THE STATES make these Regulations under Articles 8(1A), 9(6), 19(2), (3) and (4), 20(10) and 22 of the Police (Complaints and Conduct) (Jersey) Law 2022 –

Commencement [see endnotes]

Part 1

Preliminary provisions

1 Interpretation

In these Regulations –

“agreed resolution” has the meaning given in Regulation 9(3);

“appeal” means an appeal under Regulation 39;

“appeal panel” means the panel established under Regulation 40;

“chair” means the person selected under Regulation 25(3)(a) to chair a disciplinary hearing;

“designated contractor” means a person designated under Article 27 of the Police Force Law;

“designated employee” means a States’ employee designated to undertake police functions under Article 26 of the Police Force Law;

“designation” means a designation under Article 26 or 27 of the Police Force Law;

“disciplinary action” means a preliminary assessment and misconduct investigation;

“disciplinary hearing” means a hearing to which a police officer’s case is referred under Regulation 21(3);

“disciplinary meeting” means a meeting to which a police officer’s case is referred under Regulation 21(2);

“disciplinary officer” means a police officer appointed under Regulation 25(1) to conduct a disciplinary meeting;

“disciplinary panel” means a panel appointed under Regulation 25(2) to conduct a disciplinary hearing;

“disciplinary person” means a disciplinary officer or disciplinary panel, as the case requires;

“disciplinary policy” means –

(a) in the case of a designated employee, the disciplinary policy applicable to States’ employees other than police officers;

(b) in the case of a designated contractor, the contractor’s policy that determines whether a designated contractor should be sanctioned or subject to a punitive measure for their conduct (as opposed to their performance);

“disciplinary proceedings” means a disciplinary hearing or disciplinary meeting;

“disciplinary sanction” means a sanction ordered under Regulation 36;

“former designated person” means a person who has stopped serving as a designated person;

“former police officer” means a police officer who has stopped serving as a member of the Force;

“gross misconduct” means a contravention of the Professional Standards that is so serious that it justifies dismissal;

“handling officer” has the meaning given in Regulation 9(5);

“harm test” is explained in Regulation 60;

“interested person” means an individual described in Article 20 of the Law;

“investigator” means a person appointed under Regulation 14;

“Law” means the Police (Complaints and Conduct) (Jersey) Law 2022;

“line manager” means the police officer or person who has immediate supervisory responsibility for the police officer or designated person who is the subject of the complaint or conduct matter;

“misconduct” means a contravention of the Professional Standards that is so serious that it justifies a disciplinary sanction;

“misconduct investigation” means an investigation required under Regulation 12(3);

“performance matter” means, in relation to a referral under Regulation 12(7), 20, 21(6)(b), or order under Regulation 43(1)(g) or 45(2)(f), procedures established for improving the standards of performance of police officers (including procedures under the States of Jersey Police Force (Performance and Attendance) (Jersey) Order 2016) or designated persons who are underperforming in the exercise of their duties;

“performance policy” means –

(a) in the case of a designated employee, the capability policy (including attendance policy) applicable to States’ employees other than police officers; and

(b) in the case of a designated contractor, the contractor’s policy that determines the assessment of whether a designated contractor’s performance is unsatisfactory and if, as a result, action is to be taken;

“police friend” has the meaning given in Regulation 55;

“police officer” means a member of the Force;

“practice requiring improvement” means conduct not amounting to misconduct or gross misconduct that falls short of the expectations of the public and the Force, or underperformance;

“preliminary assessment” means an assessment carried out under Regulation 12:

“presiding person” means the disciplinary officer or chair;

“reflective practice review process” means the process set out in Part 7 for handling practice requiring improvement and described in Regulation 48(1);

“staff association” includes the States of Jersey Police Association or a trade union.

2 Application

(1) These Regulations apply in relation to complaints relating to, or conduct matters or DSI matters involving –

(a) police officers other than the Chief Officer and Deputy Chief Officer; and

(b) designated persons in so far as the complaint relates to, or conduct matter or DSI matter involves, the exercise of a power conferred, or duty imposed, by a designation.

(2) But the following do not apply to designated persons –

(a) Part 5 (disciplinary proceedings); and

(b) Part 6 (reviews and disciplinary appeals) except for Regulation 38 (general provisions about reviews and appeals).

3 Delegation of powers or duties

(1) The Deputy Chief Officer may delegate in writing the powers conferred, or duties imposed, on them under the Law or these Regulations –

(a) to a police officer of at least the rank of chief inspector; or

(b) to an officer of the equivalent rank of Deputy Chief Officer serving in another jurisdiction.

(2) But the Deputy Chief Officer must not delegate a power or duty to a person whose involvement in the role could reasonably give rise to a concern that they are not able to act impartially under these Regulations, whether because the person has acted as investigating officer in the case or attempted to resolve it by agreed resolution or otherwise.

4 Complaints, conduct matters or DSI matters concerning former police officers or former designated persons

(1) If the circumstances in paragraph (2) apply –

(a) these Regulations apply, subject to paragraphs (3) and (4), to a former police officer or former designated person as if they were still a serving police officer or serving designated person; and

(b) a reference in these Regulations only to a police officer or designated person is taken to include a former police officer or former designated person.

(2) The circumstances are that –

(a) a complaint was made, or a conduct matter or DSI matter occurred, before the police officer or designated person stopped serving; or

(b) a complaint is made not later than 12 months after the date the police officer or designated person stopped serving.

(3) The following table sets out the Regulations that –

(a) do not apply, or partly apply to a former police officer; and

(b) do not apply, or partly apply to a former designated person –

Regulation that does not apply or partly applies	Application to former police officer	Application to former designated person
Regulation 5 (suspension)	No	No
Regulation 8 (disapplication of procedures under these Regulations)	Yes	Yes
Regulation 12 (preliminary assessment)	Yes, apart from an assessment under Regulation 12(4)	Yes, apart from an assessment under Regulation 12(4)
Regulation 20 (report on misconduct investigation)	Yes, apart from Regulation 20(2)(d)	No
Regulation 21 (action by Deputy Chief Officer in response to misconduct investigation report)	Yes, apart from a referral under Regulation 21(6)(b)	No
Regulation 36 (disciplinary sanctions)	No	No
Regulation 37 (notification of finding after disciplinary proceedings)	Yes, apart from Regulation 37(1)(c) and (3)(a)	No
Regulation 39 (appeal from disciplinary proceedings)	Yes, apart from Regulation 39(1)(b), (2)(b) and (c) and (3)(c)(iii), and to the extent provided by paragraph (8)	No
Regulation 42 (appeal procedure)	Yes, apart from Regulation 42(8)(b)	No
Regulation 43 (appeal panel decision and notification of decision)	Yes, apart from Regulation 43(1)(c), (d), (f) and (g)	No
Regulation 44 (effect of decision on appeal)	Yes, apart from Regulation 44(3) and (4), and to the extent provided by paragraph (2)	No
Regulation 45 (procedure if misconduct allegation remitted back to disciplinary person)	Yes, apart from Regulation 45(2)(b), (c), (e) and (f)	No
Part 7 (reflective practice review process)	No	No

(4) Regulation 35 (finding of misconduct or gross misconduct) does not apply to a former designated person.

(5) If the Deputy Chief Officer determines under Regulation 21(1)(a) (action by Deputy Chief Officer in response to misconduct investigation report) that a former police officer has a case to answer in respect of misconduct or gross misconduct, the case must not be referred to disciplinary proceedings unless the Deputy Chief Officer determines that the referral is reasonable and proportionate.

(6) Paragraph (7) applies if –

(a) the case is referred to a disciplinary hearing; and

(b) the disciplinary panel finds that the conduct of the former police officer amounted to gross misconduct.

(7) The disciplinary panel must determine whether the former police officer would have been dismissed, or required to resign as an alternative to dismissal, had they not left the Force.

(8) If, in the case of a former designated person, the deputy Chief Officer determines under Regulation 21(1)(b) that grounds exist for the employer to take action under their disciplinary policy or performance policy, the case must not be referred to the employer unless the Deputy Chief Officer determines that it is reasonable and proportionate for action to be taken by the employer in respect of the former designated person.

(9) The Deputy Chief Officer may revise a determination referred to in paragraph (5) or (8) at any time before –

(a) the start of the disciplinary proceedings; or

(b) action under the former designated person’s employer’s disciplinary policy or performance policy.

5 Suspension

(1) The Deputy Chief Officer may suspend a police officer, or suspend a designated person’s designation, if 1 of the following events occurs –

(a) the police officer or designated person is charged with a criminal offence;

(b) the Deputy Chief Officer becomes aware of a complaint, report or allegation that indicates that the police officer or designated person may have contravened the Professional Standards, regardless of whether the contravention has been investigated; or

(c) the Deputy Chief Officer receives, in respect of the police officer or designated person, a complaint, report or allegation described in sub-paragraph (b).

(2) Before suspending a police officer or the designation of a designated person, the Deputy Chief Officer must first consult the Chief Officer.

(3) A suspension continues until –

(a) the occurrence of an event described in paragraph (4) or (5); or

(b) the Deputy Chief Officer decides to end the suspension.

(4) In the case of a police officer, the Deputy Chief Officer may end a suspension –

(a) when the Deputy Chief Officer decides under Regulation 21(6) to take no further action;

(b) when the Deputy Chief Officer is notified under Regulation 37 of the finding that the police officer’s conduct did not amount to misconduct or gross misconduct;

(d) when the Deputy Chief Officer is given a copy of the written statement of the appeal panel’s decision under Regulation 43.

(5) In the case of a designated person, the Deputy Chief Officer may end a suspension –

(a) when the Deputy Chief Officer decides under Regulation 21(1)(b) that no grounds exist for action to be taken by the designated person’s employer under their disciplinary policy or performance policy; or

(b) upon the conclusion of action taken by a designated person’s employer under their disciplinary policy.

(6) Throughout the period that a police officer is suspended, or designated person’s designation is suspended, that person must not, without the Deputy Chief Officer’s consent –

(a) give notice of resignation; or

(b) resign under a notice of resignation given before the suspension.

(7) If a suspended police officer is required to resign under Regulation 36, the police officer must remain suspended during the period of the notice given by the disciplinary person.

(8) If a police officer is suspended or a designated person’s designation is suspended, they are not entitled to be paid an allowance while they are suspended.

(9) If a police officer is suspended or a designated person’s designation is suspended, the police officer or designated person is not entitled to pay in respect of a period when –

(a) they are detained under a sentence of a court in a prison or other institution to which the Prison (Jersey) Law 1957 applies;

(b) they are in custody (whether in prison or elsewhere) between conviction by a court and sentence;

(d) their whereabouts are unknown to the Deputy Chief Officer.

