.Exam Study

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 24

TOPIC

Use of force
Pursuit driving
Search Warrant
Care and custody of prisoner
Discipline code
Offense
Complaint made at the station
Complaints made on the street
Briefing and debriefing

CALEA: The Commission on Accreditation for Law Enforcement


Agencies
RBPF's mission is to provide the highest quality police service in partnership with our
community to ensure a safe and stable environment.

(1).USE OF FORCE POLICY Chapter 22 from 140-


155
140. The purpose of this order is to provide specific guidelines regarding the issue and
use of firearms and the use of life threatening and non-deadly force by members of the Force. A
copy of this policy must be issued to all members of the Force and appropriate training provided
with regards to the directions in this policy prior to being authorized to carry a weapon. In each
case the issuence and instructions shall be documented.
CALEA Standard 1.3.12

141. Performance of the police functions raises the possibility that at some given time and
under circumstances of necessity, members of the Royal Barbados Police Force may be called upon
to use life threatening force in the performance of their duties. This Force recognises and respects
the value of each human life. Investing police officers with the lawful authority to use force to
protect the public welfare, a careful balancing of all human rights is required. Therefore, it is the
policy of this Force that police officers shall:

(a) use only that force that is reasonably necessary to achieve lawful objectives;
CALEA Standards 1.3.1, 1.3.3
(b) meet force with like force and no more while protecting the life of the officer
or another. CALEA Standard 1.3.3

142. The United Nations has issued a draft on the Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials. This document is hereby endorsed by the Royal
Barbados Police Force and is incorporated in part into this policy as follows:- CALEA Standard
1.3.2

(a) Police officers, in carrying out their duty, shall make every effort to apply
alternative measures before resorting to the use of force or firearms;

(b) In those circumstances where the lawful use of force or firearms is


justifiable, police officers shall use such force with restraint and in
proportion to the legitimate objective to be achieved;

(c) Whenever the use of force or firearm is justifiable, police officers shall seek
to minimise injury and respect and preserve human life;

(d) Police officers who must resort to the use of force or firearm shall ensure
that assistance and medical aid are rendered to any injured person at the
earliest possible moment; CALEA Standard 1.3.5

(e) Where injury is caused by the use of force or firearms by police officers,
they shall report the incident immediately to their superiors;

(f) Police officers shall not use firearms against persons except in self-defence
or in the defence of others against the threat of death or serious injury;

(g) Should the need for the use of firearms arise, police officers shall, as far as
circumstances permit, identify themselves as law enforcement officials and
give a warning of their intent to use their firearms, with sufficient time for
the warning to be observed;

(h) Police officers who resort to the use of firearms in the performance of their
duty, shall report the incident immediately to their superiors.

DEFINITION

143. (a) Life Threatening Force /LETHAL FORCE: Any use of force that is
likely to cause death or which threatens serious bodily harm.
CALEA Standard 1.3.2
(b) Non-deadly Force: NON LETHAL FORCE Any use of force other than
life- threatening force.
CALEA Standard 1.3.3

PROCEDURES AND REGULATIONS

Parameters for use of Force Likely to Cause Death:


144. Life threatening force shall not be used except as a last resort in any situation in
which such force is justified as in the following cases:

1. To protect the police officer or others from what is reasonably believed to be


an imminent threat of death or serious bodily harm;
CALEA Standard 1.3.2

2. To prevent the escape of a fleeting felon if all other means of affecting an


arrest have been exhausted and the officer reasonably believes that the escape of the felon will pose
a significant threat to human life should escape occur;
CALEA Standard 1.3.2

3. To destroy an animal that represents a threat to public safety or as a


humanitarian measure where the animal is gravely injured.

Where feasible, before using a firearm police officers shall identify themselves and
state their intent to shoot.

RESTRICTIONS WHEN A POLICE OFFICER'S WEAPON IS EXHIBITED:

145. 1. Life threatening force shall not be used to apprehend a fleeing misdemeanant
or minor offender;

2. Except for maintenance and training, the firearm shall not be drawn or
exhibited unless there is reasonable cause to believe there is a necessity to
use the weapon in conformance with this policy;

3. Weapons shall not be fired from a moving vehicle;

4. Weapons shall not be fired at a moving vehicle unless that vehicle poses an
immediate threat to human life;

5. Firearms shall not be discharged when it appears likely that an innocent


person may be injured.
In both A and B above, warning shots are strictly prohibited.

