Police Force (General Provisons) (Jersey) Order 1974: Article 4(2): Delegation of Function

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A decision made 8 March 2013:

Decision Reference: MD-HA-2013-0013
Decision Summary Title :	Delegation re probation for Police Constables		Date of Decision Summary:	4 March 2013
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Delegation re probation for Police Constables		Date of Written Report:	4 March 2013
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Home Affairs Minister – delegation of function under Article 4(2) of the Police Force (General Provisions) (Jersey) Order 1974.
Decision(s): The Minister delegated authority to the Chief Officer, States of Jersey Police, to dispense with the services of police constables during their period of probation where they are not fitted physically or mentally to perform the duties of their office or are not likely to become an efficient and well-conducted police constable.
Reason(s) for Decision: The Chief Officer, States of Jersey Police already has the functions under Article 4(1) of the Police Force (General Provisions) (Jersey) Order 1974 delegated to him, in relation to the extension, reduction or dispensing with periods of probation. The Police management are best placed to determine whether or not a probationary officer is likely to be able to perform their duties and the Minister feels it is appropriate that this function should be delegated to the Chief Officer.
Resource Implications: Nil.
Action required: The Executive Officer Home Affairs to inform the Chief Officer, States of Jersey Police that he has delegated authority as described above; to notify the Chief Minister’s Department of the delegation in order that it may be recorded in the central register of delegations; and to request the Greffier of the States to arrange for the delegation to be presented to the States.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Police Force (General Provisons) (Jersey) Order 1974: Article 4(2): Delegation of Function

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