(10) In this Regulation, “allowance” means –

(a) in the case of a police officer, an allowance payable under their terms and conditions of appointment within the meaning of Article 1 of the Police Force Law;

(b) in the case of a designated person, an allowance payable under the terms of their contract of employment.

6 Alleged offences

(1) If the Deputy Chief Officer considers that it can be reasonably inferred that a police officer or designated person may have committed a criminal offence in respect of a complaint, conduct matter or DSI matter, the Deputy Chief Officer must refer the matter to the Solicitor General.

(2) If paragraph (1) applies, the Deputy Chief Officer may, until 1 of the events specified in paragraph (3) occurs –

(a) in the case of a police officer –

(i) suspend or postpone disciplinary action; or

(ii) request the disciplinary person to suspend or postpone disciplinary proceedings; or

(b) in the case of a designated person, direct the designated person’s employer to suspend or postpone action taken under their disciplinary policy.

(3) The events mentioned in paragraph (2) are if the Solicitor General advises that –

(a) criminal proceedings are not to be brought in respect of a complaint, conduct matter or DSI matter; or

(b) criminal proceedings that have been brought are concluded.

(4) The Deputy Chief Officer must inform the police officer or designated person –

(a) of the suspension or postponement of disciplinary action or proceedings; and

(b) that disciplinary action or those disciplinary proceedings may be resumed regardless of –

(i) whether criminal proceedings are brought against the police officer or designated person; and

(ii) the outcome of those criminal proceedings.

(5) The Solicitor General must –

(a) acknowledge receipt of the referral; and

(b) keep the Deputy Chief Officer and the Commission informed about its progress.

(6) The Deputy Chief Officer must, unless the harm test requires otherwise, keep the police officer, or designated person, and complainant informed about the progress of the referral.

Part 2

Initial handling of complaints

7 Initial steps on receipt of complaint

(1) A complaint that relates to a police officer or designated person must be submitted in writing to the Chief Officer.

(2) The Commission may, if it determines that it is in the public interest to do so, bring a matter to the attention of the Chief Officer to be treated as if it were a complaint.

(3) The Chief Officer must –

(a) record the complaint in accordance with Article 16(2) of the Law;

(b) supply a copy of the record of the complaint to –

(i) the complainant; and

(ii) the police officer complained against (if known); and

(c) in accordance with Article 15 of the Law, take steps that appear to the Chief Officer to be appropriate for the purpose of obtaining or preserving evidence relating to the conduct complained about.

(4) The Chief Officer must provide particulars of the complaint to the Deputy Chief Officer and the Commission.

(5) A copy of the record of the complaint supplied under paragraph (3)(b) may be in a form that keeps anonymous the identity of the complainant or another person.[1]

(6) The Chief Officer may decide not to supply a copy of the record if they believe that it might prejudice a criminal investigation or pending criminal proceedings or would otherwise be contrary to the public interest.

(7) But paragraph (6) does not apply if a copy of the record is required to be disclosed for the purposes of another enactment.

(8) If the Chief Officer decides not to supply a copy of the record, they must keep that decision under regular review.

8 Disapplication of procedures under these Regulations

(1) If, following receipt of the particulars of the complaint, the Deputy Chief Officer considers that a complaint fits a description in paragraph (2), the Deputy Chief Officer may, if the Commission agrees –

(a) handle that complaint otherwise than in accordance with these Regulations; or

(b) take no action in relation to it.

(2) The description of complaints referred to in paragraph (1) are as follows –

(a) more than 12 months have elapsed between the incident, or the latest incident giving rise to the complaint, and the making of the complaint and –

(i) no good reason for the delay has been given; or

(ii) it is likely that the delay would cause an injustice;

(b) the matter is already the subject of a complaint made by, or on behalf of, the same complainant;

(c) the complaint does not disclose the name and address of the complainant nor that of an interested person and it is not reasonably practicable to ascertain a name or address;

(d) the identity of the police officer or designated person whose conduct is the subject of the complaint is unknown;

(e) the complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints;

(f) the complaint is repetitious;

(g) the complaint is fanciful;

(h) it is not reasonably practicable to complete an investigation of the complaint or other procedures under these Regulations.

(3) For the purposes of paragraph (2)(f), a complaint is repetitious if any of the following apply –

(a) it concerns substantially the same complaint as a previous complaint made by, or on behalf of, the same complainant;

(b) it contains no fresh allegations that significantly affect the account of the conduct complained about;

(c) no fresh evidence, being evidence that was not reasonably available at the time the previous complaint was made, is tendered in support;

(d) with regard to the previous complaint –

(i) the complaint was resolved by agreed resolution;

(ii) the Commission previously agreed with the Deputy Chief Officer under this Regulation that the complaint may be handled otherwise than in accordance with these Regulations, or that no action needed be taken in relation to it; or

(iii) the complainant gave a notification under Regulation 11 (withdrawn complaints).

(4) For the purposes of paragraph (2)(g), a complaint is fanciful if no reasonable person could lend credence to it.

(5) For the purposes of paragraph (2)(h), it is not reasonably practicable to complete the investigation of a complaint or other procedures under these Regulations –

(a) if it is not reasonably practicable to communicate with the complainant or a person acting on the complainant’s behalf; or

(b) because –

(i) the complainant has refused or failed to make a statement or provide other reasonable assistance for the purposes of the investigation;

(ii) of the lapse of time since the event that is the subject matter of the complaint;

(iii) reasonable enquiries to ascertain the police officer’s or designated person’s last known address or whereabouts have been unsuccessful; or

(iv) reasonable enquiries to ascertain the identity of the police officer or designated person whose conduct is the subject of the complaint have been unsuccessful.

(6) Unless it is not reasonably practicable to do so, the Deputy Chief Officer must write to the complainant at their last known address notifying the complainant that, with the agreement of the Commission, the complaint is to be handled otherwise than in accordance with these Regulations, or that no action is to be taken in relation to it, subject to paragraph (9).

(7) The written notification must set out the Deputy Chief Officer’s reasons.

(8) Despite paragraph (5)(b)(iii) and (iv), the investigation of a complaint, or the conduct of other procedures under these Regulations, may resume if the police officer’s or designated person’s last known address is, or whereabouts are, or their identity is, subsequently ascertained, and it is reasonably practicable to complete the investigation or other procedures despite the lapse of time since the event that is the subject matter of the complaint.

(9) If the investigation of a complaint is, or other procedures are, resumed and completed, a notification given under paragraph (6) does not prevent the Deputy Chief Officer from handling the complaint in accordance with these Regulations.

(10) In this Regulation, a reference to action not being reasonably practicable includes action that does not appear reasonably practicable to take within a period that is reasonable in all the circumstances of the case.

9 Agreed resolution of complaints

(1) This Regulation applies if the Deputy Chief Officer is provided with the particulars of a complaint under Regulation 7(4).

(2) The Deputy Chief Officer must determine whether the complaint may be resolved by agreed resolution.

(3) For the purposes of these Regulations, “agreed resolution” means the handling of a complaint in accordance with a procedure, approved by the Deputy Chief Officer, that does not involve a misconduct investigation.

(4) A determination that a complaint can be resolved by agreed resolution must not be made unless the Deputy Chief Officer is satisfied that the conduct complained about (if proved) –

(a) would not justify bringing criminal proceedings or disciplinary action against the police officer;

(b) would, in the case of a police officer, be unlikely to result –

(i) in a final written warning;

(ii) in dismissal; or

(iii) in a requirement to resign from the Force; or

(5) If the Deputy Chief Officer determines that the complaint can be resolved by agreed resolution, the Deputy Chief Officer must appoint a police officer to handle the agreed resolution of the complaint (the “handling officer”).

(6) The handling officer must –

(a) be of at least the rank of inspector, or of an equivalent or higher rank if they are a police officer serving in a police force of another jurisdiction; and

(b) not otherwise be involved in the complaint.

(7) If, in the case of a police officer, the police officer complained against is of a higher rank than inspector, the handling officer must be of –

(a) the same rank or 1 rank higher; or

(b) an equivalent or higher rank if they serve in a police force of another jurisdiction.

(8) If it appears to the handling officer that the complaint has already been satisfactorily dealt with by the time they come to deal with it, they may, subject to any representation made by the complainant, treat the complaint as having been resolved by agreed resolution.

(9) The handling officer must, as soon as reasonably practicable, give the complainant and the police officer complained against an opportunity to comment on the complaint.

(10) Unless the police officer complained against has agreed to apologise, the handling officer must not, for the purpose of the agreed resolution of a complaint, tender on behalf of the police officer an apology for that officer’s conduct.

(11) When the procedure for agreed resolution has reached its conclusion, the handling officer must, as soon as reasonably practicable, record the outcome and provide a copy of the record of the outcome (“record”) to the Deputy Chief Officer.

(12) As soon as reasonably practicable after receiving the copy of the record, the Deputy Chief Officer must provide a copy of it, together with an explanation of whether further action under these Regulations is proposed, to –

(a) the complainant;

(b) any interested person; and

(13) At the time of providing a copy of the record, the Deputy Chief Officer must also notify the complainant in writing –

(a) of the complainant’s right to request the Commission to review the outcome of the agreed resolution under Regulation 10; and

(b) of the requirements specified in Regulation 38(2) (general provisions about reviews and appeals) for requesting a review.

10 Review of outcome of agreed resolution procedure

(1) If a complainant requests the Commission to review the outcome of a complaint dealt with by agreed resolution, the Commission must –

(a) as soon as reasonably practicable, notify the Deputy Chief Officer of the request for a review, and may ask the Deputy Chief Officer to provide information the Commission considers necessary for the purposes of the review;

(b) determine, as soon as reasonably practicable, whether the outcome of the agreed resolution is a reasonable outcome; and

(c) if it determines that the outcome is not reasonable in all the circumstances of the case, request the Deputy Chief Officer to carry out a preliminary assessment.

(2) The Commission must notify the Deputy Chief Officer, the complainant and the police officer complained against of its determination, with reasons.

(3) The Deputy Chief Officer must give due regard to a request made under paragraph (1)(c).

(4) The Commission may decide not to notify the police officer complained against of a request made under paragraph (1)(c) if it is of the opinion that to do so might prejudice a criminal investigation or pending criminal proceedings or would otherwise be contrary to the public interest.

11 Withdrawn complaints

(1) Paragraph (2) applies if the Deputy Chief Officer receives written notification signed by a complainant, or by a person acting on the complainant’s behalf, to the effect –

(a) that the complainant withdraws the complaint; or

(b) that the complainant does not wish further steps to be taken in respect of the complaint.

(2) The Deputy Chief Officer must immediately record the withdrawal, or the fact that the complainant does not wish further steps to be taken and, unless paragraph (5) applies, these Regulations cease to apply.