FIREARMS QUALIFICATIONS

146. (a) Authorized weapons are those with which the police officer has qualified
and received Force training on proper and safe usage;

(b) Every member of the Force shall be scheduled to receive firearm training
and achieve qualification with Force weapons no less than once each year;
CALEA Standard 1.3.11(b)

(c) A Force member shall not be permitted to be issued or carry any weapons
with which he or she has not been able to qualify during the most recent
qualification period;
CALEA Standards 1.2.2, 1.3.10, 1.3.12

(d) While on duty, Force members shall be issued and carry, only weapons and
ammunition authorized by the Force.
CALEA Standards 1.2.2, 1.3.12

USE OF NON-DEADLY FORCE

147. (a) Where life threatening force is not authorized, officers should assess the
situation in order to determine which technique will best de-escalate the
incident and bring it under control in a safe manner;

(b) In effecting a lawful arrest, only that amount of force necessary to ensure
safe custody or overcome resistance to arrest will be justified;

(c) If an incident has or is about to become adversarial, the officer will:

1. Use a calm and controlling demeanor;

2. Ensure that all citizens are made aware of the officer's lawful
authority.

(d) A police officer is not permitted to use a less-than-lethal weapon unless


trained in its use by the Force; CALEA Standard 1.3.4

(e) Batons and flashlights are authorized as less-than-lethal weapons.


CALEA Standards 1.3.4, 1.3.9(a)

(f) Batons and flashlights shall be issued and approved by the Force to each of
its members in accordance with Chapter 20 of the General Standing Orders.
(g) When confronted by an aggressive subject(s) who is actively or violently
resisting arrest, attacking or threatening to attack, members of the Force may
utilize a baton chemical irritant or flashlight to the extent, sufficient to
overcome resistance to a lawful arrest, or to prevent attack or injury.
CALEA Standard 1.3.4

(2).PURSUIT DRIVING chapter 31 from


137-146
137. The high speed vehicular pursuit of offenders is strictly prohibited by the Royal
Barbados Police Force, except in the most exigent of circumstances.

Such pursuits necessitate the use of excessive speeds and although provision has
been made under the Road Traffic Act, Chapter 295 to accommodate these speeds, drivers of police
vehicles are not exempt from their duty to drive with due regard for the safety of others. Police
officers will be criminally liable for any other breaches of the law committed under these
circumstances. In order to avoid high speed vehicular pursuits, police officers should
endeavour to place their vehicles as close as possible to the offender's before an attempt to stop him
is made. In any case, the officer should weigh the gravity of the offence against the potential
dangers of initiating a pursuit.
CALEA Standard 41.2.2(g)

138. The siren and the emergency light must be activated continuously during pursuits.
Police officers must, however, be aware that use of emergency equipment on police vehicles do not
guarantee right of way and they must always drive in a responsible manner.

139. A pursuit should be initiated when:- CALEA Standard 41.2.2(a)

(1) the offender has committed a serious breach of law

(2) to permit the freedom of the offender, it is likely


to lead to serious injury or death of another.

(3) the violator is unknown and has shown an intention to avoid arrest.

140. As a general rule, a pursuit should never be initiated by an unmarked vehicle not
equipped with emergency equipment. However, in the event that a pursuit is initiated by an
unmarked vehicle, the initiating officer should terminate the pursuit as soon as a marked vehicle has
joined the pursuit. CALEA Standard 41.2.2(d)

DUTY OF INITIATING OFFICER

141. When a pursuit is initiated, it shall be the duty of the operator of the vehicle to:-
CALEA Standard 41.2.2(b)

(1) notify the Operations Control Room of his intention to, or his initiating a
pursuit

(2) notify the Operations Control Room of the nature of the violation

(3) notify the Operations Control Room of the direction of travel, description of
vehicle, occupants of vehicle and the licence plate number

(4) constantly evaluate the circumstances of the pursuit, taking into


consideration the safety of the offender, the general public and the (police
officer) himself CALEA Standard 41.2.2(a)

(5) terminate the pursuit when, taking the above (4)into consideration, it is
unsafe to continue the pursuit CALEA Standard 41.2.2(h)
(6) notify the Operations Control Room of the progress of the pursuit

(7) request additional assistance when needed.


