Extension of the relevant Articles of the Police Procedures and Criminal Evidence (Jersey) Law, 2003 to officers of the Customs and Immigration Service

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A decision made 24 June 2010 regarding: Extension of the relevant Articles of the Police Procedures and Criminal Evidence (Jersey) Law, 2003 to officers of the Customs and Immigration Service.

Decision Reference: MD-HA-2010-0046
Decision Summary Title :	Extension of Relevant Articles of PPCE (Jersey) Law, 2003 to Officers in the Customs and Immigration Service		Date of Decision Summary:	11 May 2010
Decision Summary Author:	Director, Law Enforcement		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 :	Extension of Relevant Articles of PPCE (Jersey) Law, 2003 to Officers in the Customs and Immigration Service		Date of Written Report:	11 May 2010
Written Report Author:	Director, Law Enforcement		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Extension of the relevant Articles of the Police Procedures and Criminal Evidence (Jersey) Law, 2003 to Officers of the Customs and Immigration Service.
Decision(s): The Minister approved the drafting of an Order to extend the relevant articles of PPCE (Jersey) Law 2003 to officers of the Customs and Immigration Service.
Reason(s) for Decision: Customs Officers in their enforcement role are required to comply with the PPCE (Jersey) Law 2003. It is necessary, therefore, to ensure that the relevant articles are extended to officers in the Service.
Resource Implications: None.
Action required: The Director, Law Enforcement to request the Law Draftsman to prepare the necessary draft Order.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Extension of the relevant Articles of the Police Procedures and Criminal Evidence (Jersey) Law, 2003 to officers of the Customs and Immigration Service

CUSTOMS AND IMMIGRATION SERVICE

Extension of Relevant Articles of PPCE (Jersey) Law, 2003 to Officers

in the Customs and Immigration Service

Introduction

The PPCE (Jersey) Law, 2003 clearly sets out the policing powers and the limits to those powers. Customs Officers in their enforcement role are required to comply with the law. As a result, it is necessary to ensure that the relevant Articles are extended to officers in the Service. The PPCE (Application to Customs and Excise) (Jersey) Orders of 2004 (R&O 141/2004) and 2005 (R&O 166/2005) achieved this. The Director, Law Enforcement, however, has recently reviewed the legislation and is of the view that some additional Articles also need to be extended.

Background

Article 107 of PPCE refers to the Application of the Law to Customs and Excise and allows the Home Affairs Minister to make an Order directing:

“that any provision of this Law which relates to investigations of offences conducted by police officers or to persons detained by the police shall apply, subject to any modifications that the Order may specify, to investigations conducted by the Agent of the Impôts and any officer of the Impôts of offences which relate to assigned matters, as defined in Article 1 of the Customs and Excise (Jersey) Law 1999, 62 or to persons detained by the said Agent or officers”.

As mentioned in the introduction, there have been 2 previous orders to extend relevant Articles of the Law to Customs Officers, but the Director, Law Enforcement has recently undertaken a further review of the legislation and is of the view that the below mentioned Articles need to be extended:

Article 1 General Interpretation

Article 2 Meaning of Customs detention

Article 3 Meaning of “serious offence”

Article 76 Exclusion of unfair evidence

In addition the States have recently passed the Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed Day) (No 5) Act 2010. As a result, the following Articles will come into force on 10 June 2010:

Article 30 (1) Condition of bail

Article 31 Bail on arrest

Article 44 Power of arrest if failure to attend at customs office when required to do so

Article 45 (1) Further provisions after arrest

It is the view of the Director, Law Enforcement that it would be appropriate to extend these Articles to Customs Officers.

In extending these Articles it would appropriate to also update the equivalent Customs titles for Sergeant and Chief Inspector listed. These were previously identified as “Executive Officer” and “Manager” respectively. They should now read as follows:

Executive Officer – Officer

Manager – Assistant Director

States of Jersey Police (Barry Taylor) have been advised that it is proposed that the Articles mentioned above be extended to Customs Officers.

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Recommendation

The Minister is recommended to authorise the Director, Law Enforcement to liaise with the Law Draftsman and request by Order the extension of the relevant Articles identified to Customs Officers.

In addition request that the Order amends the Manager and Executive Officer titles.

Steven Le Marquand

Director, Law Enforcement

Customs and Immigration Service