Draft Police (Complaints and Conduct) (Jersey) Amendment Regulations 202-

STATES OF JERSEY

DRAFT POLICE (COMPLAINTS AND CONDUCT) (JERSEY) AMENDMENT REGULATIONS 202-

Lodged au Greffe on 13th October 2025 by the Minister for Justice and Home Affairs Earliest date for debate: 25th November 2025

STATES GREFFE

2025  P.81/2025

REPORT

Introduction  

Subject  to  approval,  the  Draft  Police  (Complaints  and  Conduct)  (Jersey)  Amendment Regulations 202- will repeal and replace outdated provisions governing police complaints and disciplinary procedures. It will facilitate the introduction of new police complaints regulations with  contemporary  standards  and  modernised  processes  that  enhance  transparency, accountability, and public confidence in the handling of police conduct and complaints.

Background

The Police (Complaints and Conduct) (Jersey) Law 2022 was adopted on 30th March 2022. The Law  provides  the  framework  from  which  detailed  rules  for  managing  complaints  can  be developed. It provides some commonality with other legislation in the British Isles to assist with interoperability if some kind of reciprocal exchange of resources and services (more commonly known as "mutual aid"), is required.

Rationale for new legislation

The  objective  is  to  ensure  consistent  complaint  handling  standards  across  the  States  and Honorary police forces.

The focus is on resolving matters early, reasonably, and proportionately, with an emphasis on learning and development. Any decisions in relation to disciplinary proceedings will apply these standards reasonably, transparently, objectively, proportionately and fairly. The disciplinary procedures align with best practices in other employment fields, recognising the special status of police officers.

These consequential amendments make a number of amendments to facilitate the introduction of the Law.

Key elements

The Police (Complaints and Discipline) (Jersey) Law 1999 will be repealed, and the States of Jersey Police Force (Chief Officer and Deputy Chief Officer) (Jersey) Regulations 2017 will be amended to align with the Draft Police (Complaints and Conduct – States of Jersey Police Force) Regulations 202-. In addition, consequential amendments will be made to the  Data Protection  (Jersey)  Law 2018 and  the  Freedom  of  Information  (Jersey)  Law 2011.  Minor housekeeping  changes  will  also  be  introduced  to  ensure  consistency  in  terminology  and procedures relating to police officers and the Chief and Deputy Chief Officer.

Timescales

This legislation will come into force by Commencement Act 202-.

Financial and staffing implications

The new arrangements for the management of complaints and conduct are not materially more demanding than the current system, so there are no finance and staffing implications.

Data protection implications

A threshold assessment was completed which did not indicate a high risk to rights and freedoms in relation to personal data in the draft legislation.

Children's Rights Impact Assessment

A Children's Rights Impact Assessment (CRIA) has been prepared in relation to this proposition and is available to read on the States Assembly website.

Draft Police (Complaints and Conduct) (Jersey) Amendment Regulations 202-  Explanatory Note

EXPLANATORY NOTE

The draft Police (Complaints and Conduct) (Jersey) Amendment Regulations 202-, if passed, will amend various enactments as a consequence of the introduction of the Police (Complaints and Conduct) (Jersey) Law 2022 (the "2022 Law"), which replaces the Police (Complaints and Discipline) (Jersey) Law 1999 (the "1999 Law"). These Regulations also amend the States of Jersey Police Force (Chief Officer and Deputy Chief Officer) (Jersey) Regulations 2017 (the "2017 Regulations") to introduce provisions that are analogous with some of those contained in the draft Police (Complaints and Conduct – States of Jersey Police Force) Regulations 202- (the "Complaints and Conduct Regulations").

Part 1 (Regulations 1 and 2) contains consequential amendments to the Data Protection (Jersey) Law 2018 (the "DP Law"), the Freedom of Information (Jersey) Law 2011 (the "FOI Law") and the 2022 Law.

Regulation 1 replaces in the DP Law a reference to the Jersey Police Complaints Authority with the Jersey Police Complaints Commission.

Regulation 2 makes the Jersey Police Complaints Commission a scheduled public authority for the purposes of the FOI Law.