CALEA Standard 41.2.2(b)

DUTY OF DISPATCHER/OFFICER I/C OPERATIONS CONTROL ROOM


CALEA Standard 41.2.1

142. At the Control Room the Dispatcher shall notify the most senior person present at
the Control Room of the pursuit who shall assume responsibility for the control of the pursuit, based
on information fed to him. In his absence the dispatcher shall take on this responsibility. He is
responsible for making a channel available to monitor the progress of the pursuit, and for assigning
vehicles to assist and join the pursuit if needed. He shall notify other stations and formations of the
pursuit. CALEA Standards 41.2.1, 41.2.2(i)

143. He shall monitor the progress of the pursuit constantly evaluating the circumstances,
ensuring that there is compliance with Force policy in respect of pursuits.
CALEA Standard 41.2.2(a)

144. He shall terminate the pursuit if he thinks it necessary (based on information fed by the
vehicle/s pursuing the offender) and if the necessity for apprehension is out-weighed by the level of
risk being assumed, or the danger created by continuation.
CALEA Standard 41.2.2(f,h)

145. A secondary unit to the pursuit whose duty it shall be to continue the pursuit in the
event that the primary vehicle is unable to continue the pursuit and taking over all the
responsibilities of the initiating vehicle. CALEA Standard 41.2.2(c)

146. Within the twenty-four (24) hours of the pursuit's termination, the operator of the
police car pursuing the vehicle shall give a detailed report on the pursuit to the S.P.O. in charge of
his station or formation. CALEA Standards 41.2.2(e,j)

USE OF EMERGENCY EQUIPMENT

147. Police patrol vehicles shall be equipped with the following emergency equipment:-

(a) Roof mounted emergency flashing blue light

(b) Siren

(c) Spotlight

(d) Hazard warning lights

(e) Public address system (selected vehicles)


CALEA Standard 41.2.1

148. The drivers of police vehicles must comply with all road signs and signals. In cases
of extreme emergency, drivers who disobey such, do so at their own risk. Officers using police
vehicles are required to use the emergency equipment in a responsible manner and only in situation
which indicate the need for the use of such equipment. The following guidelines should be
observed.

Emergency Light CALEA Standard 41.2.1

149. The emergency light shall be used in circumstances where it is necessary to indicate
to other motorists that they should give right of way to the police patrol vehicle or to signal a driver
to bring his vehicle to a stop. Depending on the particular occasion it is desirable that the siren and
the emergency light be used simultaneously. Such occasions shall include:-

(a) Enroute to an emergency

(b) Pursuit situations

150. Rotating/flashing lights will be used during pursuit or when disregarding provisions
of the Road Traffic Act or Regulations while responding to an emergency.
Siren CALEA Standard 41.2.1

151. Officers must be aware that the use of the siren can have an unsettling effect on
motorists and may result in an erratic driving reaction. The siren must therefore be use responsibly.
In some situations e.g. signalling motorists to stop, it should be used at intervals. However, in
pursuit situations it must be actuated continuously.

152. The volume of traffic, conditions of the road and the urgency of arriving at a
particular location are factors that officers should consider when using the siren. The siren will be
used as needed during pursuit and response to emergency calls to warn drivers and pedestrians of
the vehicle's approach. When a covert approach is necessary, the use of the siren and or flashing
lights may be waived.

Spotlight CALEA Standard (41.2.1)

153. The spotlight should be used to illuminate the interior of a vehicle when officers are
carrying out a search of such vehicle or to provide general lighting particularly in conducting road
block operations where there is an absence of street lighting.

Public Address System CALEA Standard (41.2.1)

154. The Public Address System should be employed to alert motorist of obstructions of the
roadway, hazardous conditions and to ensure the speedy and safe passage of a procession bearing a
V.I.P. Where appropriate, it may be used to stop a motorist who has committed a breach of the
traffic laws or for any other reason desired by the police officer in conformance with his police
duties.

