Jersey Police Complaints Authority

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (02/10/2008) regarding: Jersey Police Complaints Authority - Annual Report 2007.

Decision Reference: MD-HA-2008-0062
Decision Summary Title :	JPCA Annual report		Date of Decision Summary:	Wednesday, 03 September 2008
Decision Summary Author:	Heidi Sydor Executive Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	written		Person Giving Oral Report:
Written Report Title :			Date of Written Report:	21st August 2008
Written Report Author:	Mr L May Chairman JPCA		Written Report : Public or Exempt?	Public
Subject: Jersey Police Complaints Authority – Annual Report 2007
Decision(s): The Minister approved the Annual Report for 2007 of the Jersey Police Complaints Authority, and requested that the Greffier of the States arrange for it to be placed before the States as a Report on 21st October 2008.
Reason(s) for Decision: A report on the functions of the Jersey Police Complaints Authority is to be prepared annually, in accordance with Article 29(4) of the Police (Complaints and Discipline) (Jersey) Law 1999, and submitted to the Minister for presentation to the States.
Resource Implications: There are no resource implications to the Home Affairs department resulting from this decision.
Action required: The Executive Officer, Home Affairs, to request the Greffier of the States to place the Annual Report before the States on 21st October 2008.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Jersey Police Complaints Authority - Annual Report 2007.

JERSEY POLICE COMPLAINTS AUTHORITY

ANNUAL REPORT 2007

In presenting the Annual report for the year 2007 the Authority apologies for the lateness of submission which is due to illness and also enforced moves of our office premises earlier this year.

From the analysis below it will be noted that the number of complaints by members of the public against Police Officers show a marginal increase over the previous year. The type of complaints are similar to the previous year. Three of the complaints concerning the use of C.S Spray were subsequently withdrawn. The heading of ‘Other’ in the analysis covers many different descriptions by complainants including for example instances where the claimant feels that he was wrongfully arrested, or that the Police breached their Code of Practice.

Analysis of Complaints

2006	Complaint	2007
14	Excessive use of force	8
6	Harassment/threatening behaviour	9
-	Use of CS Spray	4
10	Other	15
30		36

The investigation of some complaints take a considerable time to complete and the Authority is very conscious that in the interests of both the complainant and the Police Officers complained of, the sooner the investigation is completed, the better. Unfortunately, at the end of the year there were some twenty investigations still being progressed, although a significant number of those were finished early in 2008.

The table below shows the results of the investigations received in 2007, and it will be noted that of those completed, only two were partly substantiated.

Of the six investigations carried over from the previous year, one was substantiated, two were unsubstantiated, two were incapable of investigation and one was withdrawn but later reinstated and remained incomplete at the end of 2007.

For administrative reasons some complaints necessitated engaging senior personnel from the Devon & Cornwall Constabulary to carry out the investigation.

2006	Outcome	2007
15	Withdrawn	8
5	Vexatious	1
4	Unsubstantiated	2
-	Partly substantiated	2
-	Other	3
6	Investigation in progress at year end	20
30	Total	36

Mr Brian Curtis left the Authority on completion of his term of office on 31 December 2007 and we are grateful for his help and support during the last three years. We are pleased to welcome Advocate Debbie Lang as a new member of the Authority following her appointment on 1st January 2008 for a term of 3 years. We are also pleased that on completion of his first term of 3 years, Mr Tom Slattery was appointed for another term of 3 years from

1 January 2008.

Early in January 2008, the Authority was forced to hurriedly move from its offices in Great Union Road. After several months in a temporary office at Home Affairs Department, the Authority finally re-established itself in its present premises at 5 Library Place, St Helier.

The Authority welcomes its new Secretary – Mrs Elizabeth Moore and congratulates her on managing the very difficult period following the enforced office change.

LM/eam

21st August 2008