Regulation 3 inserts a supplementary provision into Article 8 (functions of the Commission) of the 2022 Law to enable Regulations to make further provision about the Commission's function to supervise the investigation of complaints, conduct matters or death or serious injury matters (as respectively defined in Articles 2, 3 and 4 of the 2022 Law).

Part 2 (Regulations 4 to 6) amends various subordinate enactments.

Regulation 4 amends the Honorary Police (Jersey) Regulations 2005 to replace the reference to the 1999 Law with the 2022 Law.

Regulation 5 makes several amendments to the 2017 Regulations that are consequential upon the  introduction  of  the  2022 Law,  and  other  housekeeping  amendments.  In  addition,  new provisions are inserted that have analogous effect to those in the 2022 Law and the Complaints and Conduct Regulations, so that some of the terminology, disciplinary procedures and other related measures that apply in respect of police officers are replicated for the purposes of disciplinary measures in respect of the Chief Officer and Deputy Chief Officer of the States of Jersey Police Force.

Regulation 6 amends the States of Jersey Police Force (General Provisions) (Jersey) Order 2016 to replace a reference to the Discipline Code set out in Schedule 1 to the Police (Complaints and Discipline  Procedure)  (Jersey)  Order 2000  (the  "2000  Order")  with  a  reference  to  the Professional Standards set out in Schedule 2 to the 2022 Law. (The 2000 Order will be repealed and replaced by the Complaints and Conduct Regulations upon the coming into force of the 2022 Law.)

Part 3 (Regulation 7) contains the closing provision.

Regulation 7 gives the title by which these Regulations may be cited and provides for them to come into force immediately after the 2022 Law comes into force. Because of the effect of the amendment to Article 8 of the 2022 Law by Regulation 3 it is desirable for these Regulations to come  into  force  immediately  after  the  2022 Law  but  before  the  Complaints  and  Conduct Regulations.  Those  Regulations,  if  passed,  will  come  into  force  on  the  same  day  as  the 2022 Law.

Draft Police (Complaints and Conduct) (Jersey) Amendment Regulations 202-  Contents

DRAFT POLICE (COMPLAINTS AND CONDUCT) (JERSEY) AMENDMENT REGULATIONS 202-

Contents

DRAFT POLICE (COMPLAINTS AND CONDUCT) (JERSEY) AMENDMENT REGULATIONS 202-

Made  [date to be inserted] Coming into force  [date to be inserted]

THE STATES make these Regulations under Article 4(6)(a) of the Data Protection (Jersey)  Law 2018,  Article 6(a)  of  the  Freedom  of  Information  (Jersey)  Law 2011, Article 23(1) of the Police (Complaints and Conduct) (Jersey) Law 2022, and Articles 9 and 33 of the States of Jersey Police Force Law 2012 –

PART 1

AMENDMENT OF LAWS 1  Data Protection (Jersey) Law 2018 amended

In Schedule 1 (modifications of Law in cases of processing by competent authorities) to the Data Protection (Jersey) Law 2018, in paragraph 1 (list of competent authorities), for "Jersey  Police  Complaints  Authority"  there  is  substituted  "Jersey  Police  Complaints Commission".

2  Freedom of Information (Jersey) Law 2011 amended

In  Schedule 1  (scheduled  public  authorities)  to the  Freedom  of  Information (Jersey) Law 2011, after the entry numbered 9 there is inserted –

10  The Jersey Police Complaints Commission referred to in Article 7 of the

Police (Complaints and Conduct) (Jersey) Law 2022.

3  Police (Complaints and Conduct) (Jersey) Law 2022 amended

In Article 8 (functions  of the  Commission) of the Police  (Complaints  and Conduct) (Jersey) Law 2022, after paragraph (1) there is inserted –

(1A)  The  States  may,  by  Regulations,  make  further  provision  about  the

Commission's  function  to  supervise  the  investigation  of  a  complaint, conduct matter or DSI matter referred to in paragraph (1)(f).