(3) If a complainant indicates that they wish to withdraw the complaint or do not wish further steps to be taken in relation to the complaint but fails to provide a written notification to that effect signed by the complainant, or on the complainant’s behalf, the Deputy Chief Officer must write to the complainant to seek confirmation of the complainant’s wishes.

(4) If the complainant fails to reply within a period of 28 days beginning with the day after the date of the Deputy Chief Officer’s written communication to the complainant under paragraph (3), the Deputy Chief Officer must –

(a) treat the indication given under paragraph (3) as though it had been received in writing signed by the complainant; and

(b) record the complaint as withdrawn, or that the complainant does not wish further steps to be taken.

(5) Despite receiving a written notification or treating an indication as if it had been received in writing, the Deputy Chief Officer may nevertheless determine that it is in the public interest for the complaint to be treated as a conduct matter instead, and assess the conduct under Regulation 12.

(6) The Deputy Chief Officer must, unless the harm test requires otherwise, notify the police officer complained against if –

(a) the complaint has been withdrawn or the complainant does not wish further steps to be taken in relation to the complaint; or

(b) the Deputy Chief Officer determines that a complaint is to be treated as a conduct matter instead.

(7) The Deputy Chief Officer must provide a copy of that notification to –

(a) the complainant;

(b) the Chief Officer; and

Part 3

preliminary assessment and misconduct investigation

12 Preliminary assessment

(1) This Regulation applies if –

(a) the Deputy Chief Officer determines that a complaint is not suitable for dealing with by agreed resolution;

(b) it has not proved possible to reach an outcome by agreed resolution;

(c) during the course of an agreed resolution, it appears that the complaint is not suitable for dealing with by way of that procedure;

(d) the Deputy Chief Officer receives a report or allegation about a conduct matter; or

(e) the Commission has determined that the outcome is not reasonable in all the circumstances of the case under Regulation 10(1)(c).

(2) The Deputy Chief Officer must assess whether the conduct that is the subject matter of the complaint, report or allegation, if proved, would amount to misconduct, gross misconduct or neither.

(3) If the Deputy Chief Officer assesses that the conduct, if proved, would amount to misconduct or gross misconduct, a misconduct investigation must be carried out.

(4) If the Deputy Chief Officer assesses that the conduct, if proved, would amount to neither misconduct nor gross misconduct, they must then further assess whether the conduct, if proved, would amount to practice requiring improvement.

(5) No further assessment under paragraph (4) may be made in the case of a former police officer or former designated person.

(6) If the Deputy Chief Officer assesses that the conduct, if proved, would amount to practice requiring improvement, they must refer the matter to be dealt with under the reflective practice review process.

(7) If the Deputy Chief Officer assesses that the conduct, if proved, would not amount to practice requiring improvement, they must determine whether –

(a) to refer the matter to be dealt with as a performance matter; or

(b) to take no further action.

(8) Before making a further assessment under paragraph (4) or a determination under paragraph (7)(a) the Deputy Chief Officer must consult the police officer’s or designated person’s line manager, unless they consider it would be prejudicial to do so.

(9) The Deputy Chief Officer must notify, in writing, the complainant, the police officer or the designated person, and the employer of the designated person, as soon as reasonably practicable, of the Deputy Chief Officer’s further assessment under paragraph (4) or determination under paragraph (7), and –

(a) give reasons; and

(b) explain the action to be taken, if any.

(10) At the time of giving the notification under paragraph (9), the Deputy Chief Officer must also notify the complainant in writing –

(a) of the complainant’s right to request the Commission to review a further assessment under paragraph (4) or determination under paragraph (7); and

(b) of the requirements specified in Regulation 38(2) (general provisions about reviews and appeals) for making a request.

(11) If the Deputy Chief Officer considers it appropriate to do so, they may revise their assessment under paragraph (2) of the conduct that is the subject matter of the complaint, report or allegation –

(a) in the case of a police officer, at any time before the start of disciplinary proceedings; or

(b) in the case of a designated person, at any time before action is taken by the designated person’s employer under their disciplinary policy or performance policy.

13 Review of assessment or determination under Regulation 12(4) or (7)

(1) If a complainant requests the Commission to review an assessment or determination under Regulation 12(4) or (7), the Commission must –

(a) as soon as reasonably practicable, notify the Deputy Chief Officer of the request for a review, and may ask the Deputy Chief Officer to provide further information the Commission considers necessary for the purposes of conducting the review;

(b) determine, as soon as reasonably practicable, whether the assessment or determination is reasonable; and

(c) if it determines that the assessment or determination in question is not reasonable in all the circumstances of the case, request the Deputy Chief Officer to reconsider it.

(2) The Commission must notify the Deputy Chief Officer, the complainant and the person complained against of its determination, with reasons, and request a reconsideration, if necessary.

(3) The Deputy Chief Officer must give due regard to a request made under paragraph (1)(c).

(4) However, the Commission may decide not to notify the person complained against of a request made under paragraph (1)(c) if it is of the opinion that to do so might prejudice a criminal investigation or pending criminal proceedings or would otherwise be contrary to the public interest.

14 Appointment of investigator

(1) This Regulation applies if a misconduct investigation is to be carried out.

(2) The Deputy Chief Officer must appoint a person to investigate the conduct that is the subject matter of the complaint, report or allegation (the “investigator”) who –

(a) may be a police officer –

(i) who must be of an equivalent or superior rank to the person being investigated;

(ii) who does not work with or manage the person being investigated; and

(iii) who must have an appropriate level of knowledge, skills and experience to plan and manage the misconduct investigation;

(b) may be a police officer serving in a police force of another jurisdiction –

(i) who must be of an equivalent or superior rank to the person being investigated; and

(ii) who must have an appropriate level of knowledge, skills and experience to plan and manage the misconduct investigation; or

(i) who does not work with or manage the person being investigated; and

(ii) who must have an appropriate level of knowledge, skills and experience to plan and manage the misconduct investigation.

(3) If the matter was initially dealt with by agreed resolution, the handling officer is disqualified for appointment under paragraph (2).

(4) The Deputy Chief Officer must consult the Commission before appointing a person under paragraph (2), and no appointment is to be made unless the Commission approves the person whom the Deputy Chief Officer proposes to appoint as investigator.

(5) The Commission may recommend that the Deputy Chief Officer appoint an investigator who is a police officer serving in a police force of another jurisdiction.

15 Purpose of misconduct investigation

The purpose of a misconduct investigation is to –

(a) gather evidence to establish the facts and circumstances of the alleged misconduct or gross misconduct; and

(b) assist the Deputy Chief Officer to establish if there is a case to answer in respect of misconduct or gross misconduct or if there is no case to answer.

16 Written notices

(1) The investigator must, as soon as reasonably practicable after being appointed, and subject to paragraph (3), give the police officer or designated person a written notice that confirms that there is to be a misconduct investigation into the matter and –

(a) states the identity of the investigator;

(b) describes the conduct that is the subject matter of the allegation or complaint and explains how that conduct is alleged to have contravened the Professional Standards;

(i) in the case of a police officer, would amount to misconduct or gross misconduct; or

(ii) in the case of a designated person, would result in action under the designated person’s employer’s disciplinary policy or performance policy;

(d) states, in the case of a police officer, if the matter were to be referred to disciplinary proceedings, whether those would be likely to be either a disciplinary meeting or a disciplinary hearing and the reason for this;

(e) confirms that, in the case of a police officer, if the likely form of the disciplinary proceedings (notified under sub-paragraph (d)) changes, further notice (with reasons) must be given;

(f) informs the police officer or designated person that they have the right to seek advice from their staff association or another body, and states the effect of Regulation 55 (police friend); and

(g) states the effect of Regulation 17 (representations and documents provided to investigator) and, in the case of a police officer, the effect of Regulation 56 (legal representation).

(2) If, after giving the notice, the Deputy Chief Officer revises their assessment of the conduct in accordance with Regulation 12(11) or, in the case of a police officer, their determination of the likely form of the disciplinary proceedings, the investigator must, as soon as reasonably practicable –

(a) in the case of a police officer –

(i) give them a further written notice of the assessment that the conduct, if proved, would amount to misconduct or gross misconduct, and the reason for that assessment; and

(ii) state whether, if the case were to be referred to disciplinary proceedings, those would be likely to be a disciplinary meeting or a disciplinary hearing, and the reason for this; or

(b) in the case of a designated person, give them a further written notice of the assessment that the conduct, if proved, would result in action under the designated person’s employer’s disciplinary policy or performance policy.

(3) The requirement to give a written notice to the police officer or designated person does not apply for so long as the investigator considers that giving a notice might prejudice the misconduct investigation or another investigation (including, in particular, a criminal investigation).

(4) Once a written notice has been given in accordance with paragraph (1) or (2), the investigator must notify the police officer or designated person of the progress of the misconduct investigation –

(a) if there has been no previous notification following the giving of the written notice under paragraph (1) or (2), before the end of 4 weeks beginning with the first working day after the start of the misconduct investigation; and

(b) in any other case, before the end of 4 weeks beginning with the first working day after the previous notification.

(5) Copies of all written notices given by the investigator under this Part must also be provided to the Commission.

17 Representations and documents provided to investigator

(1) Before the end of 10 working days beginning with the first working day after which a notice is given under Regulation 16(1) (unless this period is extended by the investigator) –

(a) the police officer or designated person may provide the investigator with a written or oral statement relating to a matter under investigation; and

(b) the police officer or designated person or the officer’s or designated person’s police friend may provide the investigator with any relevant document.

(2) The investigator must, as part of the misconduct investigation, consider the statement or document (if provided) and make a record –

(a) of having received it, if delivered in writing; or

(b) of the statement, if delivered orally, agreed by the police officer or designated person who made it.

(3) Until the misconduct investigation is concluded, the investigator must obtain and preserve evidence relating to the complaint or conduct matter, in accordance with the arrangements maintained by the Deputy Chief Officer under Article 13(1)(c) of the Law.

(4) In this Regulation, “relevant document” –

(a) means a document relating to a matter under investigation; and

(b) includes a document containing suggestions about lines of inquiry to be pursued or witnesses to be interviewed.

18 Timeliness of misconduct investigation

(1) If a misconduct investigation is not completed within a relevant period, the Deputy Chief Officer must, subject to paragraph (3), provide as soon as reasonably practicable the following information in writing to the Commission –

(a) the date on which the allegation or complaint came to the attention of the Chief Officer;

(b) the date on which notice was given under Regulation 16(1);

(d) an estimate of when –

(i) the misconduct investigation will be concluded; and

(ii) a report will be submitted under Regulation 20;

(e) the reason for the length of time taken by the misconduct investigation; and

(f) a summary of planned steps to progress the misconduct investigation and bring it to a conclusion.