(3).Judges rules/ Directive relative to


suspects in custody.
When a person is brought into Police custody having been arrested the
following should be done,

1. The most senior person/ Station orderly at the station should


record the Suspect name address age and time he arrived.
2. An ARRIVAL should be written by the person who brought the
suspect into custody ( personnel, vehicle reason he was arrested)
3. The most senior person/ station orderly should observed if the
suspects has an injuries (if he has injuries inquired how he came
by them, how long he had them. The PMO should be contacted
and if serious the QEH –also note if the suspect has any allergies,
taking medication.
4. Make a search of the suspect relative to any weapons
5. Make a check of the cells before and after the suspect is place
into them.
6. The Station orderly should make a check / condition on the
suspect every 30 min if practicable
7. Make sure the suspect knows why he is at the station
8. The suspect should be allowed to have 3 bathe a day and 3 a day
refreshments( if the suspect refused both a note should be made
in the daily diary relative to why * also find out what the suspect
does not eat)
9. The Suspect should be allow adequate rest and sleep( Must not
be interviewed late at night exam 10pm)
10. The suspect should be allow to communicate with his
attorney/ Family member
11. The Sergeant ( Shift) should make a check/ condition on the
suspect three hour or less
12. At some stage the Station Sergeant must do a condition of
the suspect at the station
13. No more than 6 hour an inspector ( not involved in the case
should so a condition on the suspect
14. At 12hrs or after the Division Commander/ head should
write a report to the ACP relative to the suspect( me include the
length of time the suspect was in custody)

 From 1-13 should be recorded in the daily diary

Judges Rules
Rule one: A police officer can at any time question anyone who he may
think may have committed a crime or has information relative to a
crime/ if one was committed.

Rule two: if being question suspect or witness at the time and the
officer thinks the person may say something to incriminate himself or
says something that incriminates himself he should be cautioned

Rule 3a: if the accused has been charged he should be caution.

(4).WARRANTS TO SEARCH - PROPERTY


SEIZED chapter 27 Criminal investigation
68. Where information has been received that stolen property may be found at a
particular residence or where circumstances would reasonably lead an investigator to that
conclusion, then immediate consideration must be given to the question of executing a warrant at
the residence in question in the name of the suspect implicated by the information received.

69. It must be remembered that the execution of a search warrant is a serious intrusion
on the rights of an individual, and such a course should only be adopted on the basis of reasonable
grounds.

70. Permission to execute a search warrant must first be obtained from a member of the
Force not below the rank of Inspector.

71. The authority to execute a search warrant must be given by Statute Laws and many
Acts of Parliament provide the Police with such a power but section 70 (1) of the Magistrates'
Jurisdiction and Procedure Act Cap. 116 gives a general power for the execution of search warrants
particularly in respect of stolen property.

72. Section 70 (1) provides that any Magistrate, who is satisfied by proof upon oath that
there is reasonable grounds for believing that there is in any building, ship, boat, vehicle, box,
receptacle or place, anything which there is reasonable grounds for believing will afford evidence as
to the commission of an offence for which the offender may be arrested without warrant, may at any
time issue a warrant under his hand authorising some Police Constable named therein to search such
building etc., for any such thing, and to seize and carry it before the Magistrate issuing the warrant
or some other Magistrate to be by him dealt with according to law. CALEA Standard 74.3.2

73. Such warrants may be executed on Sundays and shall be executed between the hours
of five o'clock in the morning and eight o'clock at night, provided, however, that the Magistrate, in
his discretion, may, by the warrant authorise the Constable to execute it at any hour.

74. When it becomes necessary to execute a search warrant at the home of a suspect
(whether for stolen property or for anything which will afford evidence as to the commission of a
crime) application must be made to a Magistrate on a sworn complaint.

75. In practice, the investigating officer prepares both the written information and the
search warrant. The information is then sworn to before a Magistrate who, on being satisfied that
there are reasonable grounds for the application, will sign the warrant indicating issue of the
warrant. The information should then be lodged with the clerk to the Magistrate issuing the
warrant.

76. Whenever a warrant is being executed, the suspect must be told that those executing
the warrant are members of the Royal Barbados Police Force. The senior policeman present should
then read the warrant aloud to the suspect and remain in charge of the search party throughout the
operation.

77. On the execution of the warrant, the policeman to whom it was addressed, or the
senior policeman in the party involved with the execution of the warrant must endorse the warrant
by writing on the back of the warrant the date and time executed, the rank and service number of all
policemen taking part and details of any property found.

