ARRANGEMENT OF SECTIONS
1 Short title
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
26 Minister to frame rules for the Force
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
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
Special Powers for Preventing or Detecting Crime
50B Powers of Commissioner in relation to crime detection or prevention
50C Duration of cordon and curfew
50E Custody or disposal of things detained
50F Arrest and detention
50G Persons held in custody
50H Treatment of persons arrested or detained
Pensions, Gratuities and Disability Allowances
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
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
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.]
THE CONSTABULARY FORCE ACT
[Date of Commencement: 19th December, 1935]
20 of 1954,
26 of 1958,
72 of 1960,
28 of 1961,
47 of 1961,
12 of 1962.
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.
Preliminary (sections 1-48)
<IN:LF:0,RT:0.6,FI:0> This Act may be cited as the Constabulary Force Act.
<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)
(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.
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.
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.
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.
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.
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.
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.]
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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