Draft Criminal Procedure (Connétables and Centeniers) (Amendment) (Jersey) Law 200-

Jersey Crest

European Convention on Human Rights

In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000 the Chairman of the Comité des Connétables has made the following statement –

In the view of the Chairman of the Comité des Connétables the provisions of the Draft Criminal Procedure (Connétables and Centeniers) (Amendment) (Jersey) Law 200- are compatible with the Convention Rights.

(Signed) Connétable K.P. Vibert of St. Ouen

REPORT

A. Background

1. At the heart of the Honorary Police lies the concept of service, not so much to the Island as to one’s Parish. That is, in part at least, why the duties and powers of honorary office were not exercisable beyond the boundaries of the Parish in which the officer had been elected and was resident.

2. It followed that Centeniers, when charging persons with an offence and presenting them before the criminal courts, performed such functions and exercised such powers only in relation to matters that had occurred within their respective Parishes.

3. Inroads into that basic rule were made, however, by the Criminal Procedure (Connétables and Centeniers) (Jersey) Law 1996 (“the 1996 Law”).

4. Article 2 of the 1996 Law provided that the power of a Connétable or a Centenier to grant bail to or to charge a person –

“. . . may be exercised by a Connétable or a Centenier of a Parish other than that in which the offence was committed if the Connétable or the Centenier of that other Parish has been authorized to act by and on behalf of the Connétable of the Parish in which the offence was committed.”

5. Article 3 of the 1996 Law, which related to proceedings in the Magistrate’s Court, empowered the Connétable or a Centenier of one Parish to –

“. . . present the accused before the Court on behalf of the Connétable of another Parish if the Connétable has been authorized to act by and on behalf of the Connétable of the Parish in which the offence was committed.”

B. Deficiencies in the 1996 Law

6. Whilst the 1996 Law empowers a Centenier of an ‘outside’ Parish to grant bail or to charge a person and/or to present an accused before the Magistrate, this power can only be exercised once an authorization has been given by the Connétable of the Parish in which the offence was committed. Authorization from a Centenier – even from the Chef de Police – is not sufficient.

7. Hence there is a lack of flexibility to meet situations in which powers under the 1996 Law may need to be invoked at short notice.

8. There is also a need for more clarity in the 1996 Law about the ability to hold a Parish Hall inquiry in one Parish in respect of offences that have occurred in several Parishes, but which require to be charged and presented in court together.

C. The reforms in the draft Law

9. Article 2 of the 1996 Law, as mentioned in paragraph 4 above, is concerned with the power to grant bail and to charge suspects. Article 2 is amended by the draft Law so as to enable a Centenier from one Parish to grant bail to, or to charge, a person suspected of having committed an offence in another Parish – provided that a Centenier from the other Parish has authorized this to be done.

10. In other words, any Centenier of the Parish in which an offence had taken place (and not just the Connétable) would be able to authorize a Centenier of another Parish to exercise the necessary powers.

11. Article 3 of the 1996 Law is amended by the draft Law in much the same way. It relates, as noted in paragraph 5 above, to the presentation of an accused before the Magistrate. The amendment enables any Centenier in which an offence has been committed (and not just the Connétable) to authorize a Centenier of another Parish to present the accused before the Magistrate.

12. As was touched on in paragraph 8 above, it sometimes happens that a person has committed several offences (often motoring offences) in quick succession across several Parishes on one day or night. The person is then technically liable to appear at several inquires in the different Parishes concerned.

13. The draft Law inserts a new Article 4A in the 1996 Law which makes it clear that a Centenier of the Parish in which any of the offences has been committed may authorize a Centenier of another Parish to assume all the powers to conduct and decide the Parish Hall inquiry into the alleged offence.

D. Concluding note

14. The changes described above will make it easier for the Centeniers of the different Parishes to assist one another in their functions. A number of historical barriers to co-operation will be removed.

15. The amendments are not so much a matter of reform as of rationalization of certain vital aspects of the jurisdiction of Centeniers for the benefit of efficient policing and court procedures within the Island.

Financial and manpower statement

This Draft Law has no implications for the financial or manpower resources of the States.

European Convention on Human Rights

Article 16 of the Human Rights (Jersey) Law 2000 requires the Minister in charge of a Projet de Loi to make a statement about the compatibility of the provisions of the Projet with the Convention rights (as defined by Article 1 of the Law). On 23rd July 2008 the Chairman of the Comité des Connétables made the following statement before Second Reading of this Projet in the States Assembly –

Explanatory Note

Article 1 defines the Criminal Procedure (Connétables and Centeniers) (Jersey) Law 1996 as the “principal Law”.

Article 2 enables a Centenier of one parish to authorize the Connétable or a Centenier of another parish to exercise the powers of granting bail and charging a person with an offence committed in the first-mentioned parish. The Connétable of a parish already has power to give such an authorization.

Article 3 enables a Centenier of one parish to authorize the Connétable or a Centenier of another parish to present before the Magistrate a person charged with committing an offence in the first-mentioned parish. The Connétable of a parish already has power to give such an authorization.

Article 4 corrects a cross-reference to the functions of a Connétable or Centenier described in the Loi (1864) réglant la procédure criminelle.

Article 5 inserts a new Article in the principal Law.

Article 4A – Parish hall inquiry

This Article creates a new power for the Connétable or a Centenier of one parish to authorize the Connétable or a Centenier of another parish to conduct a parish hall inquiry into an offence alleged to have been committed in the first-mentioned parish.

Article 6 amends Article 5 of the principal Law. The amendment provides that a Connétable or Centenier acting in purported exercise of an authority under the new Article 4A is presumed to act with due authority unless the contrary is proved.

Articles 7 to 11 amend other Laws consequentially upon the addition of Article 4A, whereby the Connétable or a Centenier of one parish may be authorized to conduct a parish hall enquiry in another parish.

Article 12 provides for the citation and commencement of this draft Law.