Draft Police (Complaints and Conduct – States of Jersey Police Force) Regulations 202- (P.82/2025): comments

STATES OF JERSEY

DRAFT POLICE (COMPLAINTS AND CONDUCT – STATES OF JERSEY POLICE FORCE) REGULATIONS 202- (P.82/2025): COMMENTS

Presented to the States on 20th November 2025

by the Children, Education and Home Affairs Scrutiny Panel

STATES GREFFE

2025  P. 82 Com.

COMMENTS

The Children, Education and Home Affairs Panel (hereafter the Panel') welcomes the amendments proposed within Draft Police (Complaints and Conduct – States of Jersey Police Force) Regulations 202- (P.82/ 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. 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.81/ 2025),

• Draft Police (Complaints and Conduct – Honorary Police) (Jersey) Regulations 202- (P.83/2025) and

• Draft  Police  (Complaints  and Conduct)  (Jersey)  Commencement  Act  202- (P.84/2025).

Objectives of the Proposition

The Panel acknowledges that if approved, the draft Regulations will establish rules for investigating complaints against the States of Jersey police officers and, also, cover disciplinary actions and appeals related to investigations into States of Jersey police officers.

The Panel was advised that the objective of the draft Regulations is to maintain public confidence in, and the reputation of, the police service, to uphold high standards in policing and deter misconduct, and to protect the public.

The Panel considers the proposed changes desirable as it is expected to ensure consistent complaint handling standards and increase public confidence in the handling of police conduct and complaints.

Police (Complaints and Conduct) (Jersey) Law 2022

The enabling Law was adopted by the States Assembly on 30th March 2022. The enabling  Law  provides  the  framework  from  which  detailed  rules  for  managing complaints against the States of Jersey Police and Honorary Police can be developed., together with the framework relating to the conduct of investigations, disciplinary proceedings and appeals.

The Panel was advised that a key aspect of draft Regulations was that they would provide some commonality with respective legislation in the British Isles to assist with  interoperability if mutual aid is required, for example, in an instance of a major incident where joint working with other forces is required.

The legislative change will apply to designated persons (DPs) and former employees, which the previous law did not. Should the draft Regulations be approved, they will apply to serving and former officers of the States of Jersey Police and DPs, providing it is filed while they are still serving, or the complaint is filed within 12 months of their departure. The Panel accepts that the investigations will continue even after departure for accountability, though reviews and appeals will not apply. The DCO will have powers to suspend officers (except former officers) in cases of criminal charges of serious misconduct.

Complaints referral process

During the briefing, the Panel queried how the draft Regulations, if approved, will work, and Officers outlined the process. The Panel was advised that if the draft Regulations are approved, the referral process will establish a clear and consistent pathway for handling complaints and conduct matters across all States and Honorary police forces. The Deputy Chief Officer (DCO) of the States of Jersey Police will have a statutory duty to refer suspected criminal offences to the  Solicitor General, ensuring legal oversight at an early stage. Complaints will be formally recorded by the Chief Officer, with evidence preserved and notifications provided to both the complainant and the officer concerned, subject to public interest exceptions. The  Panel notes that this structured approach aims to enhance transparency and accountability while maintaining flexibility for exceptional cases, such as anonymous or vexatious complaints, which may be dismissed with agreement of the Jersey Police Complaints Commission.

Resolution options

The Panel notes that the resolution options will be decided by the DCO following an initial assessment. The Panel recognises that if the draft Regulations are approved, resolution  options  will  prioritise  early,  reasonable,  and  proportionate  outcomes, reflecting the legislation's emphasis on learning and development. The introduction of the Agreed Resolution of Complaints process will replace informal resolution, allowing disputes to be settled without formal investigation where serious disciplinary action is unlikely. This process will involve an appointed officer of Inspector rank or above and will ensure documented outcomes, with the complainant retaining the right to request a review by the Commission.

Additionally,  the  Reflective  Practice  Review  Process  will  provide  a  constructive mechanism for addressing issues requiring improvement, while performance-related concerns will continue under existing procedures. The Panel considers these options to be aligned with best practice and conducive to maintaining public confidence.

Investigation process

The Panel is aware that if the draft Regulations are approved, investigations will follow a structured and independent process. The DCO will first conduct an initial assessment to determine whether a matter amounts to misconduct, gross misconduct, or neither. Where neither applies, the DCO may refer the issue to reflective practice, performance procedures, or take no action. If misconduct or gross misconduct is indicated, a formal investigation will be initiated.

The  DCO  will  appoint  a  qualified,  independent  investigator  approved  by  the Commission, which may recommend external appointments. Investigations will gather  evidence, provide progress updates every four weeks, and report to the Commission if not completed within 12 months. Upon completion, if there is a case to answer, the matter will proceed to a misconduct meeting (for misconduct) or misconduct hearing (for gross misconduct), with disciplinary options ranging from written warnings to dismissal. The Commission will supervise investigations, attend hearings if invited, and confirm satisfaction with outcomes. Appeals will be heard by a Panel including a Royal Court Judge and two Jurats, ensuring judicial oversight. Reflective practice reviews will remain separate, focusing on learning rather than sanctions.

Key elements and Timescales

The Panel is aware that, should the draft Regulations be approved, they will apply to serving and former officers of the States of Jersey Police, with complaints about former officers limited to incidents during service and filed within 12 months. The Panel understands that the investigations will continue even after departure for accountability, though reviews and appeals will not apply. The DCO will have powers to suspend officers (except former officers) in cases of criminal charges of serious misconduct. The Panel notes that records can be withheld by the DCO, if disclosure would harm an investigation or the public interest, and the DCO must review this decision regularly.

The 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 that the draft Regulations are intended to strengthen public trust in  policing,  uphold  professional  standards,  and  safeguard the  public  by  deterring misconduct. The Panel considers the proposed framework beneficial as it introduces consistent  procedures  for handling  complaints  and  conduct  matters,  supported  by independent oversight. The Panel is supportive of the draft Regulations as the proposed changes are expected to enhance confidence in how police complaints and conduct issues are managed, therefore promoting transparency and accountability.