PART 2

AMENDMENT OF SUBORDINATE ENACTMENTS 4  Honorary Police (Jersey) Regulations 2005 amended

In Regulations 4(4) (Honorary Police Association) and 8(4) (Comité des Chefs de Police) of  the  Honorary  Police  (Jersey)  Regulations 2005,  for  "Police  (Complaints  and Discipline) (Jersey) Law 1999" there is substituted "Police (Complaints and Conduct) (Jersey) Law 2022".

5  States of Jersey Police Force (Chief Officer and Deputy Chief Officer) (Jersey)

Regulations 2017 amended

1. This  Regulation  amends  the  States  of  Jersey  Police  Force  (Chief  Officer  and Deputy Chief Officer) (Jersey) Regulations 2017.
2. In Regulation 1 (interpretation) –

1. the following definitions are deleted –
   1. "2000 Order";
   2. "Discipline Code";
   3. "Police Complaints Authority";
2. after the definition "Chief Executive Officer" there is inserted –

"chief officer" has the meaning given in Article 3(6) of the Employment of States of Jersey Employees (Jersey) Law 2005;

3. for the definition "conduct matter" there is substituted – "conduct matter" has the meaning given in Regulation 4A;
4. after the definition "disciplinary proceedings" there is inserted – "harm test" has the meaning given in Regulation 11B;
5. after the definition "investigating officer" there is inserted – "investigating officer's report" means the report given under Regulation 14;
6. after the definition "Police Authority" there is inserted –

"Police Complaints and Conduct Law" means the Police (Complaints and Conduct) (Jersey) Law 2022;

7. after the definition "police officer from some other force" there is inserted –

"Professional Standards" has the meaning given in Article 1 of the Police Complaints and Conduct Law;

"publish" in relation to a document or report, means publish in a manner that is likely to bring it to the attention of the public, including in a form that keeps anonymous the identity of a person named in it;

"sanction" means a disciplinary sanction described in Regulation 33;

3. In Regulation 2 (investigating panel and tribunal), for paragraph (1)(a) and (b) there is substituted –

(1)  In these Regulations, "investigating panel" means a panel appointed by the Minister comprising –

1. the Chief Executive Officer or a chief officer nominated by the Chief Executive Officer;
2. the person designated as the chair of the  Complaints Commission (under  Schedule 1,  paragraph 2(5),  to  the  Police  Complaints  and Conduct Law) or a member of the Complaints Commission nominated by that chair to act as chair of the panel; and

(4)  After Regulation 2 there is inserted –

2A  Limitation of civil liability

1. This Regulation applies to –

1. a person who is, or has been, a member of an investigating panel or tribunal;
2. a human resources professional who is assisting or has assisted an investigating panel or tribunal under Regulation 2(4); and
3. a  person  who  is  advising,  or  has  advised,  a  tribunal  under Regulation 2(5).

2. A person to whom this Regulation applies is not liable in damages for an act done  in  the  discharge,  or  purported  discharge,  of  the  functions  of  an investigating panel or tribunal under these Regulations.
3. Paragraph (2) does not apply –

1. if it is shown that the act was done in bad faith; or
2. to prevent an award of damages made in respect of an act on the ground that the act was unlawful because of Article 7(1) of the Human Rights (Jersey) Law 2000.

(5)  In Regulation 3 (meaning of "complaint") –

1. in  paragraph (1),  for  "a  complaint  in  writing"  there  is  substituted  "a statement in writing";
2. in  paragraph (1)(a),  after  "a  complaint"  there  is  inserted  "expressing dissatisfaction";
3. for paragraph (2) there is substituted –

2. The persons are –

1. a member of the public who claims to be the person in relation to whom the conduct took place;
2. a  member  of  the  public  not  falling  within  sub-paragraph (a)  who claims to have been adversely affected by the conduct;
3. a member of the public who claims to have witnessed the conduct; or
4. a person acting on behalf of a member of the public described in sub- paragraphs (a) to (c).