78. Whenever search warrants are executed on premises during the investigations of
crime and articles mentioned in the warrant are found, the police shall seize such property. Quite
often, during the course of an enquiry, an investigating officer discovers property relating to another
investigation, for example, during routine checks on persons suspected of being in possession of
stolen property, or where search warrants are being executed in respect of other matters and the
stolen property is discovered on the premises.

79. (1) Where the police enter a person's house by virtue of a warrant, or arrest a
man lawfully, with or without a warrant it is settled law that the police are entitled to take any goods
which they find in his possession or in his house which they reasonably believe to be material
evidence in relation to the crime for which he is arrested or for which they entered. (See Archbolds
Criminal Pleadings 40th Edition para. 1410 page 919).

(2) If in the course of a search, articles or goods not mentioned in the warrant
are found, discretion must be exercised.

80. Where it is believed, with reasonable cause, that the property is stolen or unlawfully
obtained or is required for evidence should the property be taken into possession, such property
should be detained no longer than is necessary. Indeed, as soon as it is discovered that the property
is not required as material evidence, it shall be returned promptly to the owner or his agent under
signature of receipt. There should be no undue delay in deciding whether the property is of material
evidence.

81. Where the police seize property in consequence of a search, a receipt or an inventory
listing all of the property seized must be prepared in duplicate. The original will be supplied to the
occupant of the premises or person in whose possession the property was found, the duplicate copy
shall be retained in safe police custody and a photocopy placed in the relevant case file. When the
property seized is cash (money) it must be counted in the presence of the owner or occupier and a
receipt for the sum given to the owner or occupier. When the property is jewellery, an inventory
shall be made of it and countersigned by the owner or occupier.

82. The receipt or inventory shall be supplied at the scene as far as practicable or
immediately on arrival at the police station. This procedure will ensure that the quantity of
property, articles, monies or jewellery received by the police would be the same amount accounted
for when the matter of disposal arises.

83. On return of the Police to the Station after a warrant to search has been executed, the
policeman responsible for the execution of the warrant shall endorse it at the back by writing the
particulars of:-

(a) the date and time executed;

(b) the ranks, numbers and names of the search party;

(c) a record of all the property seized showing cash money, jewellery and other
articles (where applicable);

(d) the signature of the policeman endorsing the warrant.


84. All property seized shall be entered in the appropriate registers as soon as it is
brought to the Police Station. These include the Warrant Register, Exhibit Register and the Lost-
Stolen-Recovered Property Register. Property shall be properly labelled for its care and safe
keeping at the Station or Department. Where cases have been registered as a result of property
seized the appropriate register shall show the relevant reference numbers.

85. Inspectors and S.P.Os in charge of Stations shall ensure that personnel under their
command are acquainted with the Instructions and Orders on property coming into the possession of
the police and that the procedures laid down are strictly adhered to.

86. On no account shall personnel keep property contrary to the Instructions and Orders
of the Force.

87. Success in the recovery of stolen property often depends upon the efficient and
proper circulation of descriptions of property. Descriptions must be full and accurate and as
complete as is practicable (See instructions in Chapter 34).

Prisoner – Care and Custody


General Stating Order G.S.O Chapter 29

My aim today is to inform and also remind persons of the Procedure to be taken when a prisoner

comes into Police Custody,.

As a Police officer it is part of our duty at some point of time to arrest someone who has

committed an arrestable offence- or you have reason ground to believe the persons is about to

commit and arrestable offence.

Or these persons may breach some form of Legislation that may cause a person to liable for

arrests for example under Domestic Violent Act.

These persons can be male, female or juveniles

WHAT SHOULD BE DONE WHEN PERSONS COME INTO CUSTODY


When a person is detained or arrested either when the Police Officer is on duty foot patrol,

mobile patrol as a result of a search warrant he/ she should be informed of the reason for their

arrest.

They should also be informed of the station they will be going to and if possible, take this person

to the nearest police station.

Before being transported in a police vehicle, the prisoner should be searched (Frisk search) for

weapons that may be on his/her person or anything of evidence. This is to ensure the safety of the

prisoner and Police Officer.

Females search females.

Before and after the prisoner enters the vehicle, a search should be conducted to ensure that

nothing is in the vehicle that could injure anyone or leave any evidence.

If no female is present, especially when transporting females, operation control should be

notified.

*In these time it is important to insure that you have in your possession extra mask so you

would be able to give the prisoner one see if they have covid.

