Police Procedures and Criminal Evidence Law: Proposed Revision of Codes of Practice

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A decision made on 21 January 2011 regarding the proposed revision of Police Procedures and Criminal Evidence (Codes of Pratice) (Jersey) Order 2004

Decision Reference: MD-HA-2011-0006
Decision Summary Title :	Revision of PPCE Code E and the introduction of new PPCE Code of Practice		Date of Decision Summary:	18 January 2011
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 :	Revision of PPCE (Codes of Practice) (Jersey) Order 2004		Date of Written Report:	18 January 2011
Written Report Author:	Staff Officer to DCO States of Jersey Police		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Revision of Codes of Practice – Police Procedures and Criminal Evidence Law.
Decision(s): The Minister approved the law drafting instructions to revise Code E of PPCE, and to introduce a new PPCE code of practice on visual recording with sound of interviews with suspects.
Reason(s) for Decision: The existing PPCE (Codes of Practice) (Jersey) Order 2004 refers to the tape recording of interviews with suspects. The States of Jersey Police and the Customs and Immigration Department wish to upgrade their facilities for the interviewing of suspects due to the technological obsolescence of current media. New equipment will utilise digital technology. In order to comply with the Law, new codes will require drafting to enable interviewing of suspects, whether by way of removable media or digital secure network.
Resource Implications: There are no additional resource implications to the Home Affairs Department associated with this decision.
Action required: The Executive Officer, Home Affairs to liaise with the Law Draftsman’s office and arrange for the amendments to Code E and the new Code to be drafted.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Police Procedures and Criminal Evidence Law: Proposed Revision of Codes of Practice

Instructions to the Law Draftsman

Revision of PPCE (Codes of practice) (Jersey) Order 2004

Introduction

The Law Draftsman is instructed on behalf of the Minister for Home Affairs by a Ministerial Decision (copy attached) to prepare an amendment to the PPCE (Codes of Practice) Order 2004 in respect of interviewing suspects, whether by way of removable media or digital secure network.

General Statement

(i) Why is an amendment needed?

The States of Jersey Police and the Customs and Immigration Department have identified a deficiency in the existing legislation.

The existing PPACE (Codes of Practice) (Jersey) Order 2004 refers to the tape recording of interview with suspects. The departments wish to upgrade their facilities for the interviewing of suspects due to the technological obsolescence of current media. This media is becoming obsolete and it is increasingly difficult to source equipment for playback and transcription purposes.

(ii) What is the amendment intended to achieve?

The amendment to existing legislation is intended to take advantage of modern digital media. Digital recording and storage of electronic media will result in enhances efficiency and reduced cost across a number of areas associated with the criminal justice system.

(iii) How is the amendment to achieve that effect?

A revised Order would bring in force amendments to Code of Practice (E) (tape recording of interviews with suspects) and introduce a new Code of Practice (G) visual recording with sound of interviews with suspects) under the Police Powers and Criminal Evidence (Jersey) Law 2003, which would enable Police and Customs Officers in Jersey to digitally record interviews with suspects in custody.

(iv) How will the amendment effect existing law and practice?

The amendment will not repeal existing legislation but will introduce a new Code of practice (G) under the Police Powers and Criminal Evidence (Jersey) Law 2003 and make amendments to Code (E) of the Police Powers and Criminal Evidence (Jersey) Law 2003.

Detailed Instructions

Legislation similar to section Code E and Code F of the Police and Criminal Evidence Act 1984 (Pace) is suggested and therefore it is proposed that an amendment to Code E of Police Powers and Criminal Evidence (Jersey) Law 2003 be made to enable Police and Customs Officers in Jersey to digitally record interviews with suspects in custody an amendments in made to Code E. In addition, the introduction of a new PPCE code of practice (G) on visual

Any questions arising from these instructions should be referred to Sergeant Sarah Henderson, Staff Officer to the Deputy Chief Officer, States of Jersey Police.