3. A person described in paragraph (2) includes a member of the Force acting otherwise than in the course of their duty.
4. For the purposes of paragraph (2)(b), a member of the public is adversely affected if they –

1. suffer any form of loss or damage, distress or inconvenience;
2. are put in danger; or

3. are otherwise put at risk of being adversely affected.

6. After Regulation 4 (meaning of "complainant") there is inserted – 4A  Meaning of "conduct matter"

In these Regulations –

"conduct matter" means a matter that is not and has not been the subject of a complaint (other than one which has been withdrawn) but in which there is an indication (whether from the circumstances or otherwise) that an Officer may have –

1. committed a criminal offence; or
2. behaved in a manner that would justify the bringing of disciplinary proceedings;

"conduct", in relation to a conduct matter, includes acts, statements and decisions (whether actual, alleged or inferred).

7. For  Regulation 5  (Discipline  Code  and  offences  against  discipline)  there  is substituted –

5  Professional Standards and disciplinary offences

1. An Officer commits a disciplinary offence if they contravene any of the Professional Standards.
2. References in these Regulations to a "disciplinary charge" are to a charge that an Officer appears to have committed a disciplinary offence.

(8)  After Regulation 5 there is inserted –

5A  Police friend

1. The Officer concerned may choose 1 of the following people who is not otherwise involved in their case to act as their police friend –

1. a member of the Force;
2. a civilian member of the Force's staff;
3. a person nominated by a staff or professional association of which the Officer concerned is a member; or
4. a chief officer.

2. The functions of a police friend include –

1. advising  the  Officer  concerned  throughout  an  investigation  or disciplinary proceedings under these Regulations;
2. unless the Officer concerned is entitled to be legally represented and chooses  to  be  legally  represented,  representing  that  Officer  in disciplinary proceedings or in an appeal under Regulation 36;
3. making representations –

1. under Regulation 9(8), to the investigating panel; or
2. to the Minister concerning any aspect of an investigation or disciplinary proceedings under these Regulations; and

4. accompanying the Officer concerned to an interview, a meeting or a hearing that forms part of an investigation or disciplinary proceedings under these Regulations.

3. The Chief Officer or Deputy Chief Officer must permit a member of the Force, or civilian member of the Force's staff, who is acting as a police friend for the Officer concerned to use a reasonable amount of duty or office time for the purpose of performing the functions set out in paragraph (2).
4. The Chief Executive Officer must permit a chief officer who is acting as a police friend to use a reasonable amount of duty or office time for the purpose of performing the functions set out in paragraph (2).

5B  Disclosure of information by Minister

1. If it appears to be in the public interest to do so, information obtained by the Minister in connection with their functions under these Regulations may be disclosed to a public authority in Jersey or elsewhere.
2. Information disclosed under this Regulation to a public authority must not be further disclosed except –

1. for a purpose connected with a function of that public authority; and
2. with the consent of the Minister.

3. Consent under paragraph (2) may be given only –

1. in relation to a particular disclosure; or
2. in relation to disclosures made in circumstances specified or described in the consent.

(9)  After Regulation 11 (preliminary procedure for dealing with a conduct matter) there is inserted –

11A  Keeping Officer concerned and complainant informed

1. This Regulation applies in the case of an investigation of a complaint or conduct matter.
2. Unless  the  harm  test  requires  otherwise,  the  Minister  must  provide  the Officer concerned and, in the case of a complaint, the complainant, with all the information necessary to keep them informed –

1. of the progress of the handling of the complaint or conduct matter; and
2. of the outcome of the handling of the complaint or conduct matter.

11B  Exceptions to Regulation 11A – harm test

1. Regulation 11A does not apply if –

1. in the opinion of the Minister it is necessary to withhold information –

1. to  prevent  the  premature  or  inappropriate  disclosure  of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;
2. in the interests of national security;

3. for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;
4. because it is justified on proportionality grounds (within the meaning of Article 9(4A) of the Law); or
5. is otherwise necessary in the public interest; and

2. the Minister is satisfied that there is a real risk that the disclosure of that information would cause a significant adverse effect.

