Draft Police (Complaints and Conduct) (Jersey) Amendment Regulations 202- (P.81/2025): comments
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STATES OF JERSEY
DRAFT POLICE (COMPLAINTS AND CONDUCT) (JERSEY) AMENDMENT REGULATIONS 202- (P.81/2025): COMMENTS
Presented to the States on 20th November
by the Children, Education and Home Affairs Scrutiny Panel
STATES GREFFE
2025 P.81 Com.
COMMENTS
The Children, Education and Home Affairs Panel (hereafter the Panel') welcomes the amendments proposed within Draft Police (Complaints and Conduct) (Jersey) Amendment Regulations 202- (P.81/ 2025), (hereafter the draft Regulations'), lodged by the Minister for Justice and Home Affairs on 13th October 2025.
The Panel extends its thanks to Deputy Mary Le Hegarat , Minister for Justice and Home Affairs and Government Officers, who provided a briefing to the Panel on the draft Regulations in January 2025 and on the 21st of August 2025.
At the briefings, the Panel was provided with the contextual background, and the Officers explained the need for the draft Regulations to be brought in, as the Police (Complaints and Conduct) (Jersey) Law 2022 (the enabling Law') was approved by the States Assembly on 30th March 2022. The enabling Law will replace the Police (Complaints and Discipline) (Jersey) Law 1999.
At the August 2025 briefing, the Panel was provided with an update on the draft Regulations, and the Officers explained that further amendments had been made to the draft Regulations. The Panel raised earlier concerns which have been thoroughly reviewed and incorporated into the final drafts, and the Panel understand that all identified issues have been addressed. The Panel acknowledges that the draft Regulations are linked to the following propositions lodged by the Minister for Justice and Home Affairs on 13th October 2025:
• Draft Police (Complaints and Conduct – States of Jersey Police Force) Regulations 202- (P.82/ 2025),
• Draft Police (Complaints and Conduct – Honorary Police) (Jersey) Regulations 202- (P.83/2025) and
• Draft Police (Complaints andConduct) (Jersey) Commencement Act 202- (P.84/2025).
Objectives of the Proposition
The Panel recognises that the primary objective of these provisions is to ensure that any decisions in relation to disciplinary proceedings are applied reasonably, transparently, objectively, proportionately, and fairly. During the briefing, the Panel was informed that these principles are fundamental to maintaining confidence in the disciplinary process and safeguarding both organisational integrity and individual rights.
Key elements
The Panel recognises that the proposition introduces significant legislative changes to modernise and strengthen the framework for complaints and conduct within the States of Jersey Police Force. The Panel understands that these changes include the repeal of the Police (Complaints and Discipline) (Jersey) Law 1999 and amendments to the States of Jersey Police Force (Chief Officer and Deputy Chief Officer) (Jersey) Regulations 2017, ensuring alignment with the Draft Police (Complaints and Conduct – States of Jersey Police Force) Regulations 202-.
The Panel is aware that consequential amendments will also be made to the Data Protection (Jersey) Law 2018 and the Freedom of Information (Jersey) Law 2011, reflecting the updated processes and responsibilities under the new regulations regarding the establishment of the Jersey Police Complaints Authority as the Jersey Police Complaints Commission. The Panel was briefed that minor housekeeping changes will also be introduced to maintain consistency in terminology and procedures relating to police officers and the Chief and Deputy Chief Officer.
The Panel was advised that the new arrangements for managing complaints and conduct are not materially more demanding than the current system, and therefore, there are no financial or staffing implications. The Panel notes that a Children's Rights Impact Assessment has been prepared, which concluded that there is no impact on children and their rights.
The Panel is aware that the disciplinary procedures have been designed to align with best practices, while also recognising the special status of police officers. The Panel was advised that these amendments are necessary to facilitate the introduction of the Law, providing the structural and procedural adjustments required for its effective implementation. The Panel recognises that these changes are integral to achieving a fair and robust disciplinary framework that reflects contemporary standards and legal requirements.
Timescales
The Panel was advised that the draft Regulations will come into force on 5th December 2025 (at the same time as the enabling Law), subject to the approval of the Draft Police (Complaints and Conduct) (Jersey) Commencement Act 202- (P.84/2025).
Stakeholders feedback
During the briefing the Panel queried whether the Minister and Officers had received any feedback from stakeholders as part of the consultation process. The Panel was advised that all stakeholders were said to be satisfied with the draft Regulations.
The Panel also contacted representatives from the States of Jersey Police Association during its review process and there were no issues raised for the attention of the Panel.
Conclusion
The Panel recognises the importance of the draft Regulations in establishing a clear, fair, and consistent framework for handling complaints and conduct within the States of Jersey Police Force. The Panel understands that these measures will enhance transparency, accountability, and public confidence in policing standards, while ensuring that disciplinary processes remain proportionate and aligned with best practice, the Panel is supportive of the rationale behind the draft Regulations.
The Panel is aware that the draft Regulations have been developed following consultation with relevant stakeholders and notes that no concerns were raised during this process. The Panel was advised that the proposed changes are necessary to give full effect to the enabling Law and to modernise the legislative framework governing police complaints and conduct.
Having considered the objectives, key elements, and implications of the draft Regulations, the Panel is supportive of their introduction and recognises that the draft Regulations represent a positive step towards strengthening governance and maintaining high standards within the police service.