(2) For the purposes of this Regulation, each of the following is a “relevant period” –

(a) the first relevant period is the period of 12 months beginning with the day on which the allegation or complaint first came to the attention of the Deputy Chief Officer;

(b) each subsequent relevant period is the period of 6 months beginning with the day after the end of the previous relevant period.

(3) The requirement to provide information under paragraph (1) does not apply if it appears to the Deputy Chief Officer that to do so might prejudice the misconduct investigation or another investigation (including a criminal investigation).

(4) The Deputy Chief Officer must, unless the harm test requires otherwise, send a copy of the information provided under paragraph (1) or (2) to the police officer or designated person.

19 Interviews during misconduct investigation

(1) If an investigator wishes to interview the police officer or designated person as part of the misconduct investigation, the investigator must, if reasonably practicable, agree with the police officer a date and time for the interview.

(2) If no date and time is agreed because the police officer or designated person states that they are unfit for interview because of disability or ill-health, they must provide the investigator with a certificate to that effect from a doctor.

(3) If no date and time is agreed, the investigator must specify a date and time for the interview.

(4) If a date and time is specified, the interview must not be postponed unless –

(a) either the police officer or designated person or their police friend is not available at that time; and

(b) the police officer or designated person proposes an alternative time that satisfies paragraph (5).

(5) An alternative time must –

(a) be reasonable; and

(b) fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator.

(6) The police officer or designated person must be given written notice of the date, time and place of the interview.

(7) Unless paragraph (2) applies, or the investigator is satisfied that the police officer or designated person has given a reasonable excuse, failure to attend the interview may be treated as a conduct matter for failure to comply with orders and instructions as required by the Professional Standards.

(8) The investigator must, in advance of the interview, provide the police officer or designated person with any information the investigator considers appropriate in the circumstances of the case to enable the police officer or designated person to prepare for the interview.

(9) During the interview, a police friend must not answer the questions asked of the police officer or designated person.

(10) An audio recording may be made of the interview and, if a recording is made, the police officer or designated person must be provided with a copy of the recording.

(11) If no audio recording is made, a written record of the interview must be prepared by the investigator and –

(a) a draft of the record must be provided to the police officer or designated person;

(b) the police officer or designated person must be given the opportunity to make written representations in relation to the draft of the record;

(i) consider those written representations and having considered them;

(ii) send a copy of the final written record of the interview, together with a copy of the written representations, if any were made, to the police officer or designated person.

(12) The investigator must, as part of the misconduct investigation, give the complainant or an interested person an opportunity to provide a written or oral statement.

(13) The investigator must consider a statement, if provided, and must make a record –

(a) of having received it, if delivered in writing; or

(b) of the statement, if delivered orally, agreed by the person who made it.

20 Report on misconduct investigation

(1) On completion of a misconduct investigation the investigator must, as soon as reasonably practicable –

(a) submit a written report on the misconduct investigation to the Deputy Chief Officer; and

(b) provide a copy of that report to the Commission.

(2) The written report must –

(a) provide an accurate summary of the evidence;

(b) refer to relevant documents including –

(i) a copy of the audio recording made of the interview under Regulation 19(10) (if one was made);

(ii) a copy of the written record of the interview prepared under Regulation 19(11) (if one was made);

(iii) a copy of a statement provided under Regulation 19(12);

(c) in the case of a police officer, indicate the investigator’s opinion about whether or not there is a case to answer in respect of misconduct or gross misconduct;

(d) if the investigator’s opinion under sub-paragraph (c) is that there is no case to answer, indicate the investigator’s opinion about whether the matter may be referred to be dealt with as a performance matter or under the reflective practice review process; and

(e) in the case of a designated person, indicate the investigator’s opinion about whether grounds exist for action to be taken by the designated person’s employer under the employer’s disciplinary policy or performance policy.

(3) Paragraph (2)(d) does not apply in respect of a former police officer.

21 Action by Deputy Chief Officer in response to misconduct investigation report

(1) On receipt of the investigator’s report and after consultation with the Commission, the Deputy Chief Officer must, as soon as reasonably practicable, determine whether –

(a) in the case of a police officer, the officer has –

(i) a case to answer in respect of misconduct;

(ii) a case to answer in respect of gross misconduct; or

(iii) no case to answer; or

(b) in the case of a designated person, grounds exist for action to be taken by their employer under the employer’s disciplinary policy or performance policy.

(2) In the case of a police officer, the Deputy Chief Officer must refer the case to a disciplinary meeting if they determine that the police officer has a case to answer in respect of misconduct, subject to paragraph (3)(a).

(3) In the case of a police officer, the Deputy Chief Officer must refer the case to a disciplinary hearing if they determine that the police officer has a case to answer in respect of –

(a) misconduct and, at the time the conduct forming the subject matter of the misconduct allegation occurred, the police officer –

(i) was under a final written warning; or

(ii) had been demoted in rank in the previous 18 months; or

(b) gross misconduct.

(4) In the case of a designated person, the Deputy Chief Officer must refer the case to the designated person’s employer if the Deputy Chief Officer determines that grounds exist for the employer to take action under the employer’s disciplinary policy or performance policy.

(5) No case is to be referred to disciplinary proceedings before the Commission has submitted a statement to the Deputy Chief Officer under Regulation 23(4).

(6) If the Deputy Chief Officer determines that the police officer has no case to answer in respect of either misconduct or gross misconduct, the Deputy Chief Officer may –

(a) take no further action; or

(b) refer the matter to be dealt with as a performance matter or under the reflective practice review process.

(7) Paragraph (6)(b) does not apply to a former police officer.

(8) On making a determination under this Regulation, the Deputy Chief Officer must –

(a) provide the Chief Officer with a copy of the investigator’s report; and

(b) notify the following people in accordance with paragraph (9) –

(i) the police officer or designated person;

(ii) the designated person’s employer;

(iii) in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under Article 20 (duty to provide information to other people) of the Law; and

(iv) in the case of a conduct matter, every person entitled to be kept properly informed in relation to the conduct matter under Article 20 of the Law.

(9) The notification must set out –

(a) the findings of the investigator’s report, subject to paragraph (10);

(b) in the case of a police officer, the Deputy Chief Officer’s determination under paragraph (1)(a) and, if the case requires, the referral under paragraph (2) or (6)(b);

(c) in the case of a designated person, the Deputy Chief Officer’s determination under paragraph (1)(b) and, if the case requires, the referral under paragraph (4); and

(d) the reasons for the determination and referral.

(10) Unless the harm test requires otherwise, the Deputy Chief Officer discharges the duty to give a person mentioned in paragraph (8)(b) notification of the findings of the investigator’s report under paragraph (9)(a) by sending the person –

(a) a copy of the investigator’s report; or

(b) a part of the investigator’s report that relates to the police officer or designated person.

(11) A copy of the investigator’s report, or part of it, if provided under paragraph (10) may be in a form that keeps anonymous the identity of the complainant or of another person.

Part 4

Supervision of misconduct investigations by Commission

22 Supervision of misconduct investigations

(1) The Commission –

(a) must supervise –

(i) misconduct investigations conducted under Part 3; and

(ii) the misconduct investigation of a DSI matter, complaint or conduct matter notified under Article 18 (investigation of DSI matters and complaints or conduct matters where death or serious injury has occurred) of the Law;

(b) may supervise the misconduct investigation of specified conduct matters notified under Regulation 58 (notification of conduct matters to Commission).

(2) The Commission may supervise the misconduct investigation of a matter not falling within paragraph (1) if it appears to the Commission to be desirable in the public interest to do so.

(3) If the Commission decides to supervise a misconduct investigation under paragraph (2), it must notify the Deputy Chief Officer of its decision.

(4) The Commission may treat a complaint that comes to its attention otherwise than under paragraph (1) as having been made to the Commission.

(5) If paragraph (4) applies, the Commission must notify the following people of the complaint –

(a) the Deputy Chief Officer;

(b) the complainant; and

(c) the person complained against unless it appears to the Commission that to do so might prejudice the misconduct investigation of the complaint (whether an existing investigation or a possible future one).

(6) If the Deputy Chief Officer receives a notification under paragraph (5) and the complaint has not yet been recorded, the Deputy Chief Officer must provide the Chief Officer with a copy of that notification and the Chief Officer must then record that complaint as if it were a complaint submitted under Regulation 7.

23 Commission’s statement in relation to investigator’s report

(1) After considering a report submitted under Regulation 20(1), the Commission must prepare a statement confirming whether the misconduct investigation was or was not conducted to the Commission’s satisfaction and give reasons for its determination.

(2) The Commission may also make recommendations to the Deputy Chief Officer for improvements to policy or practice arising from the misconduct investigation.

(3) The Commission may prepare separate statements about the criminal and misconduct aspects of a misconduct investigation.

(4) The Commission must submit the statement to –

(a) the Deputy Chief Officer; and

(b) the Solicitor General if the statement is in respect of a criminal allegation.

(5) Unless it is impracticable to do so, the Commission must send a copy of a statement under paragraph (1) –

(a) to the police officer or designated person whose conduct has been investigated; and

(b) if the misconduct investigation related to a complaint, the complainant.

(6) If the Commission makes recommendations, a copy of those recommendations must also be sent to the people mentioned in paragraph (5).

24 Abandonment of supervised misconduct investigation by the Commission

(1) If it appears to the Commission that there is no cause to continue to supervise a misconduct investigation , the Commission must notify the following people of its decision to abandon its supervision of the misconduct investigation –

(a) the Deputy Chief Officer;

(b) the complainant;

(d) an interested person.

(2) The notification must include the Commission’s reasons for its decision.

Part 5

Disciplinary proceedings

25 People conducting disciplinary proceedings

(1) If the Deputy Chief Officer refers a case to a disciplinary meeting, the disciplinary meeting must be conducted by a police officer (the “disciplinary officer”) who is appointed by the Deputy Chief Officer and who is –

(a) not the Chief Officer (or Deputy Chief Officer);

(b) of at least the rank of chief inspector and 1 rank higher than the police officer who is the subject of the disciplinary proceedings; or

(c) a police officer of the equivalent rank of chief inspector and 1 rank higher than the police officer who is the subject of the disciplinary proceedings, serving in a police force of another jurisdiction.

(2) If the Deputy Chief Officer refers a case to a disciplinary hearing, the disciplinary hearing must be conducted by a panel of 3 people specified in paragraph (3) (the “disciplinary panel”), who are appointed by the Deputy Chief Officer after consultation with the Commission.