2. The  Minister  must  consider  whether  the  withholding  of  information  is necessary if –

1. the  information  is  relevant  to,  or  may  be  used  in,  any  actual  or prospective disciplinary proceedings;
2. the provision of information may lead to the contamination of the evidence of witnesses during disciplinary proceedings;
3. the provision of information may prejudice the welfare or safety of a third party; or
4. the information consists of criminal intelligence.

3. A reference in these Regulations to the harm test means that the withholding of information must satisfy the requirements of this Regulation.

11C  Provision of information to investigating panel

1. The  investigating  panel  may  give  a  notification  to  a  public  authority specifying the information and documents that it considers necessary for the purposes of carrying out its functions under these Regulations.
2. Upon  receipt  of  the  notification,  the  public  authority  must  provide  the specified information and documents only if it is lawfully able to do so and if it is proportionate and reasonable to do so.
3. The public authority must provide the information and documents in the form  and  manner  specified,  and  within  the  period  specified,  by  the investigating panel in its notification.
4. The period specified in the notification must be a reasonably practicable period  in  which  to  enable  the  public  authority  to  provide  the  specified information and documents.

10. In Regulation 12 (initial investigation by investigating panel), in paragraphs (4) and (5),  for  "Police  Complaints  Authority"  there  is  substituted  "Complaints Commission".
11. In  Regulation 13  (further  investigation  supervised  by  Police  Complaints Authority), in the heading and paragraphs (1), (4) and (7), for "Police Complaints Authority", there is substituted "Complaints Commission".
12. In Regulation 14 (investigating officer's report) –

1. in  paragraph (1),  for  "Police  Complaints  Authority"  there  is  substituted "Complaints Commission";
2. after paragraph (2) there is inserted –

3. Paragraph (4)  applies  if  the  investigating  officer  gives  a  report recommending  that  the  Minister  take  action  other  than  preferring  a disciplinary charge or initiating criminal proceedings.

4. Provided  the  Complaints  Commission  has  prepared  a  statement  under Regulation 15(1) confirming that the investigation has been conducted to its satisfaction, the Minister may, if it appears to be in the public interest to do so, publish part or all of the investigating officer's report.

13. In Regulation 15 (action by Police Complaints Authority and Attorney General following  investigating  officer's  report),  in  the  heading  and  in  each  of paragraphs (1)  to  (5),  for  "Police  Complaints  Authority",  there  is  substituted "Complaints Commission".
14. In Regulation 16 (action by the Minister following investigating officer's report) –

1. for  the  heading  there  is  substituted  "Minister's  memorandum  to  the Complaints Commission";
2. in  paragraph (1)  for  "Police  Complaints  Authority"  there  is  substituted "Complaints Commission".

15. In  Regulation 17  (powers  of  Police  Complaints  Authority  as  to  disciplinary charges), in the heading and paragraphs (1), (3) in both places, (4), (6) and (7), for "Police Complaints Authority" there is substituted "Complaints Commission".
16. In Regulation 19 (notice of decision to prefer disciplinary charge and appointment of tribunal) –

1. after paragraph (1) there is inserted –

(1A)  The Minister must, unless the harm test requires otherwise,  provide the

Chairman of the Police Authority with copies of the documents specified in paragraph (4).

2. for paragraph (2) there is substituted –

(2)  As  soon  as  practicable  after  being  notified  under  paragraph (1),  the Chairman of the Police Authority must give the Officer concerned, and in the case of a complaint, the complainant, a written notice specifying –

1. the conduct that it is alleged constitutes a disciplinary offence; and
2. the paragraph of the Professional Standards in respect of which that offence is alleged to have been committed.

4. for paragraph (4)(c) there is substituted –

3. the investigating officer's report or the parts of that report that relate to the Officer concerned (together with any document attached to or referred to in that report that relates to the Officer concerned); and
4. any  statement,  document  or  other  material  obtained  during  the investigation that, in the opinion of the Minister, is relevant to the disciplinary charges the Officer concerned has to answer.

