From Anthony Doull.
IT is clear that the Jersey police authorities have an excellent relationship with the Jersey citizens and this is no doubt well earned and should be carefully nurtured by both the police and the citizens of the Island. Both need to play their part in maintaining those good relations.

All students of law will be familiar with the distinction between the ‘letter of the law’ and the ‘spirit of the law’, as should hopefully every member of the police authorities at whatever level.

This distinction is vital to every community because it will be understood that when laws are made, those making the laws cannot possibly cover every imaginable circumstance on a specific issue on one piece of paper. Thus a law is generally passed to broadly define the rules by which the police authorities should act to protect the citizens.

This simple illustration consequently allows the police authorities a degree of discretion in any given circumstance as to what is perhaps reasonable or not reasonable. Thus you have the ‘letter of the law’ and the ‘spirit of the law’.

It must also be understood that the process of fining drivers of vehicles is specifically for the protection of citizens – for instance for the safety of pedestrians – and not to earn revenue for the state. I am quite certain that the police authorities would agree with that principle.

A specific illustration of such an issue occurs currently in Rue de l’Eglise (Jubilee Hill), where the speed limit is reduced at one point from 40 mph to 20 mph. The police will explain that the specific reason for this 50 per cent reduction in the speed limit at that point is because of the immediate proximity of schools and the consequent danger to children in that area. No reasonable driver or citizen could or would take issue with that explanation or motivation for the reduction. Both the ‘letter of the law’ and the ‘spirit of the law’ demand a fine for speeding at that point.

However, in the event that the schools are closed, such as at the weekend, the very rationale for the reduction in the speed limit ceases to exist. There are presumably still children around in that area but then that will apply to most of the Island, in which case the speed limit everywhere should be reduced to 20 mph. However, that is not the case.

So to return to the issue of police speed trapping in this specific area during weekends. It is most certainly within the ‘letter of the law’ for them to do so but it is equally not in the ‘spirit of the law’ to do so because, once again, the reason for imposing the limit in the first place does not exist.

It follows ipso facto that as the fine is not imposed for the very reason it was put in place, then it is simply a source of revenue to the state.

The authorities need to give very careful consideration to whether such a deviation from the accepted norm is a positive contribution to the existing excellent relations with the citizens of the Island. Both parties need to play their part to sustain those relations.
4 Grouville Park,
Chemin au Grèves,
Grouville.