Supplementary guidance on decision to prosecute: environmental protection

Introduction

1. This guidance is supplementary to the Code on the Decision to Prosecute (the "Code”). It does not modify or amend the Code but is rather guidance on the charging process and guidance as to how the Code might be applied in relation to offences investigated by Infrastructure and Environment.

Guidance

2. Following the receipt of an instruction from a Law Officer or a Legal Adviser in the law Officers' Department that a person should be put before the Court, Environmental Protection should:
   1. contact the Chef de Police from the relevant Parish to advise them of the incident, if they are not already aware;
   2. provide the Chef de Police with a copy of the prosecution file and a copy of the charge as advised by the Law Officers' Department. (Normally delivered to the Parish Hall).
3. The Chef de Police/duty Centenier will contact the Criminal Justice Department at Police Headquarters and ask them to forward a copy of the offender’s previous history. (Normally by e-mail to: PNC@jersey.police.je)
4. The Chef de Police/duty Centenier will contact the offender (normally in writing) and notify them to attend at the Parish Hall where they will be charged and summonsed to Court. Charging can be done at Police Headquarters if the Centenier prefers.
5. The Chef de Police/duty Centenier will have arranged a time and date for the offender to attend Court and will tell the offender when they are charged at the Parish Hall.
6. All environmental protection cases should be dealt with by prosecution in Court save where the Centenier has obtained the written consent of the Attorney General, Solicitor General or Legal Adviser employed by the Law Officers’ Department to dispose of the matter in another way.
7. If Chefs de Police have any queries they should be directed to Environmental Protection.

Issued: 27 June 2018

Reviewed: 3 September 2025