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Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004

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Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004 POLICE PROCEDURES AND CRIMINAL EVIDENCE (CODES OF PRACTICE) (JERSEY) ORDER 2004 Revised Edition 23.750.20 Showing the law as at 1 January 2009 This is a revised edition of the law Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004 Arrangement POLICE PROCEDURES AND CRIMINAL EVIDENCE (CODES OF PRACTICE) (JERSEY) ORDER 2004 Arrangement Article 1 Codes of practice............................................................................................. 7 2 Citation ............................................................................................................ 7 SCHEDULE 8 CODES OF PRACTICE 8 CODE A 8 A CODE OF PRACTICE FOR THE EXERCISE BY POLICE OFFICERS OF STATUTORY POWERS OF STOP AND SEARCH 8 1 General ............................................................................................................ 8 2 Principles governing stop and search .............................................................. 8 3 Explanation of powers to stop and search....................................................... 9 4 Conduct of searches ...................................................................................... 13 5 Recording requirements ................................................................................ 16 6 Monitoring and supervising the use of stop and search powers ................... 17 CODE B 23 A CODE OF PRACTICE FOR THE SEARCHING OF PREMISES BY POLICE OFFICERS AND THE SEIZURE OF PROPERTY FOUND BY POLICE OFFICERS ON PERSONS OR PREMISES 23 1 General .......................................................................................................... 23 2 Search warrants and production orders ......................................................... 25 3 Entry without warrant ................................................................................... 27 4 Search with consent ...................................................................................... 27 5 Searching of premises: general considerations ............................................. 28 6 Seizure and retention of property .................................................................. 31 7 Action to be taken after searches .................................................................. 33 Revised Edition – 1 January 2009 Page - 3 23.750.20 Police Procedures and Criminal Evidence (Codes of Practice) Arrangement (Jersey) Order 2004 8 Search Register ............................................................................................. 34 CODE C 35 A CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING OF PERSONS BY POLICE OFFICERS 35 Meaning of Terms ........................................................................................................ 35 1 General .......................................................................................................... 35 2 Custody ......................................................................................................... 39 3 Treatment of Detained Persons ..................................................................... 42 4 Searches of Detained Persons ....................................................................... 46 5 Right to have someone informed when arrested........................................... 47 6 Access to Legal Advice ................................................................................ 48 7 Additional Rights of Citizens of Independent commonwealth Countries or Foreign Nationals ..................................................................... 52 8 Conditions of Detention ................................................................................ 53 9 General .......................................................................................................... 55 10 Cautions ........................................................................................................ 57 11 Interviewing and Questioning of Suspects ................................................... 58 12 Interviews General ........................................................................................ 61 13 Persons at Risk: Juveniles & those who are Mentally Disordered or Mentally Vulnerable ..................................................................................... 62 14 Interpreters .................................................................................................... 63 15 Questioning Special Restrictions .................................................................. 65 16 Review and Maximum Periods of Detention................................................ 65 17 Charging/Bailing of Detained Persons ......................................................... 68 CODE D 87 A CODE OF PRACTICE FOR THE IDENTIFICATION OF PERSONS BY POLICE OFFICERS 87 1 Introduction................................................................................................... 87 2 General .......................................................................................................... 87 3 Identification by witnesses ........................................................................... 91 4 Identification by fingerprints ........................................................................ 99 5 Actions to ascertain identity ....................................................................... 103 6 Identification by body samples and impressions ........................................ 103 CODE E 127 A CODE OF PRACTICE ON TAPE RECORDING OF INTERVIEWS WITH SUSPECTS 127 1 General ........................................................................................................ 127 2 Recording and the sealing of master tapes ................................................. 127 3 Interviews to be tape recorded .................................................................... 128 4 The interview .............................................................................................. 129 5 After the interview ...................................................................................... 134 6 Tape security ............................................................................................... 134 7 Transcribing summaries of tape recorded interviews ................................. 135 Page - 4 Revised Edition – 1 January 2009 23.750.20 Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004 Arrangement CODE F 137 A CODE OF PRACTICE ON THE TESTING FOR THE PRESENCE OF CLASS A DRUGS 137 1 General ........................................................................................................ 137 2 Procedure .................................................................................................... 138 3 Use of test results ........................................................................................ 139 Supporting Documents ENDNOTES 140 Table of Legislation History....................................................................................... 140 Table of Endnote References ..................................................................................... 140 Revised Edition – 1 January 2009 Page - 5 23.750.20 Police Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004 Article 1 POLICE PROCEDURES AND CRIMINAL EVIDENCE (CODES OF PRACTICE) (JERSEY) ORDER 2004 THE HOME AFFAIRS, in pursuance of Article 62 of the Police Procedures and Criminal Evidence (Jersey) Law 2003,1 orders as follows – Commencement [see endnotes] 1 Codes of practice The codes of practice set out in the Schedule shall have effect. 2 Citation This Order may be cited as the Procedures and Criminal Evidence (Codes of Practice) (Jersey) Order 2004. Revised Edition – 1 January 2009 Page - 7 23.750.20 Police Procedures and Criminal Evidence (Codes of Practice) SCHEDULE (Jersey) Order 2004 SCHEDULE (Article 1) CODES OF PRACTICE2 CODE A A CODE OF PRACTICE FOR THE EXERCISE BY POLICE OFFICERS OF STATUTORY POWERS OF STOP AND SEARCH 1 General 1.1 This Code of Practice must be readily available at all police stations and Parish Halls for consultation by police officers, detained persons and members of the public. 1.2 The notes for guidance included are not provisions of this Code, but are guidance to police officers and others about its application and interpretation. Provisions in the Annexes to the Code are provisions of this Code. 1.3 This Code governs the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest. The main stop and search powers to which this Code applies are set out in Annex A, but that list should not be regarded as definitive. [See Note 1] 1.4 This Code applies to stops and searches under powers – (a) requiring reasonable grounds to suspect that articles unlawfully obtained or possessed are being carried; (b) authorised under Article 40 of the Terrorism (Jersey) Law 2002, authorisation to stop and search to prevent acts of terrorism; (c) authorised under Article 49 of, and paragraphs 4 to 7 of Schedule 8 to, the Terrorism (Jersey) Law 2002, authorisation to stop and search within ports. 2 Principles governing stop and search 2.1 Powers to stop and search must be used fairly, responsibly, with respect for people being searched and without discrimination. Officers must not discriminate on the grounds of race, colour, ethnic origin, nationality or national origins when using their powers. 2.2 The intrusion on the liberty of the person stopped or searched must be brief and detention
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