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WRITTEN QUESTION TO H.M. ATTORNEY GENERAL
BY DEPUTY J.A.MARTIN OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY 3RD NOVEMBER 2009
Question
As head of the Honorary Police could H.M. Attorney General advise whether the Connétable s hold policing powers, and, if so, whether this is appropriate for the holders of political office?"
Answer
The Connétable remains the head of the Honorary Police of his or her Parish and, as a matter of strict law, continues to hold policing powers commensurate with that status.
Article 6 of the Honorary Police (Jersey) Regulations 2005 ("the Regulations") requires the Connétable in each Parish to appoint a Chef de Police. The Chef de Police deals with operational policing within the Parish and is a member of the Comité des Chefs de Police which has a range of important functions including the promotion of consistency in operational practice between the Honorary Police of each Parish. The Connétable accordingly does not generally play any part in operational policing.
The Connétable retains important functions both in the organisation and discipline of the honorary police in his or her Parish including, as said, the appointment of a Chef de Police.
Whilst the question of whether or not it is appropriate for the Connétable s in these circumstances to continue to hold in law any policing powers is ultimately a matter for Members, the Regulations in effect create a mechanism whereby the Connétable s are removed from operational policing. This situation reflects the de facto position that existed for a considerable period prior to the enactment of the Regulations.