(3) Those people are –

(a) a chair selected by the Deputy Chief Officer who –

(i) may be the Chief Officer (but not the Deputy Chief Officer), or is a police officer of at least the rank of chief inspector and 1 rank higher than the police officer who is the subject of the disciplinary proceedings; or

(ii) is an equivalent Chief Officer, or a police officer of the equivalent rank of chief inspector and 1 rank higher than the police officer who is the subject of the disciplinary proceedings, serving in a police force of another jurisdiction;

(b) a legally qualified person who is not a police officer or a States’ employee and who is selected from a list maintained by the Jersey Police Authority for the purposes of these Regulations; and

(4) The disciplinary officer or chair must not have an interest in the case that could reasonably give rise to a concern about whether they are able to act impartially in relation to the disciplinary proceedings.

(5) The police officer who is the subject of the disciplinary proceedings may object to an appointment under this Regulation.

(6) An objection under paragraph (5) must be made not later than 3 working days after receipt of the notice given under Regulation 27(1)(a) and must indicate the police officer’s reasons for objecting.

(7) The Deputy Chief Officer must decide whether to uphold an objection and must –

(a) notify the police officer who is the subject of the disciplinary proceedings in writing of the decision; and

(b) if the objection is upheld –

(i) make a new appointment in accordance with this Regulation; and

(ii) notify the police officer in writing of the name of the person appointed.

26 Notice of referral to disciplinary proceedings

(1) If a case is referred to disciplinary proceedings, the Deputy Chief Officer must, as soon as reasonably practicable, and in any event not less than 21 working days before the date of the disciplinary proceedings, give the police officer –

(a) written notice of –

(i) the referral;

(ii) the conduct that is the subject matter of the case and how that conduct is alleged to amount to misconduct or gross misconduct;

(iii) the name of the presiding person;

(iv) in the case of a referral to a disciplinary hearing, the names of the other members of the disciplinary panel; and

(v) the right –

(A) to be legally represented at a disciplinary hearing; or

(B) to seek advice from the police officer’s staff association or another body, or to choose a person to act as police friend under Regulation 55;

(b) a copy of any statement made by the police officer to the investigator during the course of the misconduct investigation; and

(c) if not already sent to the police officer under Regulation 21(10), unless the harm test requires otherwise, a copy of –

(i) the investigator’s report or a part of the report that relates to the police officer (together with any document attached to or referred to in that report that relates to the police officer); and

(ii) any other document gathered during the course of the misconduct investigation that, in the opinion of the Deputy Chief Officer, is relevant to the case the police officer must answer.

(2) A copy of the written notice described in paragraph (1)(a) must also be provided to the Chief Officer and the Commission.

27 Procedure on receipt of notice

(1) The police officer must comply with paragraphs (2) and (3) before the end of –

(a) 10 working days beginning with the first working day after the documents have been given to the police officer under Regulation 26(1); or

(b) if that period is extended by the presiding person for exceptional circumstances, the extended period.

(2) The police officer must provide to the Deputy Chief Officer –

(a) written notice of whether the police officer accepts that their conduct amounts to misconduct or gross misconduct;

(b) if the police officer accepts that their conduct amounts to misconduct or gross misconduct, a written submission by the officer containing any mitigating factors; and

(c) if the police officer does not accept that their conduct amounts to misconduct or gross misconduct, or the police officer disputes part of the case against them, written notice of –

(i) the allegations the police officer disputes and their account of the relevant events; and

(ii) arguments on points of law the police officer wishes to be considered by the disciplinary person.

(3) The police officer must provide the Deputy Chief Officer with a copy of any document the officer intends to rely on at the disciplinary proceedings.

(4) Before the end of 3 working days beginning with the first working day after the date on which the police officer has complied with paragraph (2), the Deputy Chief Officer and the police officer must –

(a) each supply to the other a list of proposed witnesses that includes brief details of the evidence that each witness is able to give; or

(b) give notice that they do not propose any witnesses.

(5) If there are proposed witnesses, the police officer must, if reasonably practicable, agree a list of proposed witnesses with the Deputy Chief Officer.

28 Witnesses

(1) As soon as reasonably practicable after a list of proposed witnesses has been agreed under Regulation 27, the Deputy Chief Officer must provide that list to the presiding person.

(2) The presiding person must –

(a) consider the list of proposed witnesses; and

(b) determine which witnesses must attend the disciplinary proceedings.

(3) A witness must not give evidence in disciplinary proceedings unless the presiding person reasonably believes that it is necessary for the witness to do so in the interests of justice.

(4) The presiding person must give the witness written notice that they are required to attend the disciplinary proceedings on the date, and at the time and place, specified in the notice.

29 Timing and notice of disciplinary proceedings

(1) Disciplinary proceedings must take place not later than 21 working days after the first working day after the documents have been given to the police officer under Regulation 26(1).

(2) However, the presiding person may extend the period specified in paragraph (1) if they consider that it would be in the interests of justice to do so.

(3) If the presiding person decides to extend the period, or decides not to do so following representations from the police officer or the Deputy Chief Officer, the presiding person must provide written notification of their reasons for that decision to the Deputy Chief Officer and the police officer.

(4) The presiding person must, if reasonably practicable, agree with the police officer a date and time for the disciplinary proceedings.

(5) If no date and time is agreed, the presiding person must specify a date and time for the proceedings.

(6) If a date and time is specified, the disciplinary proceedings must not be postponed unless –

(a) either the police officer or their police friend is not available at that time; and

(b) the police officer proposes an alternative time that satisfies paragraph (7).

(7) An alternative time must –

(a) be reasonable; and

(b) fall before the end of 5 working days beginning with the first working day after the day specified by the presiding person under paragraph (5).

(8) The presiding person must give the police officer written notice that they are required to attend the disciplinary proceedings on the date, and at the time and place, specified in the notice.

(9) If the Commission is entitled to attend the disciplinary proceedings to make representations under Regulation 33(1), or to nominate a person to attend the proceedings as an observer under Regulation 32(2)(b), the presiding person must give the Commission written notice of the date, time and place of the disciplinary proceedings.

30 Procedure at disciplinary proceedings

(1) The presiding person determines the procedure at disciplinary proceedings.

(2) The presiding person must permit –

(a) the police officer who is the subject of the proceedings, or a person representing the police officer, to make representations;

(b) evidence to be heard from any witnesses required to attend the proceedings in accordance with Regulation 28; and

(c) the police officer, or another person representing that police officer, to ask questions of a witness, subject to paragraph (6).

(3) The presiding person may adjourn the proceedings if it appears to be necessary or expedient to do so.

(4) The disciplinary proceedings must not, except in exceptional circumstances, be adjourned solely to allow the complainant, a witness or interested person to attend.

(5) A person representing the police officer may –

(a) address the disciplinary person to do any of the following –

(i) put the police officer’s case forward;

(ii) sum up the case;

(iii) respond on behalf of the officer to a view expressed during the proceedings;

(iv) make representations concerning an aspect of the proceedings under these Regulations;

(v) ask questions of witnesses, subject to paragraph (6); and

(b) confer with the officer.

(6) If a question put to a witness is challenged or objected to, the presiding person must determine whether the question may be put.

(7) The police officer’s police friend or legal representative must not answer questions put to the police officer during the disciplinary proceedings.

(8) The presiding person may allow a document to be considered at the disciplinary proceedings even if a copy of the document has not been provided –

(a) by the police officer to the Deputy Chief Officer in accordance with Regulation 27(3); or

(b) to the police officer in accordance with Regulation 26.

(9) The presiding person may, with the agreement of the police officer, permit the admission of written statements instead of oral evidence.

(10) An audio recording may be made of the disciplinary proceedings and, if a recording is made, the police officer must be provided with a copy of that recording as soon as reasonably practicable after the conclusion of the proceedings.

(11) If no audio recording is made, a word for word contemporaneous written record of the disciplinary proceedings must be prepared and –

(a) the presiding person must, as soon as reasonably practicable after the conclusion of the proceedings, provide a draft of that record to the police officer;

(b) the police officer must be given the opportunity to make representations in relation to that draft;

(d) having considered those representations (if any), the presiding person must, as soon as reasonably practicable, provide a copy of the final written record of the proceedings to the police officer.

31 Attendance of police officer at disciplinary proceedings

(1) The police officer who is the subject of disciplinary proceedings must attend those proceedings.

(2) But if the police officer informs the presiding person in advance of the disciplinary proceedings that they are unable to attend, the presiding person may, if satisfied that the police officer has reasonable grounds for being unable to attend, permit the police officer to participate in the proceedings by video link or other suitable means.

(3) If the police officer is represented, the person representing the officer or the officer’s police friend (if different), or both, may participate using a video link or other suitable means –

(a) if those means are also used by the police officer; or

(b) if they are unable to attend the disciplinary proceedings in person to represent the police officer.

(4) Disciplinary proceedings may be proceeded with and concluded in the police officer’s absence regardless of whether the police officer –

(a) informed the presiding person in advance of their absence under paragraph (2); or

(b) is represented.

32 Attendance of third parties

(1) Disciplinary proceedings must be held in private.

(2) But if disciplinary proceedings have arisen from a complaint –

(a) the presiding person may –

(i) inform the complainant of the date, time and place of the disciplinary proceedings; and

(ii) permit the complainant to attend, as an observer, the disciplinary proceedings or any part of the disciplinary proceedings the presiding person considers appropriate;

(b) the Commission may nominate a person to attend as an observer.

(3) Paragraph (4) applies if disciplinary proceedings arise from a complaint and the Commission has requested the presiding person to hold the disciplinary proceedings in public because –

(a) of the gravity of the case or other exceptional circumstances; and

(b) the Commission considers it would be in the public interest to do so.

(4) If this paragraph applies, the presiding person may direct that the whole or part of the disciplinary proceedings be held in public having first consulted –

(a) the Deputy Chief Officer;

(b) the police officer;

(d) any witnesses required to attend the proceedings under Regulation 28.

(5) A direction, together with the reasons for it, must be notified to the people consulted under paragraph (4) as soon as reasonably practicable and in any event before the end of 5 working days beginning with the first working day after the direction was notified.

(6) If a witness is giving evidence, the presiding person may allow other people to attend the disciplinary proceedings if reasonable because of special circumstances.

(7) If a child is giving evidence, an appropriate adult (within the meaning given in Code C of the Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004) must be permitted to attend.

(8) The presiding person may, with the agreement of the police officer, allow other people to attend the disciplinary proceedings.

(9) Paragraphs (2) to (8) do not apply to any part of the disciplinary proceedings during which the determination under Regulation 21 (action by Deputy Chief Officer in response to misconduct investigation report) or a disciplinary sanction is being considered.

(10) The presiding person may impose any conditions they see fit on the attendance of people at the disciplinary proceedings (including circumstances in which they may be excluded) to facilitate the proper conduct of the disciplinary proceedings.