ON ARRIVAL AT THE STATION

On arrival at the station the senior officer who arrived with the prisoner should inform the most

senior person at the Police station – Station orderly, Sergeant , Station Sergeant of the reason the

persons was arrested.


The accused should be interviewed relative to his health and physical condition or any illness he

may have. (In this present pandemic it’s important to interview persons relative to the contraction

of Covid-19 or close family members)

Important: Entries must be made relative to the health and physical condition of the Prisoner.

WHAT PROCEDURES SHOULD BE TAKEN WHEN A PERSON IS INJURED

According to the GSO Chapter 29 in relation to the Prisoners Health

section 44 states:

‘’When persons charged with an offence are brought to a station suffering from injuries, or

persons in custody are injured or have taken ill, the Police will take immediate action to obtain

the services of a doctor. This should normally be the Police Medical Officer, but in urgent cases,

if he cannot be contacted, the services of the nearest doctor may be obtained, or the prisoner

taken to a hospital. ‘’

Section 45:

‘’When persons come into the hands of the Police, whether as prisoners or otherwise, and there is

the slightest suspicion of their being ill or injured, the services of the Police Medical Officer or

other doctor must be obtained, although they make no complaint. There must be no neglect in

carrying out this order, and liberal interpretation should be placed on all orders and regulations

with respect to the attendance of Police Medical Officers in cases of illness, accident, injury or

even of suspected injury or drunkenness.’’

PRISONERS PROPERTY
When a Prisoner comes into Police custody his property should be logged into the prisoner

property register. Is this correct?

Section 54 states

When a prisoner is bailed at a Police Station, money and other property which has no bearing on

the charge or other crime or suspected crime, and in respect of which there is no doubt or dispute

as to ownership, should be returned to the prisoner as soon as practicable and his signature

obtained in the Prisoners' Property Register.

Section 56

Whenever property is taken into possession by the Police, whether as an exhibit, as prisoner's

property or for any other reason, if the person from whom it is taken requests that he be given a

receipt for the property, the member of the Force who takes it shall comply with the request.

Important to note:

What some persons may not consider property or may just ignore is persons clothing.

WELL-BEING WHILST AT THE STATION

Section 104

At the beginning of every shift before handing over and taking over both stations orderly should

inspect the cell and make a check on the prisoner he is handing and taking over. The Sergeant

taking over and handing over should also do the same.

1. Check should be made by the station order every 30min (sec 104)
2. Station Sergeant should make a check every (3)three hours. (sec104)

3. Inspector should make a check every (12) twelve hours.

4. Report should be made to the officer in charge of the division after 24hour report should in

written to him relative to the condition of the prisoner.

5. These interviews relative to the condition of the prisoner should be document dairy (write

exactly what the persons say – refusal).

6. Whilst in custody Females and male should be separated (females Police Officer would make

condition checks on female prisoner)

7. The accused should be allowed to have a bath. (At least three times if possible) if he refuse

write exactly what he says and the reason why he refused.

8. Three meals a day. (Pay close attention to Murder accused)

9. Should be allowed to communicate with an attorney or family member.

10. Throughout each station there are documents placed on the walls which informed prisoners

about their rights in Police custody.

11. Rest. (Should not interview persons last at night example 2am) .

IN SUMMARY

Important to note:

When a person is arrested he should know the reason why and which station he is going to.

He should be able to communicate with an attorney at law


Special attention must be made to the Property which he came into custody with.

Also his right to medical attention, food, bath and Rest.

COMPLAINTS MADE VERBALLY AT STATIONS

16. Where a complaint against a member of the Force is made verbally at a Station to a
policeman other than the Inspector or S.P.O in charge of the station, the policeman approached shall
forthwith report the matter to the Inspector or S.P.O in charge of the station and in his absence to the
most senior policeman present for the information of the Divisional Officer.

COMPLAINTS MADE IN THE STREET

CALEA Standard 52.1.12

17. Where a member of the public makes a complaint against a policeman to another
policeman on the street, the policeman approached shall record the complaint and the reasons
thereof in his notebook and:-

(a) If the case is one which requires urgent attention, he shall report the matter to
the S.P.O in charge of his station by telephone for the information of the
appropriate Divisional Officer to whom it should be reported.