(d)  after paragraph (4) there is inserted –

5. Unless the harm test requires otherwise, the Minister discharges the duty in Regulation 11A  by  sending  the  complainant  a  copy  of  the  investigating officer's report, or the parts of that report that relate to the complaint about the conduct of the Officer concerned (together with any document attached to, or referred to, in that report that relate to the complaint).
6. A copy of the report, or part of it, if provided under paragraph (4)(c) or (5), may be in a form that keeps anonymous the identity of the complainant (if any) or of another person.

17. In Regulation 21 (procedure  on receipt of notice), in paragraph (1)(a), for "an offence against discipline" there is substituted "a disciplinary offence".
18. In  Regulation 23  (documents  to  be  given  to  the  Officer  concerned),  in paragraph (1), for "an offence against discipline" there is substituted "a disciplinary offence".
19. In Regulation 29 (attendance of others at disciplinary hearing), in paragraph (2)(b), for "Police Complaints Authority" there is substituted "Complaints Commission".
20. In  Regulation 33  (finding  of  disciplinary  hearing  and  subsequent  action  if disciplinary offence proven) –

1. in paragraph (2), for "punishments" there is substituted "sanctions";
2. for paragraph (3) there substituted –

(3)  The  Minister  must  consider  what  sanction  to  impose,  if  any,  following consideration  of  the  tribunal's  report  and  may  impose  on  the  Officer concerned a sanction specified in paragraph (2) that is not more severe than the sanction recommended by the tribunal.

3. in paragraph (5), for "Any punishment" there is substituted "A sanction";
4. in paragraph (6), for "punishment" there is substituted "sanction".

21. In Regulation 34 (personal record to be considered before punishment imposed), in the heading and in the first line of that Regulation, for "punishment" there is substituted "sanction".
22. In Regulation 35 (records of disciplinary proceedings) –

1. in the heading, after "proceedings" there is inserted "and publication of investigating officer's report";
2. after paragraph (2) there is inserted –

(3)  If  the  requirements  of  the  harm  test  have  not  been  satisfied  and  the investigating officer's report has been disclosed under Regulation 19, the Minister may, if it appears to be in the public interest to do so, publish part or all of the investigating officer's report.

23. In Regulation 36 (appeals) –

1. in  paragraph (1),  in  both  places,  for  "punishment"  there  is  substituted "sanction";
2. in paragraph (4)(c), for "punishment" there is substituted "sanction";
3. in  paragraph (5),  in  both  places,  for  "punishment"  there  is  substituted "sanction".

24. In Regulation 37(a) and (b) (personal record of the Officer), in each place, for "punishment" there is substituted "sanction".

6  States of Jersey Police Force (General Provisions) (Jersey) Order 2016 amended

In Article 12 (business interests of police officers and relatives) of the States of Jersey Police Force (General Provisions) (Jersey) Order 2016 –

1. in paragraph (4), for "conduct breaches or would breach the Discipline Code set out in Schedule 1 to the Police (Complaints and Discipline Procedure) (Jersey) Order 2000", there is substituted "conduct contravenes or would contravene the Professional Standards";
2. for paragraph (14) there is substituted –

(14)  Paragraph (15) applies if a business interest has been held by the appropriate officer under paragraph (6) to be incompatible with continued membership of the Force and –

1. no appeal has been made under this Article; or
2. an appeal has been made under this Article and the Chief Officer has upheld the appropriate officer's decision.

(15)  The  appropriate  officer's  decision  is  regarded  as a  lawful order for  the

purposes of paragraph 6 of the Professional Standards, and failure by the police officer to abide by that lawful order constitutes misconduct within the meaning of Regulation 1 of the Police (Complaints and Conduct – States of Jersey Police Force) Regulations 202-.

(16)  In this Article, "Professional Standards" means the Professional Standards set out in Schedule 2, paragraphs 2 to 11, to the Police (Complaints and Conduct) (Jersey) Law 2022.

PART 3

CLOSING PROVISION

7  Citation and commencement

These  Regulations  may  be  cited  as  the  Police  (Complaints  and  Conduct)  (Jersey) Amendment  Regulations  202-  and  come  into  force  immediately  after  the  Police (Complaints and Conduct) (Jersey) Law 2022.