) which
involves the use of violence, results in substantial financial gain or is
conducted by a large number of persons in pursuit of a common purpose, or
(ii) for
which a person who has attained the age of 21 and has no previous convictions
could reasonably be expected to be sentenced to imprisonment for 3 years
or more; or
(b) conduct which is, or corresponds to, any conduct
which, if it all took place in Jersey, would constitute an offence, or
offences, of the kind referred to in sub-paragraph (a).[87]
102 Authorizations: form and
duration etc.
(1) An
authorization shall be in writing, except that in an urgent case an authorization
may be given orally.
(2) An
authorization shall, unless renewed under paragraph (3), cease to have
effect –
(a) if given orally, at the end of the period of
72 hours beginning with the time when it took effect;
(b) in any other case, at the end of the period
of 3 months beginning with the day on which it took effect.
(3) If
at any time before an authorization would cease to have effect the Attorney
General considers it necessary for the authorization to continue to have effect
for the purpose for which it was issued, the Attorney General may, in writing,
renew it for a period of 3 months beginning with the day on which it would
cease to have effect.
(4) The
Attorney General shall cancel an authorization given by him or her if satisfied
that the action authorized by it is no longer necessary.
103 Notification of
authorizations etc.
The Attorney General shall from
time to time and, in any event, at least every 12 months, notify the
Commissioner, in writing, of authorizations given, renewed or cancelled by the
Attorney General and, where an authorization was given orally, of the grounds
on which the case was believed to be urgent.
104 The Commissioner
(1) The
Bailiff shall appoint one of the ordinary judges of the Court of Appeal as a
Commissioner to keep under review the carrying out by the Attorney General of
the functions conferred on the Attorney General by this Part.
(2) The
Commissioner shall hold office in accordance with the terms of his or her
appointment, and there shall be paid to him or her out of money provided by the
States any allowances that the Minister for Treasury and Resources may direct.[88]
(3) As
soon as practicable after the end of each year, the Commissioner shall make a
report to the Bailiff with respect to the carrying out of his or her functions
under this Part.
(4) The
Bailiff shall cause a copy of every annual report under paragraph (3) to
be laid before the States, and every copy shall include a statement as to
whether any matter has been excluded from it in pursuance of paragraph (5).
(5) If
it appears to the Bailiff, after consultation with the Commissioner, that the
publication of any matter in an annual report under paragraph (4) would be
prejudicial to the security of the British Islands or to the detection of
crime, the Bailiff may exclude that matter from the copy of the report laid
before the States.
PART 12
REPORTING OF COMMITTAL AND
OTHER CRIMINAL PROCEEDINGS
105 Committal proceedings
(1) Except
as provided by paragraphs (2), (5) and (10), no person shall publish in Jersey
a written report, or include in a relevant programme for reception in Jersey, a
report of any committal proceedings in Jersey containing any matter other than
that permitted by paragraph (6).
(2) Subject
to paragraph (3), the court shall, on application made in any committal
proceedings by the accused, order that paragraph (1) shall not apply to a
report of those proceedings.
(3) Where,
in the case of 2 or more accused, one of them objects to the making of an order
under paragraph (2), the court shall only make the order if it is satisfied,
after hearing the representations of that accused, that it is in the interests
of justice to do so.
(4) An
order under paragraph (2) shall not apply to a report of proceedings under
paragraph (3), but any decision of the court to make or not to make that order
may be contained in a report published or included in a relevant programme
before the time authorized by paragraph (5).
(5) A
person may publish, or include in a relevant programme, a report of committal
proceedings containing any matter other than that permitted by paragraph
(6) –
(a) where the court determines not to commit any
of the accused for trial, after it so determines; or
(b) where the court commits any of the accused
for trial, after the conclusion of the trial of the last to be tried,
and where at any time during the
inquiry the court decides to deal with the case of any of the accused, while
committing the other accused for trial, a person may, after the court
determines to proceed as aforesaid, publish or include in a relevant programme,
as part of a report of the court’s dealing with the case of an accused, a
report of so much of the committal proceedings as took place before the
determination.
