INDEPENDENT COMMISSION OF INVESTIGATIONS ACT

ARRANGEMENT OF SECTIONS

 

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
The Independent Commission of Investigations

   3   Independent Commission of Investigations

   4   Functions of Commission

   5   Independence of Commission

   6   Regional offices

   7   Appointment of Director of Complaints

   8   Appointment of employees, etc

   9   Oath of secrecy

 

PART III
Complaints

   10   Complaints, limitation period

   11   Reports to Commission

   12   Report required where public confidence affected

   13   Commission may initiate investigation

   14   Conduct of investigation

   15   Informal Resolution of complaints

   16   Dispute Resolution

   17   Formal handling of complaints

   18   Hearings

   19   Grant of access to final investigation report

   20   Powers, authorities and privileges

   21   Evidence

   22   Duty to preserve evidence

   23   Obligation to comply with recommendations

   24   Review of Commission's decision

   25   Duty of investigators to provide support, etc

 

PART IV
General

   26   Performance of functions of Commission by members staff

   27   Privileges

   28   Secrecy

   29   Accounts, etc

   30   Reports

   31   Power to continue investigation despite legal proceedings

   32   Register

   33   Offences

   34   Remedy under any provision of law unaffected

   35   Regulations

   36   Power of Minister to amend Schedule and penalties

   37   Review of Act

   38   Provisions applicable where no Leader of the Opposition

   39   Repeal

   40   Transitional provisions relating to Police Public Complaints Authority

      SCHEDULES

 

THE INDEPENDENT COMMISSION OF INVESTIGATIONS ACT

[Date of Commencement: 16th August, 2010]

Act 12 of 2010.

PART I
Preliminary

1   Short title

   This Act may be cited as the Independent Commission of Investigations Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "Commission" means the Independent Commission of Investigations constituted under section 3;

   "Commissioner" means the.person appointed pursuant to section 3 as Commissioner;

   "complaint" means any complaint referred to in section 11, about the conduct of a member of the Security Forces or a specified official and includes a report under section 12 or 13;

   "concerned officer" means-

   (a)   any member (of whatever rank) of the Jamaica Constabulary Force;

   (b)   any member (of whatever rank) of the Jamaica Defence Force when acting in support of the Jamaica Constabulary Force;

   (c)   any member (of whatever rank) of the Island Special Constabulary Force and any person appointed as a parish Special Constable under the Constables (Special) Act;

   (d)   any member of the Rural Police,

about whom a complaint is made;

   "concerned official" means the specified official about whom a complaint is made;

   "Constitution" means the Constitution of Jamaica;

   "correctional officer" has the same meaning as in the Corrections Act;

   "Director of Complaints" means a person appointed pursuant to section 7 as a Director of Complaints of the Commission;

   "document" means-

   (a)   any written information relating (directly or indirectly) to a complaint;

   (b)   any record generated in any manner whatsoever, including any record generated by an automated recording device or programme required to retrieve information in usabte form;

   "functions" includes powers and duties;

   "incident" means any occurrence that involves misconduct of a member of the Security Forces or of a specified official-

   (a)   resulting in the death of, or injury to, any person or that was intended or likely to result in the death of, or injury to, any person;

   (b)   involving sexual assault;

   (c)   involving assault or battery;

   (d)   resulting in damage to property or the taking of money or other property;

   (e)   although not falling within paragraphs (a) to (d), is, in the opinion of the Commission, an abuse of the rights of a citizen;

   "investigation" means an investigation into any occurrence carried out by the Commission, for the purposes of this Act;

   "investigator" in relation to an investigation under this Act means an employee or a part of the Commission assigned duties in relation to that investigation;

   "public body" means-

   (a)   a Ministry, department or agency of Government;

   (b)   a Parish Council, the Kingston and St. Andrew Corporation;

   (c)   a statutory body or authority;

   (d)   a company registered under the Companies Act, being a company in which the Government or an agency of Government, whether by the holding of shares or by financial means, is in a position to influence the policy of the company;

   "region" means the area specified in a scheme established under section 6 as the area to be administered by a regional office;

   "regional office" means a regional office of the Commission established pursuant to section 6, in relation to which a Director of Complaints may be given responsibility;

   "relevant Force" means any one of the Security Forces-

   (a)   involved in an incident; or

   (b)   in relation to which a complaint is made, or an investigation is carried out, under this Act;

   "relevant public body" means the public body-

   (a)   involved in an incident; or

   (b)   in relation to which a complaint is made, or an investigation is carried out, under this Act;

   "responsible head" means the head of a relevant Force;

   "responsible officer" means the officer in charge of a relevant public body;

   "Security Forces" means-

   (a)   the Jamaica Constabulary Force;

   (b)   the Jamaica Defence Force;

   (c)   the Island Special Constabulary Force;

   (d)   the Rural Police; and

   (e)   Parish Special Constables

   "specified official" means-

   (a)   a correctional officer;

   (b)   such other public officer, as the Minister may by order specify, being a person upon whom is conferred any of the powers, authorities and privileges as are conferred by law on a member of the Jamaica Constabulary Force.

PART II
The Independent Commission of Investigations

3   Independent Commission of Investigations

   (1) For the purposes of this Act, there is hereby constituted a Commission of Parliament to be known as the Independent Commission of Investigations.

   (2) The Commission shall consist of a Commissioner, who shall be appointed by the Governor-General by instrument under the Broad Seal, after consultation with the Prime Minister and the Leader of the Opposition, from persons of high integrity, who possess the qualifications to hold office as a Judge of the Supreme Court of Judicature of Jamaica.

   (3) The provisions of the First Schedule shall have effect as to the constitution of the Commission and otherwise in relation thereto.

4   Functions of Commission

   (1) Subject to the provisions of this Act, the functions of the Commission shall be to-

   (a)   conduct investigations, for the purposes of this Act;

   (b)   carry out in furtherance of an investigation and as the Commission considers necessary or desirable-

         (i)   inspection of a relevant public body or relevant Force, including records, weapons and buildings;

         (ii)   periodic reviews of the disciplinary procedures applicable to the Security Forces and the specified officials;

   (c)   take such steps as are necessary to ensure that the responsible heads and responsible officers submit to the Commission, reports of incidents and complaints concerning the conduct of members of the Security Forces and specified officials.

   (2) In the exercise of its functions under subsection (1) the Commission shall be entitled to-

   (a)   have access to all reports, documents or other information regarding all incidents and all other evidence relating thereto, including any weapons, photographs and forensic data;

   (b)   require the Security Forces and specified officials to furnish information relating to any matter specified in the request; or

   (c)   make such recommendations as it considers necessary or desirable for-

         (i)   the review and reform of any relevant laws and procedures;

         (ii)   the protection of complainants against reprisal, discrimination and intimidation; or

         (iii)   ensuring that the system of making complaints is accessible to members of the public, the Security Forces and specified officials;

   (d)   take charge of and preserve the scene of any incident.

   (3) For the purpose of the discharge of its functions under this Act, the Commission shall, subject to the provisions of this Act, be entitled-

   (a)   upon the authority of a warrant issued in that behalf by a Justice of the Peace-

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