33 Participation of Commission and investigator at disciplinary proceedings

(1) In disciplinary proceedings arising from a complaint –

(a) the Commission may make written representations to the disciplinary person; or

(b) a member of the Commission may attend the disciplinary proceedings and, at the invitation of the presiding person, may make representations at those proceedings.

(2) The investigator or a nominated person must attend the disciplinary proceedings at the request of the presiding person to answer questions.

(3) For the purposes of this Regulation, a “nominated person” is a person who, in the opinion of the Deputy Chief Officer, has sufficient knowledge of the misconduct investigation of the case to be able to assist the disciplinary person.

34 Exclusion from disciplinary proceedings

(1) If it appears to the presiding person that a person might, in giving evidence, disclose information that should not be disclosed to other people attending the proceedings (other than the police officer who is the subject of the proceedings or an interested person) because it is information to which paragraph (2) applies, the presiding person must require those attendees to withdraw while the evidence is given.

(2) This paragraph applies to information in so far as the presiding person considers that preventing its disclosure to an attendee is –

(a) necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, criminal proceedings;

(b) necessary in the interests of national security;

(d) necessary for the purpose of the prevention or detection of misconduct by other police officers or civilian members of the Force’s staff;

(e) necessary and proportionate for the protection of the welfare and safety of an informant or witness; or

(f) otherwise in the public interest.

35 Finding of misconduct or gross misconduct

(1) The disciplinary person must review the facts of the case and decide whether the police officer’s, or former police officer’s, conduct amounts to misconduct, gross misconduct or neither.

(2) If a disciplinary sanction is being considered, the disciplinary person –

(a) must have regard to the police officer’s service record as shown on their personal record kept under Article 10 of the States of Jersey Police Force (General Provisions) (Jersey) Order 2016;

(b) may receive evidence from a witness whose evidence will, in the disciplinary person’s opinion, assist in their determination of the police officer’s conduct; and

(c) must give the police officer, their police friend (if any) and, at a disciplinary hearing their legal representative (if any) an opportunity to make oral or written representations before the police officer’s conduct is decided under paragraph (1).

(3) The disciplinary person must not find that conduct amounts to misconduct or gross misconduct unless –

(a) they are satisfied on the balance of probabilities that it does; or

(b) the police officer admits misconduct or gross misconduct.

(4) At a disciplinary hearing, the disciplinary panel’s finding must be arrived at by simple majority and no indication is to be given about whether the finding was arrived at unanimously or by majority.

36 Disciplinary sanctions

(1) If the disciplinary person finds that a police officer’s conduct –

(a) amounts to misconduct or gross misconduct, the disciplinary person must order a disciplinary sanction set out in this Regulation; or

(b) amounts to neither misconduct nor gross misconduct, the disciplinary person may direct that the matter is referred to be dealt with under the reflective practice review process.

(2) If, at a disciplinary meeting, the disciplinary officer finds that a police officer’s conduct amounts to misconduct, the disciplinary officer may order 1 of the following disciplinary sanctions –

(a) a written warning;

(b) a final written warning.

(3) If, at a disciplinary hearing, the disciplinary panel finds that a police officer’s conduct amounts to misconduct, the disciplinary panel may order 1 of the following disciplinary sanctions –

(a) a written warning;

(b) a final written warning;

(d) dismissal with or without notice if a final written warning was in force on the date of the preliminary assessment;

(e) a requirement to resign as an alternative to dismissal if a final written warning was in force on the date of the preliminary assessment.

(4) If, at a disciplinary hearing, the disciplinary panel finds that a police officer’s conduct amounts to gross misconduct, the disciplinary panel may, subject to paragraph (5), order 1 of the following disciplinary sanctions –

(a) a written warning;

(b) a final written warning;

(d) dismissal with or without notice;

(e) a requirement to resign as an alternative to dismissal.

(5) If, at a disciplinary hearing, the disciplinary panel finds that a police officer’s conduct amounts to gross misconduct and a final written warning was in force on the date of the preliminary assessment, the Panel must order 1 of the following disciplinary sanctions –

(a) dismissal with or without notice;

(b) a requirement to resign as an alternative to dismissal.

(6) A disciplinary sanction takes effect from the date on which the police officer is notified of it under Regulation 37.

(7) A written warning remains in force for 18 months beginning with the date on which the police officer is notified of it.

(8) Unless paragraph (9) applies, a final written warning remains in force for 2 years beginning with the date on which the police officer is notified of it.

(9) If the disciplinary person considers that exceptional circumstances apply, they may order that a final written warning remains in force for a period of more than 2 years up to a maximum of 5 years beginning with the date on which the police officer is notified of it.

(10) If the disciplinary person orders dismissal with notice or a requirement to resign, the disciplinary person must decide the period of notice to be given, subject to a minimum period of 28 days.

(11) This Regulation does not apply to a former police officer.

37 Notification of finding after disciplinary proceedings

(1) The presiding person must, as soon as reasonably practicable after the conclusion of the disciplinary proceedings, but in any event not later than 10 working days after the date of conclusion of those proceedings, notify the people listed in paragraph (2), in writing of –

(a) the finding that the police officer’s conduct amounts to misconduct, gross misconduct or neither;

(b) the reasons for the finding; and

(c) the disciplinary sanction ordered, or direction given that the matter be dealt with under the reflective practice review process.

(2) The people to whom the written notification must be given are –

(a) the police officer;

(b) if the disciplinary proceedings arose from a complaint, the complainant and an interested person, subject to paragraph (5);

(d) the Commission.

(3) The written notification must –

(a) if a written warning or final written warning is ordered, explain the effect of its duration under Regulation 36(6) or (7) in relation to any future disciplinary proceedings;

(b) if there is a finding of misconduct or gross misconduct, include notice –

(i) of the police officer’s (or former police officer’s) and complainant’s right to appeal to the Commission in accordance with Regulations 38 and 39; and

(ii) that if an appeal is to be made, it must be submitted to the Commission.

(4) Paragraphs (1)(c) and (3)(a) do not apply in respect of a former police officer.

(5) The written notification given to a person mentioned in paragraph (2)(b) is subject to the harm test if it is found that the police officer’s conduct or former police officer’s conduct did not amount to misconduct or gross misconduct.

(6) After the written notification has been given to the people mentioned in paragraph (2), the Deputy Chief Officer may, unless the harm test requires otherwise, publish any of the information contained in that notification.

(7) In this Regulation, “publish” means publish in a manner that is likely to bring the information to the attention of the public.

Part 6

Reviews and disciplinary appeals

38 General provisions about reviews and appeals

(1) This Regulation applies in respect of –

(a) Regulation 10 (review of outcome of agreed resolution procedure);

(b) Regulation 13 (review of assessment or determination under Regulation 12(4) or (7)); and

(2) A request for a review or an appeal under the Regulations specified in paragraph (1) must be made to the Commission in writing –

(a) not later than 28 days after the date of the written notification given under –

(i) Regulation 9(13) (agreed resolution of complaints);

(ii) Regulation 12(10) (preliminary assessment); or

(iii) Regulation 37(1) (notification of finding after disciplinary proceedings); and

(b) state the matters set out in paragraph (4).

(3) But the Commission may extend the period specified in paragraph (2)(a) if it is satisfied that an extension is justified because of the special circumstances of the case.

(4) A request for a review or an appeal must state –

(a) the details of the complaint and the date on which the complaint was made;

(b) the disciplinary person whose decision is the subject of the request for a review or an appeal;

(i) for the request for a review; or

(ii) as required under Regulation 39(3), for the appeal; and

(d) the date on which notification was given under the applicable Regulation specified in paragraph (2).

(5) If the Commission receives a request for a review or an appeal which fails to state 1 or more of the matters listed in paragraph (4), the Commission may, despite that failure but subject to paragraph (6), decide to accept the request or process the appeal, as the case may be.

(6) The Commission must not process an appeal if the grounds required for the appeal are not stated or the matters set out in Regulation 39(4) are not specified.

(7) In this Regulation, “process” means the carrying out by the Commission of the requirements in Regulation 40(2).

39 Appeal from disciplinary proceedings

(1) This Regulation applies if –

(a) it has been found in disciplinary proceedings that the police officer’s conduct amounts to misconduct, gross misconduct or neither; or

(b) the police officer has admitted that their conduct amounts to misconduct or gross misconduct, and a disciplinary sanction has been ordered against them.

(2) If this Regulation applies –

(a) the police officer, or a complainant (if the disciplinary proceedings arose from a complaint), may appeal against a finding of misconduct or gross misconduct;

(b) the police officer or complainant may, in relation to a finding of misconduct or gross misconduct, appeal against the disciplinary sanction ordered;

(d) the complainant may appeal against a finding of no misconduct or no gross misconduct.

(3) An appeal under this Regulation may be made on 1 or more of the following grounds only –

(a) that the finding of misconduct or gross misconduct or the disciplinary sanction ordered is unreasonable;

(b) that the finding of no misconduct or no gross misconduct is unreasonable;

(c) that there is evidence that could not reasonably have been considered at the disciplinary proceedings that could have materially affected –

(i) the finding of misconduct or gross misconduct;

(ii) the finding of no misconduct or no gross misconduct; or

(iii) the decision to order a particular disciplinary sanction;

(d) that there was a serious breach of the procedures set out in these Regulations that could have materially affected the finding or decision.

(4) In addition to the requirements of Regulation 38 –

(a) an appeal by a complainant must specify whether the appeal is against –

(i) a finding of misconduct or gross misconduct, the disciplinary sanction ordered or both the finding and the sanction ordered; or

(ii) a finding of no misconduct or no gross misconduct;

(b) an appeal by a police officer must specify –

(i) whether the appeal is against a finding of misconduct or gross misconduct, the disciplinary sanction ordered or both the finding and the sanction ordered; and

(ii) whether the police officer requests an appeal hearing.

(5) The complainant or police officer must send with the appeal copies of documents or other information that they consider support their appeal.

(6) Despite the generality of paragraph (5), if the complainant or police officer seeks to rely on a ground of appeal specified in paragraph (3)(c), they must submit with the appeal details of the evidence that they consider could have materially affected the disciplinary person’s finding or decision.

(7) Paragraphs (1)(b), (2)(b) and (c) and (3)(c)(iii) do not apply in respect of a former police officer.

(8) Paragraphs (3), (4) and (6) apply in respect of a former police officer but with the following omissions –

(a) in paragraph (3)(a), “or the disciplinary sanction ordered”;

(b) in paragraph (3)(d), “or decision”;

(d) in paragraph (6), “or decision”.

40 Procedure on receipt of appeal and establishment of appeal panel

(1) This Regulation applies if an appeal is made to the Commission under Regulation 39.

