CONSTABLES (SPECIAL) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Parish Special Constables

   2   Power to appoint Parish Special Constables

   3   Parish Special Constable's oath

   4   Minister's power to cause Parish Special Constable to be appointed

   5   Regulations and orders. Removal of Parish Special Constables

   6   Powers, authorities, advantages and immunities of Parish Special Constables

   7   Penalty for refusing, etc to take oath

   8   Penalty for refusing to serve or obey lawful orders

   9   Suspension and determination of services of Parish Special constables

   10   Expiration of appointment

   11   Penalty for nor delivering up badges, etc after notice

   12   Penalty for assaulting or resisting Special Constables

   13   Payment of Special Constables

   14   Recovery of penalties

 

PART II
Island Special Constabulary Force

   15   Interpretation

   16   Constitution of Island Special Constabulary Force

   17   Composition of Force

   18   Mode of enrolment

   19   Enrolment in Force not compulsory

   20   Period of service

   21   Swearing in and form of oath

   22   Powers, authorities, privileges, immunities, duties and responsibilities of Special Constables

      Assaulting or obstructing Special Constable.

   23   Regulations

   24   Penalty for causing disaffection, etc

 

PART III
Special Constabulary Force Association

   25   Interpretation

   26   Establishment of Special Constabulary Force Association

   27   Prohibition of Special Constables being members of trade unions

   28   Meetings to be secret

   29   Liability of member of Association to discipline

   30   Special Constabulary Force Association Fund

 

PART IV
Pensions, Gratuities and other Allowances

   31   Interpretation

   32   Application of this Part

   33   Special Constables to contribute toward pensions, etc

   34   Refunds on being struck off the strength of the Force

   35   Pension regulations

   36   Pensions, etc to be paid out of Consolidated Fund

   37   Pensions, etc not of right

   38   Circumstances in which pension may be granted

   39   Compulsory retirement

   40   Pensions, etc not to be assignable

   41   Pensions, etc to cease an bankruptcy

   42   Pensions, etc may cease on conviction

   43   Pensions to dependents when Constable dies as a result of injuries received, or disease contracted in the discharge of his duty

   44   Pensions to surviving spouses, etc of Constables who died in the Force

   45   Pension or gratuity on death after retirement

   46   Recovery of pension, etc previously paid

      SCHEDULES

 

THE CONSTABLES (SPECIAL) ACT

[Date of Commencement: 5th May, 1904; Part IV and Fifth Schedule: 1st July, 1974]

Cap 71.

Acts
14 of 1983,
1 of 1988,
4 of 1996,
28 of 2001,
12 of 2008.

1   Short title

   This Act may be cited as the Constables (Special) Act.

PART I
Parish Special Constables (sections 2-14)

2   Power to appoint Parish Special Constables

   In any case where it is made to appear to two Justices for any parish, that any tumult, riot, or felony has taken place, or may reasonably be apprehended in such parish, and such Justices are of opinion that the ordinary officers appointed for the purpose are not sufficient for the preservation of the peace, for the protection of the inhabitants, and for the security of property in such parish, then and every such case such Justices are hereby authorised to appoint by writing under their hand, in the Form contained in the First Schedule, so many as they may think fit of the householders or other persons residing in such parish, or being willing to be appointed Parish Special Constables, to act as Parish Special Constables for such time and in such manner as to the said Justices may seem fit and necessary for the preservation of the public peace, for the protection of the inhabitants and for the security of property in such parish, and such Justices shall forthwith inform the Superintendent of Police of the names of the Parish Special Constables so appointed, and furnish a full report of their action to the Minister.

3   Parish Special Constable's oath

   On the appointment of any Parish Special Constable the following oath shall be administered by a Justice to every person so appointed, that is to say-

   "I, AB, do swear that I will well and truly serve Our Sovereign Lady the Queen in the office of Parish Special Constable for the parish of So help me God":

   Provided nevertheless, that Moravians, Quakers, and other persons having conscientious objections to the taking of an oath, may in lieu of the said oath, make a solemn declaration and affirmation to the same effect before such Justice as aforesaid.

4   Minister's power to cause Parish Special Constables to be appointed

   It shall be lawful for the Minister at any time, if he thinks proper, to cause Parish Special Constables to be appointed by any Justice and sworn in manner aforesaid for the whole of the Island, and to signify, if he sees fit, that no person shall be excused from being so appointed and sworn in by reason of any exemption.

5   Regulations and orders Removal of Parish Special Constable

   The Minister may make all necessary regulations and orders for promoting the efficiency of Parish Special Constables. The Justices who have appointed special constables, or any officer of the Jamaica Constabulary Force not below the rank of Assistant Superintendent shall have authority to remove any Parish Special Constable from his office for any misconduct or neglect of duty therein.

6   Powers, authorities, advantages and immunities of Parish Special Constables

   Every Parish Special Constable appointed under this Part shall, not only within the parish for which he may have been appointed, but also throughout the whole Island, have, exercise, and enjoy all such powers, authorities, advantages and immunities, and be liable to all such duties and responsibilities, as any police or other constable duly appointed now has by any law.

7   Penalty for refusing, etc to take oath

   If any person appointed a Parish Special Constable as aforesaid, refuses to take the oath hereinbefore mentioned when required to do so by a Justice, or refuses, or neglects to appear at the time and place for which he may be summoned for the purpose of taking the said oath, he shall, on being convicted, be liable to forfeit a penalty not exceeding ten dollars, unless he proves to the satisfaction of the court before which he is tried, that he was prevented by sickness, or such unavoidable accident as may in the opinion of the said court, be a sufficient excuse.

8   Penalty, for refusing to serve or obey lawful orders

   If any person, being appointed a Parish Special Constable as aforesaid, and being called upon to serve, refuses or neglects to sere, or to obey such lawful orders and directions as may be given to him for the performance of the duties of his office, he shall, for every such refusal or neglect, on being convicted thereof, be liable to forfeit a penalty not exceeding ten dollars, unless he proves to the satisfaction of the court before which he is tried, that he was prevented by sickness or such unavoidable accident may, in the opinion of the said court, be a sufficient excuse.

9   Suspension and determination of services of Parish Special Constables

   The Justices who may have appointed special constables under this Part, are hereby empowered to suspend or determine the services of any or all of the Parish Special Constables so called out, and notice thereof shall forthwith be transmitted to the Minister.

10   Expiration of appointment

   The appointment of every Parish Special Constable under this Part shall be deemed to be determined upon the expiration of thirty days next after the day upon which such Parish Special Constable is sworn in as a Parish Special Constable, so, however, that he may be again appointed as a Parish Special Constable and sworn in in the manner provided by this Act as if he had not previously been so appointed and sworn in.

11   Penalty for not delivering up badge, etc after notice

   Every Parish Special Constable shall, within one week after the expiration of his office, or after he ceases to hold and exercise the same pursuant to this Act, deliver over to his successor (if any such has been appointed), or otherwise to such person, and at such time and place, as may be directed by any Justice, or by the Superintendent of Police for the parish, every staff, weapon, and other article which may have been provided for such Parish Special Constable; and if any such Parish Special Constable refuses or omits to so do, he shall for such offence, on being convicted thereof, be liable to forfeit a penalty not exceeding four dollars.

12   Penalty for assaulting or resisting Special Constables

   Every person who assaults or resists a Parish Special Constable appointed under this Part, whilst in the execution of his office, or incites or encourages any other person to do so shall be liable, on summary conviction, to forfeit a fine not exceeding forty dollars, or to be imprisoned, not with or without hard labour, for any term not exceeding sixth months.

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