Police in Jersey ( 4.34.02.L3 )
1. The Legal Adviser to the States Police is Advocate Robin Morris. Telephone Police Headquarters on 612612
2. Police Procedures and Criminal Evidence (Jersey) Law 2003 was adopted by the states on 5 November 2002. The Code of Practice relevant to that Law can be found at www.jerseylaw.je
The Law gives the Police the power to take fingerprints, intimate samples and other samples without the written permission of the detainee.
Review and Maximum Periods of Detention
3. (The paragraph numbers relate to numbers used in the Code of Practice)
16 Police Detention-Code C
16.1 A person who has been arrested and taken to a police station or has voluntarily attended at a police station and whilst there is arrested is in police detention.
16.2 The period of police detention commences as follows:-
a) in the case of a person who attends a police station voluntarily and is subsequently arrested at a police station: the period of 24 hours starts from the time of the arrest, not the person's time of arrival;
b) in the case of a person arrested and brought to a Police Station: the period of 24 hours starts from the person's arrival at a police station.
16.3 The Review Officer is responsible under Article 38 of the Police Procedures and Criminal Evidence (Jersey) Law 2003, or in terrorist cases under the Terrorism (Jersey) Law 2002, for determining whether or not a person's detention continues to be necessary. In reaching a decision the officer shall provide an opportunity to the detained person himself or herself to make representations (unless he is unfit to do so because of his or herself condition or behaviour) or to the detained person's legal representative or the appropriate adult if available at the time. Other persons having an interest in the person's welfare may make representations at the review officer's discretion.
16.3A Should a detained person make representations to any officer, other than the review officer, these representations should be recorded and the review officer notified as soon as practicable.
16.4 An Officer not below the rank of Inspector will formally review the circumstances of the detention of all persons held in custody without charge within 6 hours of their detention. He or she will endorse the custody record and may authorise further detention up to a maximum of 9 hours from the time of the review where appropriate. Further reviews may be conducted by a review officer extending periods of detention to a maximum of 24 hours from commencement of detention. An Inspector may, in addition, informally review the circumstances of the detention of all persons in custody at least once during their tour of duty, endorsing the custody record.
16.5 The detention of any person for a period in excess of 24 hours must be authorised by an officer of the rank of Chief Inspector or above, and the custody record will be endorsed to that effect. The officer conducting that review will endorse the custody record and may authorise further detention up to a further 12 hours from the time of the review.
Warrants of Further Detention
16.8 Before conducting a review, the review officer must ensure that the detained person is reminded of his or her entitlement to be afforded facilities to consult a legal representative in private. It is the responsibility of the review officer to ensure that all such reminders are noted in the custody record.
16.9 After hearing any representations, the review officer or officer determining whether further detention should be authorised shall note any comment the person may make if the decision is to keep him in detention. The officer shall not put specific questions to the suspect regarding his involvement in any offence, nor in respect of any comments he may make in response to the decision to keep him in detention. Such an exchange is likely to constitute an interview as defined by paragraph 11A and would require the associated safeguards.
16.10 The grounds for and extent of any delay in conducting a review shall be recorded.
16.11 Any written representations shall be retained.
16.12 A record shall be made as soon as practicable of the outcome of each review.
Review after Charge
16.16 Where the custody officer believes that the original grounds for detention after charge has ceased to exist and it does not appear to the officer that there are any other grounds to justify that person's further detention, the custody officer shall contact the review officer and request that he or she review the person's detention.
Postponement of Reviews
16.14 An officer of the rank of Chief Inspector or above may only authorise further detention where the case being investigated is a serious offence and the officer believes that further detention is necessary in order to secure or preserve evidence, or obtain that evidence by questioning and that the investigation is being conducted diligently and expeditiously. At the end of that period any further detention must be authorised based on the same criteria.
Retention / disclosure of criminal records
4. See 4.32.3.L1 Rehabilitation of offenders.
5. A search in the UK police computer on a person will show their Jersey police record.
Withdrawal of charges
6. Once a complaint is made to the Police it is then the Police's perogative as to whether to proceed with bringing charges. Should an individual not be willing to pursue a complaint they may, if so decided, be summoned to Court. A person who wishes to change her/his mind over a complaint should be encouraged to discuss this with the Centenier who is dealing with the case, it might not be possible for the complaint to be dropped.
Powers of search
7. See Police - Codes of Practice
Confiscated items (evidence) may be retained by the police until court appearance.
Spouses as witnesses
9. Under legislation (July 1998) it is possible for a spouse to give evidence against her husband (or his wife), without the consent of the spouse. Previously, for example, a wife who was willing to give evidence against a husband on a charge of child assault could not do so without his consent.
10. Legislation which was already in place covered unmarried couples.
Police stations and services
11. States of Jersey Police Headquarters
Telephone 612612 - General enquiries
12. Chief Officer - Mr Mike Bowron
13. Western Sub Station
14. Lost and Found Property
15. Crime Prevention
16. Firearms Registry
17. Community Police
The community officers and their numbers are as follows:
18. Town Police Station
19. A statement can be retracted by making a new statement to the officer involved. This will not automatically mean that charges against a person will be dropped.
States of Jersey Police - Welfare Services
20. Welfare officers are available to help members of the Police Service and their families.
Force Welfare Officer - Mark Lamberton, telephone 612600
Road Safety Officer
21. The Road Safety Officer is Philip Blake
Contact Telephone: 612222
22. The Licensing Unit
Work with other agencies to manage the door registration scheme. Officers from the Licensing Unit are available for advice on all aspects of licensing matters to ensure that the Law is being complied with