CONSTABULARY FORCE ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

Constitution of the Force

   3   Governor-General to constitute Police Force and to appoint Officers and Constables of the Force

   4   Oath to be taken

   5   Term of enlistment

   6   Absence without leave

   7   Minister to set apart for the Force barracks, etc

   8   Central Depot with proper staff to be established

   9   Officers and men to undergo course of drill

   10   No person of Force to hold other public employment without consent of Governor-General

   11   Minister to provide hospitals, etc for the sick men of the Force

   12   Consequences of dismissal from the Force

 

Duties and Powers of the Force

   13   Duties of the Police

   14   Duties of Officers

   15   Members of the Police Force may arrest without warrant in certain cases

   16   Power of arrest under warrant

   17   Powers for searching persons

   18   Further powers to apprehend without warrant

   19   Powers to stop and search vehicles

   20   Power to prevent congestion in thoroughfare

   21   Powers to control traffic

   22   Power to regulate traffic

   23   Procedure after arrest

   24   Procedure when person in custody without warrant

   25   If bail declined person must on request be taken before Justice

 

Discipline

   26   Minister to frame rules for the Force

 

Miscellaneous

   27   Penalty on possession of arms, etc by persons not of Force

   28   Penalty on unauthorised use of police uniform

   29   Penalty for harbouring men of the Force

   30   Penalty for assaulting or obstructing Police

   31   Alternative penalty for offence under section 30

   32   Fines, etc how recoverable

   33   Actions against persons of the Force to be in tort

   34   When protected by Justices' Warrants

   35   Member's of the Force entitled to witnesses' expenses

   36   Right of Officers to prosecute in Police cases

   37   Motor vehicles, horses, etc

   38   Exemption from taxes

   39   Exemption from stamp duty

 

Constabulary Reward Fund

   40   Fines and penalties to be paid to Accountant-General

   41   To be invested in Workers Savings and Loan Bank

   42   Investment of excess

   43   Payment of extraordinary expenses

 

Disposal of Stolen or Unclaimed Property in Custody of Police

   44   Powers as to disposition or detention of property charged to be stolen and in custody of the Police

   45   Power to detain and sell unclaimed property in custody of the Police

   46   How and when and after what advertisements property to be sold

   47   Power to detain and sell unclaimed livestock

   48   Saving Clause

 

PART II
Culling out for Military Service

   49   When Governor-General may order that Force shall be employed on actual military service

   50   Provision for wife and family of Sub-Officer or Constable killed, etc on actual military service

 

PART IIA.
Special Powers for Preventing or Detecting Crime

   50A   Interpretation

   50B   Powers of Commissioner in relation to crime detection or prevention

   50C   Duration of cordon and curfew

   50D   Search

   50E   Custody or disposal of things detained

   50F   Arrest and detention

   50G   Persons held in custody

   50H   Treatment of persons arrested or detained

 

PART III
Pensions, Gratuities and Disability Allowances

   51   Interpretation

   52   Deductions to be made from pay of Constables

   53   Pension regulations

   54   Pensions, etc to be paid out of Consolidated Fund

   55   Pensions, etc not of right

   56   Circumstances in which pension may be granted

   57   Compulsory retirement

   58   Pensions, etc not to be assignable

   59   Pensions, etc to cease on bankruptcy

   60   Pensions, etc may cease on conviction

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

   62   Pensions to surviving spouses, etc of Constable who died Force

   63   Pension or gratuity on death after retirement

   64   Death or injury owing to war conditions

   65   Refunds on being struck off the strength of the Force

   66   Application of Part III

   66A   Election

 

PART IV
Police Federation

   67   Constitution of Police Federation

   68   Prohibition against Constables being members of trade unions

   69   Penalty on persons causing disaffection, etc

   70   Meetings to be secret

   71   Liability of member of Federation to discipline

   72   Police Federation Fund

 

PART V
The Constabulary Force Band

   73   Formation and composition of Band

   74   Appointment of Band President

   75   Equipment of Band

   76   Vesting and management of moneys, property, etc of Band

   77   Attendance at drills and parades, etc

   78   Power of Commissioner to make rules

 

PART VI . . .

   79 to 84   [Repealed by Act 33 of 2005 s 1.]

      SCHEDULES

 

THE CONSTABULARY FORCE ACT

[Date of Commencement: 19th December, 1935]

<IN:LF:0,RT:0.6,FI:0>Cap 72.

<IN:LF:0,RT:0.6,FI:0>Laws
20 of 1954,
26 of 1958,
72 of 1960,
28 of 1961,
47 of 1961,
12 of 1962.

<IN:LF:0,RT:0.6,FI:0>Acts
27 of 1964,
40 of 1965,
11 of 1973,
39 of 1974,
2 of 1985,
14 of 1994,
20 of 1994,
23 of 1994,
31 of 1995,
11 of 1997,
12 of 1997,
16 of 1998,
19 of 2000,
23 of 2002,
33 of 2005,
2 of 2007.

PART I
Preliminary (sections 1-48)

1   Short title

<IN:LF:0,RT:0.6,FI:0>   This Act may be cited as the Constabulary Force Act.