(b) If the matter does not warrant immediate attention, he should advise the
person to go to the nearest police station providing the station is not very far
away. In cases where a police station is not near by, he shall tell the
complainant that the matter will be reported to the appropriate Divisional
Officer, naming the Officer, if he knows the one who will most likely deal
with the matter. Then at the earliest possible opportunity, he shall report the
matter to the Inspector or S.P.O in charge of his Station or Formation for the
information of the Divisional Officer concerned.

18. A person making a complaint against a member of the Force should be invited to
write out his complaint on paper. However where such a person is unwilling to write his complaint
himself, or is unable to do so, or because of the nature of the complaint it is felt that he would be
unable to write out the details fully without interrogation, the policeman conducting the enquiries
will interview him and record his complaint in writing. CALEA Standard 52.1.12

19. Where a complainant declines, or is unable to put his statement in writing, the
policeman dealing with the matter should record the reason why the complainant did not himself
write it.
DISCIPLINE CODE CALEA Standard 26.1.1

28. The Commissioner of Police, in exercise of the powers conferred on him by section
33 of the Police Act Cap. 167 has with the approval of the Governor General made regulations for
the discipline of Inspectors, Subordinate Police Officers and Constables. These regulations are
known as the Police (Discipline) Regulations 1998. Part V of the Police Act also makes provisions
with respect to discipline. CALEA Standards 26.1.1, 52.1.8

29. A member of the Force commits an offence against discipline if he commits any of
the following offences:-
Offences (D-I-D-N-F-B-C
(1) Discreditable conduct, that is to say, if a member of the Force acts in a
disorderly manner or in any manner prejudicial to discipline or reasonably
likely to bring discredit on the reputation of the Force.

(2) Insubordinate or oppressive conduct, that is to say, if a member of the


Force-

(a) is insubordinate by word, act, or demeanour, or

(b) is guilty of oppressive or tyrannical conduct towards an inferior in


rank, or

(c) uses obscene, abusive, or insulting language to any member of the


Force, or

(d) wilfully or negligently makes any false complaint or statement


against any member of the Force, or

(e) assaults any other member of the Force, or

(f) improperly withholds any report or allegation against any member of


the Force.

(3) Disobedience to orders, that is to say, if a member of the Force disobeys or


without good and sufficient cause omits or neglects to carry out any lawful
order, written or otherwise. CALEA Standard 12.1.3

(4) Neglect of duty, that is to say, if a member of the Force -


(a) neglects to exercise due care and attention in carrying out any duty
to which he is assigned or without good and sufficient cause omits,
promptly and diligently to attend to or carry out anything which is
his duty as a member of the Force; or

(b) idles or gossips while on duty; or

(c) fails to work his beat in accordance with orders, or leaves his beat,
point, or other place of duty to which he has been ordered, without
due permission or sufficient cause; or

(d) by carelessness or neglect permits a prisoner to escape or

(e) fails, when knowing where any offender is to be found, to report the
same, or to make due exertions for making him amenable to justice;
or

(f) fails to report any matter which it is his duty to report, or

(g) fails to report anything which he knows concerning a criminal


charge, or fails to disclose any evidence which he or any person
within his knowledge, can give for or against any prisoner or
defendant to a criminal charge; or

(h) omits to make any necessary entry in any official document or book;
or

(i) neglects, or without good and sufficient cause, omits, to carry out
any instructions of a medical officer appointed under the Civil
Establishment (Part Time Officer) Order, or any Order amending or
replacing that Order or while absent from duty on account of
sickness, is guilty of any act or conduct calculated to retard his return
to duty. CALEA Standard 52.1.7(a)

(5) Falsehood or prevarication, that is to say, if a member of the Force -

(a) knowingly makes or signs any false statement in any official


document or book; or

(b) wilfully or negligently makes any false, misleading or inaccurate


statement; or

(c) without good and sufficient cause destroys or mutilates any official
document or record, or alters or erases any entry therein.

