Cronfa - Swansea University Open Access Repository _____________________________________________________________ This is an author produced version of a paper published in : Cronfa URL for this paper: http://cronfa.swan.ac.uk/Record/cronfa29885 _____________________________________________________________ Research report for external body : Raynor, P. & Miles, H. (2004). The Conduct and Effectiveness of Parish Hall Enquiries. _____________________________________________________________ This article is brought to you by Swansea University. Any person downloading material is agreeing to abide by the terms of the repository licence. Authors are personally responsible for adhering to publisher restrictions or conditions. When uploading content they are required to comply with their publisher agreement and the SHERPA RoMEO database to judge whether or not it is copyright safe to add this version of the paper to this repository. http://www.swansea.ac.uk/iss/researchsupport/cronfa-support/ THE CONDUCT AND EFFECTIVENESS OF PARISH HALL ENQUIRIES Report presented to the Jersey Probation and After Care Service and the “Building a Safer Society Strategy” Helen Miles Peter Raynor September 2005 ACKNOWLEDGEMENTS We would like to thank the past and present members of the Steering Group for their invaluable advice and assistance: Chief Probation Officer Brian Heath, Inspectors Michel Le Troquer, Jeremy Crow and latterly Mark Houzé of the States of Jersey Police; Centeniers Ted Gallichan and Geoff Cornwall of the Honorary Police and to Ian Rogan of the Home Affairs Department. We are grateful to Her Majesty’s Attorney General, the Comité de Connétables and the Centeniers’ Association for giving permission to conduct this research and to all Centeniers who allowed observation of their practice at Enquiries. Helen Miles is the Research and Information Manager of the Jersey Probation and After Care Service and Post Graduate Research Student, University of Wales, Swansea. [email protected] Peter Raynor is Professor of Criminology and Criminal Justice in the Department of Applied Social Sciences at the University of Wales, Swansea. [email protected] The views expressed in this report are those of the authors, not necessarily those of the Steering Group nor do they reflect States of Jersey Policy. 2 The work we do for ourselves follows us to the grave. The work we do for our community lives on forever - President Theodore Roosevelt 3 Acknowledgements 2 Contents 4 Executive Summary 5 Introduction 18 Part I – Origins and Contexts 1. Origins of the Honorary System 22 2. The Honorary Police 26 3. The Operation of the Hybrid Model of Policing in Jersey 42 4. The Parish Hall Enquiry 54 Part II – Evaluation of the Parish Hall Enquiry today 5. Research Methods 59 6. The Role of the Centenier 61 7. Other Key Players in the Parish Hall Enquiry System 75 8. The Observational Study: process and compliance 81 9. The Observational study: components of effective practice in community- based justice 89 10. Victim Offender Mediation and Restorative Justice 113 11. Comparable Institutions in other jurisdictions 131 12. Parish Hall Enquiry statistics 139 Part III – Conclusions 13. Conclusions 146 14. The Future of the Parish Hall System 153 Part IV – Appendices 156 References 196 4 EXECUTIVE SUMMARY Origins and context of the honorary system and the Parish Hall Enquiry Honorary service in Jersey has its origins in a feudal system of social organisation underpinned by the existence of the ‘fief’. The twelve parish structure became established in the 12 th century, possibly earlier. Each parish provided a framework for ecclesiastical, civil and military organisation. Despite the small geographical area of the island, from a cultural perspective, rather than becoming a single island-wide community, Jersey developed unusually, as an island comprising twelve separate “ bubbles of governance” (Shearing, 2001) each having considerable discretion to shape and control events that took place within parish boundaries. The role of the parish as the primary unit of social organisation in Jersey is of vital importance. The twelve parishes have an internal structure designed to promote good stewardship. Most positions are honorary and office holders are elected by the rate-payers of the respective parish. In other jurisdictions all of these services would be provided by the state via paid functionaries. The existence of the parish as a separate entity, independent of Island central control is important to understanding the social and political circumstances which have allowed the systems of Honorary service to prevail into modernity. The Honorary Police The development of parish policing is likely to have its origins in the form of community organisation established in the medieval period. The parish was responsible for forming a body of men to pursue wrongdoers, keep watch at night, and guard prisoners in custody and to ensure that suspects seeking refuge in the parish churches did not escape. The system of policing within the parishes has changed little since its establishment by the French Kings in early times. Under the general supervision of the Attorney General, honorary officers provide an effective and powerful network of local knowledge that criss-crosses the Island. Authority is derived from the oath of office, sworn before the Royal Court. The powers afforded to the Honorary Police are predominantly customary in origin. Within the boundaries of their own parish the Connétable and the Centenier have the power of arrest and the right of entry to any premises, without warrant, to search for stolen property or prevent a breach of the peace. 