Citizens Advice Bureau

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LOCAL INFORMATION
4.34.4.L3
Complaints against Honorary Police

Extent: Jersey
Updated 18 November 2013

 

Procedure

Complaints regarding the honorary police should be directed to the Attorney General. Depending on the nature of the complaint, he may instruct the Connétable of the Parish in which the officer serves to resolve the matter informally.

Informal resolution of complaints

The Connétable will be instructed to seek the views of the complainant and the member of the police concerned. The officer can respond to the complaint either orally or in writing, it is his/her choice. Where, having obtained the views of the complainant and the officer concerned, it appears to the Connétable that the complaint had in fact been satisfactorily dealt with at the time it was brought to his notice, he may treat it as having been informally resolved.

The Connétable shall not, for the purpose of informally resolving a complaint, tender an apology on behalf of the officer concerned unless the officer has admitted the conduct in question.

Having resolved the complaint informally, the Connétable must give the Attorney General a copy of the outcome recorded.

Suspension of an honorary officer

The Attorney General has the power to suspend an officer charged with a criminal offence or suspected offence against discipline. In the event of a criminal investigation or proceedings, all disciplinary procedures relating to the same conduct of the officer concerned are normally deferred until these are concluded.

Complaints which cannot be resolved informally

The Attorney General: shall, where it appears to him that a complaint is not suitable for informal resolution, or he is informed that informal resolution of a complaint is impossible; may, where it appears to him that a report or allegation indicates that a member of the Honorary Police may have committed an offence against discipline, direct the Connétable of the Parish in which the member concerned serves to request the Chief Officer to appoint a member of the Force or police officer from some other force, of at least the rank of inspector, to carry out an investigation.

If there is to be a disciplinary hearing, the complainant, if a member of the public, is entitled to be present at that hearing and if the officer who is the subject of the complaint gives evidence, the complainant may question him.

Members of the public might be asked to withdraw whilst evidence is being given that should not, in the public interest, be disclosed to members of the public. The Attorney General determines what evidence is admissible and what questions may be put at a hearing.

An officer can only be dismissed or required to resign if he has been given the opportunity to be legally represented at the hearing.

Further details

A copy of the Police (Honorary Police Complaints and Discipline Procedure)(Jersey) Regulations 2000 can be found at www.jerseylaw.je