(6) Breach of confidence, that is to say, if a member of the Force -


(a) divulges any matter which it is his duty to keep secret; or

(b) gives notice, directly or indirectly, to any person against whom any
warrant or summons has been or is about to be issued, except in the
lawful execution of such warrant or service of such summons; or

(c) without proper authority communicates to the public press, or


to any unauthorised person, any matter connected with the Force; or

(d) without proper authority shows any person outside the Force any
book or written or printed document the property of the Executive
Committee; or

(e) makes any anonymous communication to the Cabinet; or any


member thereof, or to the Police Service Commission or any member
hereof, or to the Commissioner or to any superior officer; or

(f) canvasses any member of the Cabinet with regard to any matter
concerning the Force; or

(g) signs or circulates any petition or statement addressed to any person


or authority with regard to any matter concerning the Force except
through the proper channel of correspondence or in accordance with
the Rules of the Police Association; or

(h) calls or attends any unauthorised meetings to discuss any matter


concerning the Force.

(7) Corrupt practice, that is to say, if a member of the Force -

(a) receives any bribe; or CALEA Standard 52.1.7(d,e)

(b) fails to account for or to make a prompt and true return of any money
or property received by him in his official capacity; or
CALEA Standard 52.1.7(d,e)

(c) directly or indirectly solicits or receives any gratuity, present,


subscription, or testimonial, without the consent of the
Commissioner; or CALEA Standard 52.1.7(d,e)
(d) places himself under pecuniary obligation to any person who holds a
licence under the Liquor Licences Act, Cap. 182 concerning the
granting or renewal of which the police may have to report or give
evidence; or

(e) improperly uses his character and position as a member of the Force
for his private advantage; or

(f) in his capacity as a member of the Force, writes, signs, or gives,


without the sanction of the Commissioner any testimonial of
character or other recommendation with the object of obtaining
employment for any person or of supporting an application for the
grant of a licence of any kind; or

(g) without the sanction of the Commissioner supports an application for


the grant of a licence of any kind.

(8) Unlawful or unnecessary exercise of authority, that is to say, if a member of


the Force -

(a) without good and sufficient cause makes any unlawful or


unnecessary arrest; or

(b) uses any unnecessary violence to any prisoner, or other person with
whom he may be brought into contact in the execution of his duty; or

(c) is uncivil to any member of the public.

(9) Malingering, that is to say, if a member of the Force feigns or exaggerates


any sickness or injury with a view to evading duty.

(10) Absence without leave or being late for duty, that is to say, if a member of
the Force without reasonable excuse is absent without leave from, or is late
for, parade, court, or any other duty.

(11) Uncleanliness, that is to say, if a member of the Force while off duty in
uniform in a public place is improperly dressed or is dirty or untidy in his
person, clothing or accoutrements.

(12) Damage to clothing or other articles supplied, that is to say, if a member of


the Force -

(a) wilfully or by carelessness causes any waste, loss, or damage to any


article of clothing or accoutrement, or to any book, document, or
other property supplied by the Government, to his care; or
(b) fails to report any loss or damage as above, however caused.

(13) Drunkenness, that is to say, if a member of the Force while on or off duty, is
under the influence of drink to such an extent as to be unfit for duty.
CALEA Standard 52.1.7(a)

(14) Drinking on duty or soliciting drink, that is to say if a member of the Force -

(a) without the consent of his superior officer, drinks or receives from
any other person, any intoxicating liquor while he is on duty; or

(b) demands, or endeavours to persuade any other person to give him, or


to purchase or obtain for him, any intoxicating liquor while he is on
duty.
CALEA Standard 52.1.7(a)

(15) Entering licensed premises, that is to say, if without permission from a


superior officer a member of the Force enters -

(a) while on duty any premises licensed under the Liquor Licences Act,
Cap. 182 or any other premises where liquors are stored or
distributed when his presence there is not required in the execution of
his duty; or

(b) any such premises in uniform while off duty

(16) Lending, borrowing, or accepting presents, that is to say, if a member of the


Force lends money to any superior in rank or borrows money or accepts any
present from any inferior in rank.

(17) Conviction for a criminal offence, that is to say, if a member of the Force has
been found guilty by a court of law of a criminal offence.

(18) Being an accessory to a disciplinary offence, that is to say, if a member of


the Force connives at or is knowingly an accessory to any offence against
discipline.

(19) Any member of the Force convicted of an offence against discipline shall be
subject to the imposition of any penalty in sections 59-63.
20. Whenever a report alleging misconduct is made in respect of a member of the Force,
the complainant, shall be informed in writing of receipt of the report. As the investigation proceeds,
the complainant shall be informed periodically of the status of the investigation.
CALEA Standard 52.1.5(a,b)

You might also like