Police Complaints and Conduct Legislation: Updating: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 April 2018:

MINISTERIAL DECISION REFERENCE: MD-HA-2018-0034
Decision Date: 5th April 2018
DECISION SUMMARY TITLE: Police Complaints and Conduct legislation – Engagement with the Law Draftsman
DECISION SUMMARY AUTHOR:	Policy Officer, Community and Constitutional Affairs	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Review of Police Complaints and Conduct legislation
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Policy Officer, Community and Constitutional Affairs	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: The Minister authorised Officers in Community and Constitutional Affairs to instruct the Law Draftsman to update Police complaints and conduct legislation. Draft legislation will be considered by the incoming Minister after the election.
RESOURCE IMPLICATIONS: None as a consequence of this Decision.
ACTION REQUIRED: Officers to instruct the Law Draftsman as required.
SIGNATURE:			POSITION: Deputy Kristina Moore Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Police Complaints and Conduct Legislation: Updating: Law drafting instructions

Review of Police Complaints and Conduct Legislation

Community and Constitutional Affairs are currently reviewing Jersey’s police complaints and conduct legislation.

A working group is reviewing the following legislation:

- Police (Complaints and Discipline) (Jersey) Law 1999

- Police (Complaints and Discipline Procedure) (Jersey) Order 2000

- Police (Honorary Police Complaints and Discipline Procedure) (Jersey) Regulations 2000

The group is chaired by the Chief Officer of Community and Constitutional Affairs and includes representatives from the States of Jersey Police, Honorary Police, Law Officers’ Department, the Jersey Police Complaints Authority and more recently, the Jersey Police Authority and the Human Resources Department.

The purpose of this project is to:

Update Jersey’s legislative framework to match current good practice and associated legislative frameworks elsewhere in the British Isles;

Have regard for the Opinion of the Commissioner for Human Rights concerning Independent and Effective Determination of Complaints against the Police;

Implement a number of specific changes which have been identified by local complaints and conduct practitioners as being desirable;

Provide for a more harmonised approach to all police officers, in order to ensure equity of treatment, consistent standards and improved simplicity for those making and handling complaints and conduct matters;

Improve the overall structure of legislative framework, which in its current form can sometimes be cumbersome and difficult to follow.

Current status

The Minister is requested to authorise Officers in Community and Constitutional Affairs to instruct the Law Draftsman to update Police complaints and conduct legislation. Draft legislation will be considered by the incoming Minister after the election.

Official