2   Interpretation

<IN:LF:0,RT:0.6,FI:0>   In this Act the following expressions have the following meanings-

<IN:LF:0,RT:0.6,FI:0>   "Officer" means all members of the Jamaica Constabulary Force above the rank of Inspector;

<IN:LF:0,RT:0.6,FI:0>   "Sub-Officer" means any member of the Force above the rank of Police Constable and below that of Assistant Superintendent;

<IN:LF:0,RT:0.6,FI:0>[40/1965 s 2.]

<IN:LF:0,RT:0.6,FI:0>   "the Force" means the Jamaica Constabulary Force.

Constitution of the Force (sections 3-12)

3   Governor-General to constitute Police Force and to appoint Officers and Constables of the Force

   (1) It shall be lawful for the Governor-General to constitute a Police Force which shall be called "The Jamaica Constabulary Force" which shall be partially under Military Organisation and Discipline.

   (2) Subject to the provisions of subsection (3) the Force shall consist of-

   (a)   a Commissioner who shall have the sole operational command and superintendence of the Force;

[40/1965 s 3; 20/1994 s 2(b).]

   (b)   such number of Deputy Commissioners, Assistant Commissioners, Senior Superintendents, Superintendents, Deputy Superintendents, Assistant Superintendents, Inspectors, Sergeants, Corporals, Acting Corporals and Police Constables as the Minister may from time to time determine,

and the order of rank and command of the members of the Force shall, subject as aforesaid, be the order in which they are set forth.

   (2A) The Minister may give to the Commissioner directions as to the policy to be followed by the Force.

[20/1994 s 2(c).]

   (3) The Minister may by order from time to time establish ranks other than those specified in subsection (2) and below that of Assistant Superintendent and the Commissioner shall determine the command and duties of members of the Force in the ranks so established.

[40/1965 s 3.]

   (4) Every Officer shall have power-

[28/1961 s 3.]

   (a)   to make or cause to be made the proclamation under the Riot Act;

   (b)   to swear other members of the Force, district constables and special constables to informations and to issue summonses thereon, but nothing in this section shall authorise any Officer to issue any search warrant or warrant on information for the arrest of any person;

   (c)   to administer the oath specified in section 4;

   (d)   to swear other members of the Force, any district constable and any special constable to affidavits of service of any summons or subpoena,

as fully and effectually as if such Officer were one of Her Majesty's Justices of the Peace for the parish in which such power is exercised, and such Officer in the execution of this power shall be entitled to all the immunities, privileges and protection conferred on Justices in the same way and to the same extent as if such Officer were a Justice.

   (5) Every member of the Force shall have, in every parish of this Island, all powers which may lawfully be exercised by a Constable, whether such powers are conferred by this Act or otherwise.

4   Oath to be taken

   No person to be appointed under this Act to be an Officer or a Sub-Officer or Constable, shall be capable of holding the said office until he shall take and subscribe the oath here following that is to say-

[28/1961 s 3.]

   I, AB, do swear that I will well and truly serve Our Sovereign Lady the Queen, in the office of (here insert the description of the office)
without favour or affection, malice or ill-will and that I will see and cause Her Majesty's Peace to be kept and preserved; and that I will prevent, to the utmost of my power, all offences against the same; and that while I shall continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully, according to law-So help me God-

which oath shall be administered by any of Her Majesty's Justices or by an Officer.

5   Term of enlistment

   Sub-Officers and Constables of the Force may be enlisted for a term of five years, and no Sub-Officer or Constable of the Force, so enlisted, shall be at liberty to withdraw himself from the Force until the expiration of that term, and no Sub-Officer or Constable of the Force who has not been enlisted for a term shall be at liberty to withdraw himself from the Force until the expiration of six months from the time he shall have given notice in writing of his intention so to do to the Officer under whose immediate orders he shall be; and if any Sub-Officer or Constable shall so resign or withdraw himself before the expiration of such term, without the permission of the Commissioner or without such previous notice, he shall for such offence, forfeit and pay a penalty not exceeding twenty dollars, on summary conviction; and it shall be lawful for the Court, in case such penalty shall not be paid, to commit such person to an adult correctional centre with or without hard labour, for any period not exceeding three calendar months.

6   Absence without leave

   Every Officer, Sub-Officer or Constable who shall absent himself from duty without leave for over forty-eight hours, without satisfactory explanation, shall be held automatically to have vacated his position.

7   Minister to set apart for the Force barracks, etc

   The Minister may set apart for the use of the Force any barracks or other building of or belonging to the Government of this Island and may make such further provision for the accommodation of the Officers, Sub-Officers and men of the Force at the several posts to be assigned to them as may be necessary.

8   Central Depot with proper staff to be established

   A suitable building, with drill ground attached, shall be set apart by the Minister as a Central Depot under an Officer and a proper staff for the purpose of training the Officers, Sub-Officers and men, and of maintaining the whole Force always in an effective state of drill and discipline.

9   Officers and men to undergo course of drill

   All members of the Force below the rank of Assistant Commissioner, shall undergo a course of drill at the Central Depot, on admission into the Force, and may be returned to the Central Depot for the same purpose, if and when necessary as long as they shall continue in the Force.

[28/1961 s 3.]

10   No person of Force to hold other public employment without consent of Governor-General

   No person of any rank appointed to the Force shall, while he holds such appointment, hold any other public employment without the consent of the Governor-General signified in writing under the hand of the Minister.

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