Wrongful or Unlawful Arrest

4.34.02.L6 Updated on:5 November 2021

General

States of Jersey or Honorary Police Officers may only arrest individuals if certain conditions are satisfied and if these conditions are not satisfied then the arrest may be considered unlawful. It is important to realise that a police officer has a certain amount of discretion in deciding whether or not to carry out an arrest and this should not be confused with his legal power to do so.

Powers of Arrest in Jersey

Under The Police Force (Jersey) Law 1974

Where a police officer with reasonable cause suspects that any person committed, is committing or is about to commit, an offence, they may arrest that person.

A police officer for these purposes includes a member of the Honorary Police in addition to a member of the States of Jersey Police.

Port Control Officers, i.e. members of the Port Control Unit, have the same powers if a person whom is suspected with reasonable cause refuses to give their name and address, gives a name and address which the officer believes to be false or tries to abscond, the officer may arrest them and must immediately inform a member of the Force and the Airport Commandant or the Harbour Master as the case may be.  They may arrest a person suspected with reasonable cause has committed, is committing or is about to commit a serious offence. A serious offence is defined as an offence for which the sentence is fixed by law or for which a person, not previously convicted, may be sentenced to a term of imprisonment.