ON TUESDAY the Guernsey Court of Appeal is expected to consider an application that could define – or not – just who is responsible for the conduct and direction of the island’s police force.

The confusion exists because there is nothing that explicitly says it is vested in the chief officer and the island’s highest court is being asked to say whether the Deputy Bailiff was right or wrong when he ruled that the States of Guernsey could not be actioned for alleged shortcomings in the actions of officers.

And if that was not confusing enough, the only reason plaintiff Stephen Le Huray went after the States in the first place is because if the police chief is not responsible, who is?

In his case, he appears to have every cause for concern, alleging that he was fitted up for a crime he did not commit, was wrongly imprisoned and, when his lawyer demanded access to secret documents, the matter was mysteriously dropped at the 11th hour, leaving him seriously out of pocket.

Just who should answer those criticisms is a similar point of contention for the legal firm AFR, which is strongly contesting the way an arrest order was issued and executed at 3am with a heavy police presence.

In its case, the confusion over responsibility means it could have to action the officers concerned individually – but it doesn’t know who they are. And, in any event, if PCs can take it upon themselves to seek a late night warrant from a Royal Court judge, what’s the point of having a chief officer at all?

The issue, which Lt-Bailiff Sir de Vic Carey described as serious and having ramifications for the island’s good government, is just part of the question of the role of the States as employer, which the Policy Council is seeking to resolve.

The confusion is one reason why the director of education sought – unsuccessfully – to claim after the particularly brutal and unfair sacking of a head teacher that he was a non-executive chief officer and thus hands off.

And if the appeal court finds that the Deputy Bailiff was wrong, it implies that the 47 States members are in charge of the police, the same people officers might have to investigate if a deputy committed an offence.

Whatever the legal position, islanders will know that that cannot be right.