(6) There
may be contained in a report of committal proceedings, published or included in
relevant programme, without an order under paragraph (2) before the time
authorized by paragraph (5) –
(a) the identity of the court and the name of
the person presiding;
(b) the name, home address, occupation and age
of the accused and any witness;
(c) the offence or offences with which the
accused is charged, or a summary of them;
(d) the name of the legal representative of the
accused and the name of the person presenting the case;
(e) any decision of the court to commit the
accused for trial, and any decision of the court on the disposal of the case of
any accused not committed;
(f) where the court commits an accused for
trial, the charge or charges on which the accused is committed;
(g) where the committal proceedings are
adjourned, the date to which they are adjourned;
(h) any arrangements as to bail on committal or
adjournment; and
(i) whether legal aid has been granted to
an accused.
(7) If
a report is published, or included in a relevant programme in contravention of
this Article the following shall be guilty of an offence and liable to a fine
of level 3 on the standard scale –
(a) in the case of a publication of a written
report as part of a newspaper or periodical, any proprietor, editor or
publisher of the newspaper or periodical;
(b) in the case of a publication of a written
report otherwise than as part of a newspaper or a periodical, the person who
publishes it; and
(c) in the case of the inclusion of a report in
a relevant programme, any body corporate which provides the service in which
the programme is included and any person having functions in relation to the
programme corresponding to those of an editor of a newspaper.[89]
(8) Proceedings
for an offence against this Article shall not be commenced without the consent
of the Attorney General.
(9) Paragraph
(1) shall be in addition to, and not in derogation from, any other enactment or
rule of customary law with respect to the publication of reports of proceedings
of any court.
(10) For
the purposes of this Article, committal proceedings shall, in relation to any
charge for an offence, be deemed to include any proceedings in the court before
the court proceeds to inquire into the offence as to whether to commit for
trial of that offence, but where the court has begun to try an offence and
decides to discontinue the trial and to proceed to inquire whether to commit
for trial of that offence, a report of any proceedings on the charge for the
offence which was published or broadcast before the court determined to proceed
as aforesaid shall not contravene the provisions of this Article.
(11) In
this Article “publish” and “relevant programme” have
the same meaning as in Article 91.
106 Contemporary reports of
criminal proceedings
(1) In
any criminal proceedings, a court may, where it appears to the court to be
necessary for avoiding a substantial risk of prejudice to the administration of
justice in those proceedings, or in any other criminal proceedings pending or
imminent, order that –
(a) publication in Jersey of a written report;
or
(b) inclusion of any report in a relevant
programme for reception in Jersey,
of the proceedings or of any part
of the proceedings, be postponed for any period that the court thinks necessary
for that purpose.
(2) A
court may make an order under paragraph (1) of its own motion or on application
by any of the parties and, where a court makes an order under paragraph (1), it
may give any directions that appear to the court to be necessary for the
purposes of the order.
(3) A
person aggrieved by an order under paragraph (1) may appeal in the case of an
order made by the Magistrate’s Court, to the Inferior Number of the Royal
Court or in the case of an order made by the Youth Court, to the Youth Appeal
Court or in the case of an order made by the Royal Court, to the Court of
Appeal, and the decision of the court hearing that appeal shall be final.
(4) On
the hearing of an appeal under paragraph (3) the court may –
(a) stay any proceedings in any other court
until after the appeal is disposed of;
(b) confirm, reverse or vary the order
complained of; and
(c) make an order as to costs.
(5) Where
a court has made an order under paragraph (1), if a report is published or
included in a relevant programme in contravention of that order the following
shall be guilty of an offence and liable to a fine of level 3 on the standard scale –
(a) in the case of a publication of a written
report as part of a newspaper or periodical, any proprietor, editor or
publisher of the newspaper or periodical;
(b) in the case of publication of a written
report otherwise than as a part of a newspaper or periodical, the person who
publishes it;
(c) in the case of the inclusion of a report in
a relevant programme, any body corporate which provides the service in which
the programme is included and any person having functions in relation to the
programme corresponding to those of an editor of a newspaper.[90]
(6) This
Article shall be in addition to, and not in derogation from, any other
enactment or rule of customary law with respect to the publication of reports
and proceedings of any court.
(7) In
this Article “publish” and “relevant programme” have
the same meaning as in Article 91.
