Law Officers and chief could legally represent police

The expected move from Home Affairs follows a case where a six-figure bill was run up defending officers who were facing legal action in the civil court. If accepted, the change will bring officers’ status in Guernsey into line with those in England and Wales.

At present officers who are actioned as a result of discharging their statutory duties must source their own legal representation and the chief officer is not vicariously responsible for them. They are not regarded as States employees but as holders of public office.

‘Where police officers are personally actioned as a result of their actions in the course of carrying out their lawful duties, it is reasonable that they should expect their employer to provide appropriate access to legal advice and representation in keeping with other staff groups,’ said Home Affairs in its report to the States.

‘Moreover, the financial costs of securing private external legal assistance, and as a consequence the cost to the public purse, can be significant.’

The changes will be made in the 2003 Police Powers and Criminal Evidence Law, if States members accept them.

These amendments will affect only those officers facing action through the civil courts and will not apply to criminal proceedings.

Bailiff Sir Richard McMahon has agreed that the matter can be debated at the next meeting on 25 September.

‘The Committee for Home Affairs considered it imperative to progress this work as a priority, as it will close a problematic legislative gap which a recent civil case has highlighted,’ said committee president Rob Prow.

‘Our amendment will allow police officers to benefit from the experience of the Law Officers of the Crown and move us away from the necessity to hire private law firms to represent officers at a cost borne by government. Police officers will therefore be more fairly treated compared to other staff groups, and taxpayer money will be saved.’

The committee successfully asked for amendments to be made to the Police Complaints Law at the last States meeting and Deputy Prow said that the changes needed were identified after it was found that Guernsey Police was, in legal terms, far behind its counterparts around the British Isles.

HOME AFFAIRS has prioritised a comprehensive review of the statutory police complaints regime and intends that this should lead to legal changes before the end of the political term in June.

It wants to develop a complaints regime which is:

Service user-focused, using an approach which is understood by all parties and enables opportunity to learn lessons for the future;

Simple, allowing the complainant, officers and management to navigate the process and understand how their complaint is being progressed;

Fair, both for the person making the complaint and the officer subject of the complaint, with comparative rights to information and appeal;

Clear and accountable, incorporating leadership and reporting mechanisms, ensuring that the right people are making the right decisions based upon the right information; and

Proportionate, enabling complaints to be dealt with as speedily, informally and cost effectively as possible, considering the nature of the complaint.

The intended outcomes of the review, its scope and approach have been agreed by key stakeholders, including the police Senior Officers’ Staff Association, the Guernsey Police Association, the Head of Law Enforcement and the Police Complaints Commission. Home Affairs wants to ensure that all stakeholders have confidence in the policy complaints and discipline process.