Report for the Minister for Home Affairs
Delegation of Function to Chief Officer, States of Jersey Police
Article 28 of the States of Jersey Law 2005 provides that a Minister may delegate, wholly or partly, functions conferred upon or vested in him by or under the States of Jersey Law 2005, or any other enactment, or any enactment of the UK having effect in Jersey to his Assistant Minister or an officer.
The Defence and Home Affairs Committees and previous Ministers for Home Affairs have previously delegated certain functions.
The Minister has already delegated the following functions to the Chief Officer, States of Jersey Police under the Police Force (General Provisions) (Jersey) Order 1974, (‘the Order’) as amended:
The power under Article 4(1) of the Order to extend, reduce or dispense with the two year period of probation for police constables; and the appointment of candidates to the States of Jersey Police Force under Article 2 of the Order; and the making of promotions both temporary and permanent, up to and including the rank of Chief Inspector under Article 5(1) of the Order.
Article 4(2) of the Order provides that:
During the police constable’s period of probation his or her services may be dispensed with at any time by the Minister, if he or she considers that he or she is not fitted, physically or mentally, to perform the duties of his or her office, or that he or she is not likely to become an efficient and well-conducted police constable:
Provided that a police constable whose services are dispensed with under this paragraph shall be entitled to receive one month’s notice or one month’s pay in lieu of such notice.
The management of the States of Jersey Police are better placed than the Minister to determine whether or not a probationary officer is likely to be fitted to perform the duties of their office or to become an efficient and well-conducted police constable. As the functions of Article 4(1) of the Order have already been delegated to the Chief Officer, States of Jersey Police, it seems appropriate for the functions under Article 4(2) to also be delegated to him.
Recommendation
It is recommended that the Minister delegates the functions under Article 4(2) of the Police Force (General Provisions) (Jersey) Order 1974 to the Chief Officer, States of Jersey Police, and requests the Executive Officer, Home Affairs to notify the Chief Minister’s Department of the delegation and to request the Greffier of the States to arrange for the delegation to be presented to the States.
Executive Officer, Home Affairs
4 March 2013