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Suspension of States employees and States of Jersey Police Officers: revised procedures (P.46/2009) – amendment.

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STATES OF JERSEY

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SUSPENSION OF STATES EMPLOYEES AND STATES OF JERSEY POLICE OFFICERS: REVISED PROCEDURES (P.46/2009) – AMENDMENT

Lodged au Greffe on 21st April 2009 by the Minister for Home Affairs

STATES GREFFE

2009   Price code: B  P.46 Amd.

SUSPENSION OF STATES EMPLOYEES AND STATES OF JERSEY POLICE OFFICERS: REVISED PROCEDURES (P.46/2009) – AMENDMENT

PAGE 2, PARAGRAPH (b) –

Delete the words "and officer of the States of Jersey Police".

MINISTER FOR HOME AFFAIRS

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P.46/2009 Amd.

REPORT

The Police (Complaints and Discipline) (Jersey) Law 1999 established the Jersey Police  Complaints  Authority,  made  provision  for  the  investigation  of  complaints about, and the procedures, rights and powers relating to disciplinary charges against, members of the Force, port control officers and members of the Honorary Police. The Police  (Complaints  and  Discipline  Procedure)  (Jersey)  Order  2000  was  made  in pursuance of Article 15 of the Law and details the processes and procedures which put the Law into effect as they affect members of the Force and port control officers. In particular, Article 4 details the circumstances under which the Chief Officer may suspend a member of the Force or a port control officer.

Consequently, the current method of dealing with complaints against members of the Force and port control officers is governed by statute and by an Order which, as subsidiary legislation, has the force of law. It is not possible, therefore, for all the provisions set out in paragraph (a) of the proposition in respect of the States of Jersey Police  to  come  into  effect  within  42 days  as  required  by  paragraph (b)  of  the proposition. They cannot be fully implemented without amendment to the relevant legislation.

I am aware of the amendments sought by the Chief Minister and support these.

There  are  no  financial  or  manpower  implications  for  the  States  arising  from  the adoption of this amendment.

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P.46/2009 Amd.