Police Procedures and Criminal Evidence (Codes of Practice) (Amendment No. 2) (Jersey) Order 2013

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 January 2013 regarding:

Decision Reference: MD-HA-2013-0005
Decision Summary Title :	Police Procedures and Criminal Evidence (Codes of Practice) (Amendment No.2) (Jersey) Order 2013		Date of Decision Summary:	20 November 2012
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 :	Police Procedures and Criminal Evidence (Codes of Practice) (Amendment No.2) (Jersey) Order 2013		Date of Written Report:	20 November 2012
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Police Procedures and Criminal Evidence (Codes of Practice) (Amendment No.2) (Jersey) Order 2013
Decision(s): The Minister made Police Procedures and Criminal Evidence (Codes of Practice) (Amendment No.2) (Jersey) Order 2013
Reason(s) for Decision: Under the Codes as currently in force, the States of Jersey Police and Customs and Immigration Department are required to use tapes to record interviews with suspects. As tape recording is becoming obsolete and it is difficult to source equipment for playback and transcription purposes, the departments wish to upgrade their facilities and to have the facility to use digital media to record interviews. The Order also makes some additional minor amendments to the Codes.
Resource Implications: There are no financial or manpower implications arising from the making of the Order.
Action required: The Executive Officer, Home Affairs to forward the signed and sealed Order to the Publications Editor at the States Greffe and the Greffier of the States to be requested to arrange for the Order to be notified to the States.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed): 25 January 2013

Police Procedures and Criminal Evidence (Codes of Practice) (Amendment No. 2) (Jersey) Order 2013

DRAFT POLICE PROCEDURES AND CRIMINAL EVIDENCE (CODES OF PRACTICE) (AMENDMENT No.2) (JERSEY) ORDER 2013

Background

Article 61 of the Police Procedures and Criminal Evidence (Jersey) Law 2003 (PPCE) provides that the Minister for Home Affairs shall bring into operation codes of practice in connection with:

(i) the exercise by police officers of statutory powers to search a person without first arresting the person or to search a vehicle without making an arrest,

(ii) the detention, treatment, questioning and identification of persons by police officers,

(iii) searches of premises by police officers,

(iv) the seizure of property found by police officers on persons or premises, and

(v) the exercise by police officers of powers under Article 59; (testing for Class A drugs – my addition)

(b) requiring the recording, by any electronic means, of interviews of persons suspected of the commission of criminal offences, or of specified descriptions of criminal offences, which are held by police officers at police stations or specified descriptions of police stations

Consultation

Before bringing any code of practice into operation, the Minister must publish a draft of the code and consider any representations made in relation thereto (per Article 62). This is generally done by way of notice inserted in the Gazette in the JEP inviting the public to read the draft code and submit comments. Once the Minister has complied with this requirement, he may bring the code into operation by Order. Consequently, the PPCE Codes of Practice do not require the approval of the States.

The draft Order was sent out for consultation by way of Gazette entry, which appeared in the JEP on 22 October 2012. Anyone wishing to comment on the draft Order was invited to do so by emailing or writing to the Home Affairs Department by 16 November 2012. No comments have been received on the draft Order.

Draft Order

The Codes amended by the draft Order relate to the exercise of police officers of statutory powers of stop and search (Code A); the detention, treatment and questioning of persons by police officers (Code C); the identification of persons by police officers (Code D); and the tape recording of interviews with suspects (Code E). It will also bring a new Code of Practice into force, namely, Code G, relating to visual recording with sound of interviews with suspects.

Principal reason for the amendments

Under the Codes as currently in force, the States of Jersey Police and Customs and Immigration Department are required to use tapes to record interviews with suspects. As tape recording is becoming obsolete and it is difficult to source equipment for playback and transcription purposes, the departments wish to upgrade their facilities and to have the facility to use digital media to record interviews.

Amendment to Code A

The draft Order makes a minor amendment to Code A to correct a statutory reference. The Code as currently in force refers to Article 17(3) of the Misuse of Drugs (Jersey) Law 1978 in respect of powers of stop and search. The draft Order amends that reference to correctly refer to Article 19(3) of that Law.

Amendments to Code D

The changes to Code D are required in order to remove references to ‘civilian support staff’ as neither PPCE nor the Police Force (Jersey) Law 1974 appear to provide any express powers to delegate the performance of duties and functions to such persons. However, it should be noted that the draft States of Jersey Police Force Law 201- (at Article 26) contains the ability for the States to make provision, by Regulations, for States employees to undertake such functions of a police officer as may be specified in those Regulations.

Also, paragraph 3.13 of Code D, which deals with the arrangement of identification procedures, is substituted by new paragraphs 3.13 B-D in order to provide greater robustness in relation to the arrangements to be put in place.

Amendments to Code C and Code E

The amendments to Code C remove references to ‘tape’ specifically and refer instead to ‘audio’ or ‘audibly’ to allow for different types of recording to take place.

This is also the case in Code E, which is entitled ‘A code of practice on tape recording of interviews with suspects’ and which will be renamed ‘A code of practice on audio recording of interviews with suspects’. Code E will be expanded to provide definitions of ‘recording media’ and ‘secure digital network’ and the guidance within this Code where reference is made to tapes is to be substituted accordingly with guidance relating to recording media.

A new paragraph is to be added to Code E which relates specifically to the recording of interviews by secure digital network.

New Code G

A brand new Code, Code G, entitled ‘a code of practice on visual recording with sound of interviews with suspects’ is attached as the Schedule to the Order. This Code will enable interviews with suspects to be ‘videoed’ (visually recorded) using a recording media, as defined in paragraph 1.7, or secure digital network as also defined in the same paragraph.

In the UK, the Code of Practice which relates to the visual recording with sound of interviews with suspects (PACE Code F) has been in force since May 2002 and a revised version was issued in May 2010.

Recommendation

It is recommended that the Minister makes the Police Procedures and Criminal Evidence (Codes of Practice) (Amendment No.2) (Jersey) Order 2013.

Executive Officer

Home Affairs

17 January 2013