(2) Unless Regulation 38(6) applies, the Commission must as soon as reasonably practicable after receipt of the appeal –

(a) notify the Judicial Greffier of the appeal;

(b) request the Judicial Greffier to establish a panel for the purpose of hearing the appeal (the “appeal panel”); and

(i) the Deputy Chief Officer and Chief Officer;

(ii) the police officer; and

(iii) the complainant.

(3) The Judicial Greffier must, as soon as reasonably practicable after receipt of the Commission’s request, establish an appeal panel composed of –

(a) a judge of the Royal Court, who is to preside over the proceedings; and

(b) 2 Jurats.

41 Administration for appeal panel

(1) The Judicial Greffier is to be the clerk to an appeal panel.

(2) Documents or notices required to be given to or by the appeal panel are to be given to or by the Judicial Greffier or an officer of the Judicial Greffe.

42 Appeal procedure

(1) When the appeal panel is established, it must first determine whether the complainant’s or police officer’s appeal sets out arguable grounds of appeal.

(2) If the appeal panel determines that –

(a) the appeal sets out arguable grounds of appeal, it must hold an appeal hearing if the police officer has requested one under Regulation 39(4)(b)(ii); or

(b) the appeal does not set out arguable grounds of appeal, it must dismiss the appeal.

(3) If the police officer has not requested a hearing, or the appeal is made by a complainant, the appeal must be determined on the basis of –

(a) the appeal notified in accordance with Regulations 38 and 39 and the documents provided with that appeal notification;

(b) the audio recording or written record of the disciplinary proceedings; and

(c) notices, submissions or other documents or information provided by the Deputy Chief Officer or the police officer under Regulation 26 or 27.

(4) For the purposes of determining an appeal with or without an appeal hearing, the Commission must provide the appeal panel with the items set out in paragraph (3).

(5) If there is to be an appeal hearing, the following paragraphs of this Regulation apply.

(6) The date, time and place of the appeal hearing must be arranged by the Judicial Greffe and the following people notified –

(a) the police officer;

(b) the Deputy Chief Officer;

(c) the Commission, if the Commission was entitled to attend the disciplinary proceedings to make representations under Regulation 33(1);

(d) the complainant, if the disciplinary proceedings arose from a complaint; and

(e) an interested person, if the disciplinary proceedings arose from a conduct matter.

(7) The appeal hearing is to be conducted in the manner the appeal panel determines.

(8) Despite the generality of paragraph (7) –

(a) the police officer’s police friend must be permitted to attend the hearing;

(b) the police officer’s legal representative (if any) must be permitted to attend the hearing if the disciplinary sanction ordered against the officer was –

(i) demotion;

(ii) dismissal with or without notice; or

(iii) a requirement to resign as an alternative to dismissal;

(c) the police officer (or a person representing the police officer) must be permitted to make oral representations at the hearing;

(d) the complainant or an interested person may attend the appeal hearing as an observer.

(9) Paragraph (8)(b) does not apply in respect of a former police officer.

(10) If the police officer objects to the complainant or an interested person being present while a submission is made in mitigation on the officer’s behalf, the appeal panel may require the complainant or interested person to withdraw while the submission is made.

(11) The appeal panel may impose conditions the panel considers appropriate on the attendance of the complainant or an interested party at the appeal hearing (including circumstances in which they may be excluded) to facilitate the proper conduct of the hearing.

43 Appeal panel decision and notification of decision

(1) The appeal panel must decide whether each ground of appeal that the police officer or complainant relies on has been established and –

(a) confirm or quash a finding of misconduct or gross misconduct under Regulation 35;

(b) confirm or quash a finding of no misconduct or no gross misconduct under Regulation 35;

(d) order a disciplinary sanction that is less severe than that ordered by the disciplinary person;

(e) substitute the disciplinary person’s finding –

(i) of gross misconduct with a finding of misconduct;

(ii) in relation to an appeal by a complainant, of misconduct with a finding of gross misconduct; or

(iii) in relation to an appeal by a complainant, of no misconduct or no gross misconduct with a finding of misconduct or gross misconduct;

(f) if there is a substituted finding under sub-paragraph (d) –

(i) confirm the disciplinary sanction ordered by the disciplinary person if it is an appropriate sanction for the substituted finding; or

(ii) substitute the disciplinary sanction ordered by the disciplinary person with another disciplinary sanction;

(g) if a finding of misconduct or gross misconduct is quashed, order the misconduct allegation to be dealt with as a performance matter;

(h) if, in relation to an appeal by a complainant, a finding of no misconduct or no gross misconduct is quashed, remit the misconduct allegation back to the disciplinary person; or

(i) if the ground of appeal specified in Regulation 39(3)(c) or (d) is found to be established, remit the misconduct allegation back to the disciplinary person.

(2) The appeal panel’s decision must be made by simple majority and no indication is to be given about whether the decision was arrived at unanimously or by majority.

(3) A decision by simple majority must include the decision of the judge of the Royal Court.

(4) Paragraph (1)(c), (d), (f) and (g) does not apply in respect of a former police officer.

(5) The appeal panel must –

(a) prepare a written statement setting out the panel’s decision to allow or dismiss the appeal and the reasons for that decision;

(b) give the statement to the police officer and, if the appeal was made by a complainant, to the complainant; and

(i) the Deputy Chief Officer;

(ii) the Commission; and

(iii) an interested person, if the disciplinary proceedings arose from a conduct matter.

(6) If the disciplinary proceedings appealed against by the police officer arose from a complaint, the Commission must notify the complainant of the outcome of the appeal.

(7) The statement or copy of it given under paragraph (5) or notification under paragraph (6) must be given or notified not more than 10 working days after the date of conclusion of the appeal hearing (if there is one), or the appeal panel’s decision, as the case may be.

(8) But the period specified in paragraph (7) may be extended by a period the panel considers reasonable if there are exceptional circumstances to justify it.

(9) If paragraph (8) applies, the Judicial Greffier must, before the expiry of the 10-day period specified in paragraph (7), notify the following people of the period of the extension given by the appeal panel, and the reasons for it –

(a) the police officer;

(b) the Deputy Chief Officer;

(d) the complainant; and

(e) an interested person, if the disciplinary proceedings arose from a conduct matter.

44 Effect of decision on appeal

(1) If an appeal is allowed, the decision of the appeal panel takes effect by way of substitution for the finding or sanction appealed against, and as at the date of the finding or sanction appealed against.

(2) But, with regard to a former police officer, if an appeal is allowed, the decision of the appeal panel takes effect by way of substitution for the finding appealed against and as at the date of the finding appealed against.

(3) If the effect of the decision of the appeal panel is to reinstate a police officer or their rank, paragraph (4) applies for the purpose of calculating service in the Force –

(a) for the accrual of pension; and

(b) to the extent that the appeal panel may determine, for the purpose of pay.

(4) The police officer is taken to have served in the Force, or in their rank, continuously from the date of the finding appealed against to the date of the reinstatement.

(5) Paragraphs (3) and (4) do not apply in respect of a former police officer.

45 Procedure if misconduct allegation remitted back to disciplinary person

(1) This Regulation applies if, under Regulation 43(1)(h) or (i), a misconduct allegation is remitted back to the disciplinary person.

(2) The disciplinary person must consider the evidence submitted by the complainant or police officer in accordance with Regulation 39 and determine whether –

(a) to confirm or quash the original finding under Regulation 35;

(b) to confirm the disciplinary sanction originally ordered under Regulation 36;

(c) to order, in relation to the original finding under Regulation 35, a disciplinary sanction that is less severe than that originally ordered;

(d) to substitute the original finding –

(i) of gross misconduct with a finding of misconduct;

(ii) in relation to an appeal by a complainant, of misconduct with a finding of gross misconduct; or

(iii) in relation to an appeal by a complainant, of no misconduct or no gross misconduct with a finding of misconduct or gross misconduct;

(e) if there is a substituted finding under sub-paragraph (d) –

(i) to confirm the disciplinary sanction originally ordered if it is an appropriate sanction for the substituted finding; or

(ii) to substitute the original disciplinary sanction ordered with another disciplinary sanction; or

(f) if the original finding of misconduct or gross misconduct is quashed, to order the misconduct allegation to be dealt with as a performance matter.

(3) Paragraph (2)(b), (c), (e) and (f) does not apply in respect of a former police officer.

(4) Before making a determination under paragraph (2), the disciplinary person may, by notice in writing, require the police officer to attend a further disciplinary meeting or disciplinary hearing, as the case requires, and the following Regulations apply to that meeting or hearing –

(a) Regulation 25 (people conducting disciplinary proceedings);

(b) Regulation 30 (procedure at disciplinary proceedings);

(d) Regulation 35 (finding of misconduct or gross misconduct);

(e) Regulation 55 (police friend); and

(f) Regulation 56 (legal representation).

(5) Regulation 37 (notification of finding after disciplinary proceedings), apart from Regulation 37(3)(b), applies for the purposes of notifying a determination under paragraph (2).

46 Costs of appeal

(1) The appeal panel may order a party to the appeal to pay the whole or part of the costs of the appeal incurred by another party to the appeal.

(2) The appeal panel must consider whether to order costs if it is of the opinion that –

(a) a party (or that party’s representative) has acted vexatiously, abusively, disruptively or otherwise unreasonably in either making or conducting the appeal; or

(b) the appeal had no reasonable prospect of success.

(3) In deciding whether to order costs, the appeal panel may have regard to the party’s ability to pay.

(4) If costs are ordered to be paid, their amount –

(a) is to be ascertained by the Judicial Greffier in consultation with the appeal panel, and notified to the party against whom the order is made not later than the period mentioned in Regulation 43(7), unless that period has been extended; and

(b) is enforceable in the same manner as an order for the payment of costs made by the Royal Court in a civil case.

(5) In this Regulation –

(a) “costs” means fees, charges, disbursements or other expenses incurred by a party including expenses incurred for the purpose of, or in connection with, a person’s attendance as a witness at an appeal hearing;

(b) “party” includes –

(i) the person who made the appeal;

(ii) if they are not the person mentioned in clause (i), the police officer or complainant;

(iii) the Deputy Chief Officer;

(iv) an interested person.

Part 7

Reflective practice review process

47 Interpretation and application

(1) In this Part –

“participating officer” means the police officer or designated person whose matter has been referred to be dealt with under the reflective practice review process;

“reviewer” means the person who is conducting the reflective practice review process.

(2) In the case of a police officer or a designated person, the reviewer must be –

(a) the participating officer’s line manager;

(b) another police officer or designated person who is senior to the participating officer; or

(c) a civilian member of the Force’s staff who, in the opinion of the Deputy Chief Officer, is more senior than the participating officer.

(3) This Part does not apply to a former police officer or former designated person.

(4) Regulation 55 (police friend) does not apply for the purposes of this Part.