1 Imperceptibly, the existence of an unpaid body of parishioners pervades community life, helping to maintain peace and social order across the island. This notion of 1 This Customary Power Was Abolished In December 2004 Following The Enactment Of The Police Procedures And Criminal Evidence (Jersey) Law 2003 5 unremitting watch figured largely in Peel’s creation of a paid police body in London in 1829. The Office of Connétable The Connétable is the principal officer of the respective parish and the head of the Honorary Police. 2 In addition to the policing and administrative functions, the Connétable represents the Parish in the States Assembly. A Connétable is elected by parishioners to serve a three-year term of office. The precise origins of the office are unknown and there is speculation from numerous sources. The title Connétable does not appear in records as a parish official until 1462 (De Gruchy 1957), although it is likely that the role was well established by this time. The Office of Centenier The Connétables are assisted by Centeniers; also elected by parishioners to serve a three-year term. Either retired from, or following another occupation, the Centenier acts in a voluntary, unpaid capacity, primarily performing duties associated with Parish Hall Enquiries and prosecution. The first references in official Jersey records exist as early as 1502 (De Gruchy 1957, Bois 1970). Guizot however raises the possibility of a much earlier incarnation of the role. Citing the title of the “Capitulaire de Louis Le Debonnaire” he notes the existence of the office of Centenier in France in 819. In the absence of any island-wide system of policing, the maintenance of peace and social order in the parish and the investigation of crime fell squarely on the shoulders of the Centenier who occupied a pivotal role in the parish. The powers vested in the Centenier are customary, conferred via the oath of office, administered by the Royal Court as specified in the Code de 1771. The oath empowered the Centenier to seek out and control wrongdoers in order to prevent breaches of the peace arising principally from the over-consumption of alcohol. The States Committee charged with the creation of new legislation have recently revised the oath to reflect the modern context in which the contemporary Centenier operates. The Office of Vingtenier Junior in rank to the Centenier, the Vingtenier was charged with the administration of a vingtaine, a sub-division of the parish for fiscal purposes. (In the parish of St Ouen, these sub-divisions are known as cueillettes). The Vingteniers assist the Centeniers by recording proceedings at Parish Hall Enquiry. 2 Legislation has been lodged to delegate this duty to the Chef de Police of the Parish. 6 The Office of Constables Officer The Officier de Connétable (CO) is the most junior rank of the Honorary Police. The principal role is to assist the Centenier with the routine administration and policing of the parish including road closures for weddings, funerals and fetes. The Hybrid Model of Policing In Jersey The system of policing in Jersey is very unusual and probably unique. It is unlikely that the social and political conditions that assisted its evolution would have existed elsewhere. In effect, the Island has thirteen independent police forces co-existing within an area of forty-five square miles; each one having a separate chain of command. This unique phenomenon provides significant challenges to operational organisation. In most other modern states, the state police act as the gate-keepers to the Criminal Justice system. Their role is principally to detect crime, investigate offences and present offenders before an independent Court which will decide guilt or innocence and deliver punishment accordingly. State police organisations also have a role in crime prevention. The policing model in Jersey provides for the Honorary Police to perform some of these functions conjointly with the States’ Police and some as the sole provider. The level of community involvement in policing is higher in Jersey than most other jurisdictions. Police involvement in the community also differs from other areas in that it is controlled both centrally via the state and locally via the parishes. In other jurisdictions it is possible to pinpoint the ‘centre’ of policing. In Jersey it is impossible to locate because it is decentralised thirteen times. Neither the state, nor the parish, exercise complete control over the provision of policing.