PART 13
MISCELLANEOUS AND
SUPPLEMENTARY
107 Application
of Law to Customs and Excise
(1) The Minister, after consultation with the
Minister for Treasury and Resources, may by Order direct –
(a) that any provision of this Law which relates
to investigations of offences conducted by police officers or to persons
detained by the police shall apply, subject to any modifications that the Order
may specify, to investigations conducted by the Agent of the Impôts and
any officer of the Impôts of offences which relate to assigned matters,
as defined in Article 1 of the Customs
and Excise (Jersey) Law 1999[91], or to persons detained by the said Agent or officers; and
(b) that, in relation to investigations of
offences conducted by the said Agent or officers –
(i) this Law shall
have effect as if the following Article were inserted after Article
8 –
“8A Exception for Customs and Excise
Material in the possession of a person who acquired or created it in
the course of any trade, business, profession or other occupation or for the
purpose of any paid or unpaid office and which relates to an assigned matter,
as defined in Article 1 of the Customs and
Excise (Jersey) Law 1999, is neither excluded material nor special
procedure material for the purposes of any enactment such as is mentioned in
Article 16(2) of this Law.”, and
(ii) Article 51 shall
have effect with the omission of paragraph (1)(b).
(2) Nothing in any Order under paragraph (1)
shall be taken to limit any powers exercisable under Article 53 of the Customs and Excise (Jersey) Law 1999.
108 Extended remand in customs
custody of suspected drug offender
NOT IN FORCE ON THE REVISION DATE.
109 Power of police officer to
use reasonable force
Where any provision of this
Law confers a power on a police officer and does not provide that the power may
only be exercised with the consent of some person, other than a police officer,
the officer may use reasonable force, if necessary, in the exercise of the
power.
110 Statutory indemnity
Without prejudice to
Article 62(7), a failure on the part of a police officer to comply with
any time limit imposed by or under this Law shall not, in the absence of bad
faith, render the officer liable to any civil proceedings.
111 Abrogation of certain powers
of police officers
(1) There shall cease to have
effect –
(a) the customary right of search reserved to a
Connétable or Centenier:
(b) subject to paragraph (2), the customary
power of entry without a warrant; and
(c) that part of any enactment which authorizes
a police officer to search a person in police detention at a police station and
carry out an intimate search of that person.
(2) Paragraph (1) shall not affect any customary
power of entry without a warrant to deal with or prevent a breach of the peace.
112 Amendments and repeals
(1) The
enactments mentioned in Schedule 5 shall have effect with the amendments
there specified.
(2) The
enactments mentioned in column 1 of Schedule 6, which include enactments
already obsolete or unnecessary, shall be repealed to the extent specified in
column 2 of that Schedule.
113 Regulations and Orders
(1) Except
insofar as this Law otherwise provides, any power to make any Regulations or
Orders may be exercised –
(a) either in relation to all those cases to
which the power extends, or in relation to all those cases subject to specified
exceptions, or in relation to any specified cases or classes of case; and
(b) so as to make in relation to the cases in
respect of which it is exercised –
(i) the
full provision to which the power extends or any less provision whether by way
of exception or otherwise,
(ii) the
same provision for all cases in relation to which the power is exercised or
different provision for different cases or classes of case, or different
provision as respects the same case or class of case for different purposes of
this Law, or
(iii) any
of those provisions either unconditionally or subject to any specified
conditions.
(2) Without
prejudice to any specific provision of this Law, any Regulations or Order under
this Law may contain any transitional, consequential, incidental or
supplementary provisions that appear to the States or the Minister making the
Order, to be necessary or expedient for the purposes of the Regulations or
Order.
(3) The
Subordinate Legislation (Jersey) Law 1960[92] shall apply to Orders made under this Law.
114 Citation
and commencement
(1) This
Law may be cited as the Police Procedures and Criminal Evidence (Jersey) Law 2003.
(2) This
Law shall come into force on such day or days as the States may by Act appoint,
and different days may be appointed for different provisions and for different
purposes.
(3) An
Act under this Article may make any transitional provision that appears to be
necessary or expedient in connection with the provisions brought into operation
by it.