48 General provisions about reflective practice review process

(1) The reflective practice review process consists of a fact-finding stage and a discussion stage, followed by the production of a reflective review development report.

(2) A participating officer’s participation in the reflective practice review process does not prevent them from applying for, or obtaining, a promotion.

49 Referral to reflective practice review process

(1) If a matter is referred to be dealt with under the reflective practice review process, the reviewer must, as soon as reasonably practicable –

(a) provide the participating officer with details of the matter that has been referred and the circumstances that are being considered;

(b) request the participating officer to give an account of the matter that has been referred for review.

(2) The participating officer must give an account under paragraph (1)(b) within 5 working days beginning with the first working day after the day on which the request is made, unless a longer period is agreed with the reviewer.

(3) An account given by the participating officer or during the reflective practice review discussion held under Regulation 51 (discussion stage) is not admissible in any subsequent disciplinary proceedings brought against the participating officer, except to the extent that it consists of an admission relating to a matter that has not been referred to be dealt with under the reflective practice review process.

(4) If more than 1 participating officer is involved in a matter that has been referred to be dealt with under the reflective practice review process –

(a) a joint reflective practice review discussion may take place; and

(b) individual reflective review development reports must be produced for each participating officer.

50 Fact-finding stage

(1) Enquiries made by the reviewer during the fact-finding stage must be reasonable, proportionate and relevant to its purpose, which is to establish the facts of the matter to be dealt with under the reflective practice review process.

(2) If at any time during the fact-finding stage substantial evidence becomes available to the reviewer that was not available to the Deputy Chief Officer when the matter was referred to be dealt with under the reflective practice review process, the reviewer must refer the matter to the Deputy Chief Officer for assessment under Regulation 12(2).

(3) If a matter is referred for a further assessment and the Deputy Chief Officer assesses that the conduct, if proved, would amount to practice requiring improvement, the reflective practice review process must be continued.

51 Discussion stage

(1) Following completion of the fact-finding stage the participating officer must attend a reflective practice review discussion.

(2) The reviewer must arrange for the discussion to take place as soon as reasonably practicable.

(3) The discussion must include, in particular –

(a) a discussion of the practice requiring improvement and related circumstances that have been identified; and

(b) the identification of lessons to be learnt by the participating officer and their line manager to prevent a reoccurrence of the conduct that was the subject matter of the referral.

52 Reflective practice review development report

(1) The reviewer must, following completion of the discussion stage, produce a reflective practice review development report.

(2) A reflective practice review development report must contain the following –

(a) a summary of the matter and relevant background circumstances;

(b) a summary of the reflective practice review discussion;

(d) lessons identified for the participating officer;

(e) lessons identified for the line manager;

(f) a specified period for reviewing the report and the actions taken.

(3) The reviewer must give a copy of the report to the Deputy Chief Officer.

(4) The Deputy Chief Officer may take any action they consider appropriate to ensure that the lessons to be learnt identified under Regulation 51 are addressed.

(5) A copy of the reflective practice review development report, together with a note of the review of the report and of actions taken, must be retained by the participating officer’s line manager.

(6) The reflective practice review development report and review notes must be discussed as part of the participating officer’s performance and development review during the 12-month period following the date of the report.

53 Failure to engage with reflective practice review process

If the reviewer considers that the participating officer is failing to engage with the reflective practice review process, the reviewer may refer that failure for assessment by the Deputy Chief Officer under Regulation 12(2).

Part 8

Miscellaneous provisions

54 Giving of notices or documents

If a written notice or document is to be given to a police officer or former police officer, or designated person or former designated person under these Regulations, it must be –

(a) given to them in person;

(b) left with another person at, or sent by recorded delivery to, the police officer’s or designated person’s last known address; or

(c) in respect of a written notice under Regulation 16(1) (written notices), given to the officer in person by the police officer’s police friend if the police friend has agreed with the Deputy Chief Officer to deliver the notice.

55 Police friend

(1) Paragraph (2) applies to –

(a) a police officer or former police officer and a designated person or former designated person who is participating in an agreed resolution or is the subject of a misconduct investigation; and

(b) a police officer or former police officer who is the subject of disciplinary proceedings.

(2) A person mentioned in paragraph (1) (“P”) may choose 1 of the following people, if they are not otherwise involved in the case, to act as P’s police friend –

(a) in the case of a police officer, another police officer;

(b) in the case of a police officer or former police officer –

(i) a person nominated by the States of Jersey Police Association (established under Article 12 of the Police Force Law);

(ii) a civilian member of the Force’s staff; or

(iii) a person nominated by the former police officer and approved by the Deputy Chief Officer;

(d) in the case of a designated person or former designated person –

(i) a person employed by the designated person’s employer or former employer;

(ii) a trade union representative; or

(iii) a person nominated by the former designated person and approved by the Deputy Chief Officer.

(3) A police friend’s functions are –

(a) to advise P in an agreed resolution, or throughout a misconduct investigation or disciplinary proceedings;

(b) unless P has the right to be legally represented and chooses to be so represented, to represent P at disciplinary proceedings or appeal proceedings under these Regulations;

(c) to make representations to the handling officer concerning the agreed resolution, or the Deputy Chief Officer concerning the misconduct investigation or disciplinary proceedings; and

(d) to accompany P to an interview, a meeting or a hearing that forms part of an agreed resolution, a misconduct investigation, disciplinary proceedings or appeal proceedings.

(4) The Deputy Chief Officer or the designated person’s employer or former employer must permit the police friend to use a reasonable amount of duty or office for the purpose of performing their functions if the police friend is –

(a) another police officer or civilian member of the Force’s staff; or

(b) another designated person or person employed by the designated person’s employer or former employer.

(5) A police officer or designated person is not entitled to a police friend for the purposes of the reflective practice review process.

56 Legal representation

(1) A police officer is, subject to paragraph (3), entitled to be legally represented by a solicitor or advocate at –

(a) a disciplinary hearing; or

(b) an appeal hearing held under Part 6.

(2) If the police officer intends to be legally represented, they must notify the presiding person or the appeal panel (as the case may be) of that intention not less than 10 working days before the date of the hearing.

(3) But a police officer who does not give the required notification without reasonable excuse is not entitled to be legally represented.

(4) It is for the police officer to prove that they had a reasonable excuse.

57 Non-recordable conduct matters

(1) For the purposes of Article 22(1)(c) (Regulations as to procedures) of the Law, a conduct matter that the Deputy Chief Officer considers repetitious within the meaning of paragraph (2) is specified as a description of conduct matter that is not required to be recorded.

(2) A conduct matter is considered repetitious if –

(a) it concerns substantially the same conduct as a previous conduct matter;

(b) there is no fresh indication in respect of that previous conduct matter that a police officer or designated person may have committed a criminal offence or behaved in a manner that would justify bringing of disciplinary proceedings; and

(c) there is no fresh evidence in respect of that previous conduct matter that was not reasonably available at the time the previous conduct matter was recorded.

58 Notification of conduct matters to Commission

(1) For the purposes of Article 22(1)(d) (Regulations as to procedures) of the Law, the Deputy Chief Officer must notify the Commission of the following specified descriptions of conduct matters –

(a) an offence of assault;

(b) a sexual offence;

(d) a criminal offence for which the sentence is fixed by law or that carries a sentence of imprisonment of 7 years or more;

(e) behaviour that is liable to lead to disciplinary proceedings that was aggravated by discriminatory behaviour towards another person on the grounds of that person’s protected characteristic (within the meaning of the Discrimination (Jersey) Law 2013);

(f) conduct of the Chief Officer.

(2) Conduct of the Deputy Chief Officer is a specified description of conduct matter that the Chief Officer must notify to the Commission.

(3) A conduct matter that is notifiable under this Regulation must be notified in the manner the Commission requires without delay and in any event not later than the end of the fifth day following the day on which –

(a) the Deputy Chief Officer first becomes aware that the conduct matter is one to which paragraph (1) applies; or

(b) the Chief Officer first becomes aware that the conduct matter is one to which paragraph (2) applies.

59 Manner in which duties to provide information are to be performed

(1) For the purposes of Articles 19(3) (duty to keep complainant, police officer or designated person informed) and 20(10) (duty to provide information to other people) of the Law, this Regulation provides for the manner in which the Deputy Chief Officer must perform the duties imposed by those Articles.

(2) Unless the harm test requires otherwise, the Deputy Chief Officer in a case falling under Article 19(1) or Article 20(7) of the Law must promptly inform the complainant and, if required, an interested person –

(a) of the progress of the misconduct investigation and in any event not later than 4 weeks after the start of the investigation, and then as frequently as the Deputy Chief Officer determines is appropriate to keep the complainant or interested person properly informed of progress; and

(b) of any provisional findings of the investigator.

60 Exceptions to duty to provide information – harm test

(1) The duties in Articles 19(1) (duty to keep complainant, police officer or designated person informed) and 20(7) (duty to provide information to other people) of the Law do not apply if –

(a) in the opinion of the Deputy Chief Officer it is necessary to withhold information –

(i) to prevent the premature or inappropriate disclosure of information that is relevant to, or may be used in, actual or prospective criminal proceedings;

(ii) in the interests of national security;

(iii) for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;

(iv) because it is justified on proportionality grounds (within the meaning of Article 19(5) of the Law); or

(v) is otherwise necessary in the public interest; and

(b) The Deputy Chief Officer is satisfied that there is a real risk that the disclosure of that information would cause a significant adverse effect.

(2) The Deputy Chief Officer must consider whether the withholding of information is necessary if –

(a) the information is relevant to, or may be used in, actual or prospective disciplinary proceedings;

(b) the provision of information may lead to the contamination of the evidence of witnesses during the disciplinary proceedings;

(d) the information consists of criminal intelligence.

(3) A reference in these Regulations to the harm test means that the withholding of information must satisfy the requirements of this Regulation.

61 Citation and commencement

These Regulations may be cited as the Police (Complaints and Conduct – States of Jersey Police Force) Regulations 2025 and come into force on the same day as the Police (Complaints and Conduct) (Jersey) Law 2022.

Endnotes

Table of Legislation History

Legislation	Year and No	Commencement	◦Projet No (where applicable)
Police (Complaints and Conduct – States of Jersey Police Force) Regulations 2025	R&O.77/2025	5 December 2025	P.82/2025 (re-issue)

◦Projets available at statesassembly.gov.je

Table of Endnote References

[1] Regulation 7(5) editorial change, “(3)(c)” deleted, “(3)(b)” inserted instead

Page Last Updated: 05 Dec 2025

Jersey Legal Information Board

Promoting access to justice in Jersey

Search this site

Police (Complaints and Conduct – States of Jersey Police Force) Regulations 2025

Showing the law from 05 Dec 2025 to Current