Guernsey Police could receive ‘Vicarious Liability’

Wednesday 18 September 2024

A change in the law could mean Guernsey's Chief Police Officer is legally responsible for the actions of individuals officers while they're on duty, in future.

Home Affairs have this week published both the policy letter and the accompanying legislation, regarding the possible introduction of 'Vicarious Liability' for Guernsey Police.

Deputies are likely to debate it as soon as the next States meeting on 25 September.

If approved then, the change to the law would mean any liability for the actions of on-duty Officers would fall to Guernsey’s Chief Officer, which is Ruauri Hardy at present, although he is due to retire.

Currently, should an Officer overstep and cause harm while on-duty, they can be actioned legally. This means they can be sued through the civil courts as an individual, and they would have to sort out their own legal representation.

It also means none of the blame can currently be assigned to the Chief Officer.

This is because in Guernsey, Police Officers aren’t considered ‘employees’ as such, but they instead each hold a public office.

Pictured: Guernsey Police Chief Officer Ruari Hardy on duty during the Royal Visit in July.

Should the amendment pass, it would bring Guernsey's law in line with England and Wales, and would mean local Police Officers could be represented by the Law Officers of the Crown if they are actioned for their on-duty actions in the future.

Vicarious Responsibility would fall to Guernsey’s Chief Officer.

This would only stand for cases dealt with by the island's civil courts though.

Should an Officer fall foul of the criminal law while on duty they would still be personally liable for any following criminal proceedings.

The policy letter also sets out the guidelines for a review into the Statutory Complaints Regime - aiming not only to create a regime which is deemed fair, simple, and accountable, but it would also include a review of the Police Complaints Regulations.

Deputy Rob Prow is the President of the Committee for Home Affairs.

“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," he said.

Pictured: Deputy 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 tax payer money will be saved.

“I am grateful that we have been able to submit this policy letter for debate at the next States meeting, as this was an urgent issue which needed addressing.”

Pictured: Deputy Prow has previously defended the money spent on defending police officers in court.

The proposed law change has come just months after it was confirmed more than £250,000 was spent on legal expenses while fighting a series of claims against police officers. 

Deputy Prow defended the expense, while other deputies sought to ask questions about the use of outside law firms during those claims.

Those questions led to the revelation that more than a quarter-of-a-million was drawn from publicly funded sources to fight a civil case on behalf of several police officers.

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