Police Act


Published: 1952

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Police (CAP. 330 1

CHAPTER 330

THE POLICE ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

PART I

CONSTITUTION, APPOINTMENTS
AND ENLISTMENTS

3. Establishment and objects of Force.
4. Employment of Force to repel external aggression and

liability to service.
5. Accoutrements and uniform of the Force.
6. Composition of Force.
7. Antigua, Montserrat and Virgin Islands Police Force

personnel.
8. Transfers to Montserrat and Virgin Islands Police Force.
9. Continuity of service.

10. Guarantee of rank, pay and conditions of service.
11. No right of retirement.
12. Period of probation on appointment of police officer

above the rank of subordinate police officer.
13. Qualifications for appointment to Force.
14. Terms of appointment.
15. Dismissal during probation.
16. Withdrawal from the Force.
17. Oath.
18. Status of member of the Force.
19. Every police officer to be a constable.
20. General power of police officers.
2;. Gazetted Police Officer and Inspector to be Justice of

the Peace.

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CAP. 330) Police

PART I1

POWERS AND DUTIES

22. Power to arrest without a warrant.
23. General duties of the Force.
24. Barriers.
25. Police station to be lock-up.
26. Persons in custody without warrant.
27. Persons apprehended after eight in the evening.
28. No bail to be granted in cases of capital felony.
29. When bail refused.
30. Power to take measurements, photographs, fingerprints

palm and foot impressions.
31. Right of police officer to prosecute.

PART 111

OFFENCES AND DISCIPLINE

32. Mutinous or seditious conduct.
33. Penalty for causing disaffection, etc.
34. Dismissal and reduction.
35. Discipline Regulations.
36. Arrest of offending member of Force.
37. Payment during suspension, etc.

PART IV

PAY, ALLOWANCES AND OTHER
FINANCIAL PROVISIONS

38. Pay and allowances.
39. Payment of extra expenses.
40. Reward fund.
41. Investment of reward fund.

PART V

PENSIONS AND GRATUITIES

42. Definition of pay.
43. Pensions to be charged on revenues of Antigua and

Barbuda.
44. Grant of pensions.
45. Pay to be taken for computation of pensions, etc.

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Police (CAP. 330 3

46. Increase in pension in cases of retirement on findings
of a Medical Board after more than ten but less
than twenty years' service.

47. Circumstances in which pension may be granted.
48. Gratuity where length of service does not qualify for

ens ion.
49. Retirement on account of injuries or disease contracted

in discharge of duty.
50. Right to take reduced pension and gratuity.
51. Definition of reduced pension and gratuity.
52. Gratuity where Inspector, subordinate police officer or

constable dies in the service of the Force or after
retirement.

Gratuity where death due to injuries received d i s e a s e
contracted in the discharge of duty.

Pension to dependants where Inspector, subordinate
police officer or constable dies as a result of injuries
received or disease contracted in the discharge of
his duties.

Pension not of right.
Pension not to be assignable.
Pension to cease on conviction.
Pension to cease on bankruptcy.
Suspension of pension on re-employment.
Application to members of the Force.
Pensions to be granted to Gazetted Police Officers.

PART VI

POLICE WELFARE ASSOCIATION

62. Constitution of Police Welfare Association.
63. Police Association Rules.

PART VII

PROHIBITED ASSOCIATIONS

64. Police officers not to join prohibited associations.

PART VIII

GENERAL ADMINISTRATION
65. Canteens.
66. Hospital treatment and medical attention at Government

expense.

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4 CAP. 330) Police

67. Reduction for inefficiency.
68. Retirement from the Force.
69. Examination by Medical Board.
70. Discharge on medical grounds.
71. Power to make regulations.

PART IX

SPECIAL CONSTABLES

Appointment of special constables.
Officers and members of Fire Brigades and prison

officers to be special constables.
General powers, etc., of special constables.
Arms of special constables.
Direction of special constables.
Offences by special constables.
Remuneration of special constables.
Pensions and gratuities to special constables.
Employment of police officers on special duty at expense

of private persons.

PART X

MISCELLANEOUS

81. Members of Force not liable for irregularity of warrant.
82. Satisfaction of civil judgment.
83. Harbouring, inducing, etc.
84. Persons dismissed from the Force to deliver up articles.
85. Improper possession of articles supplied to Forces.
86. Personation of police officer.
87. Delivery up of articles supplied to deceased police

officers.
88. Unclaimed articles.
89. Recovery of penalties.
90. Change of nomenclature.

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Police (CAP. 330 5

POLICE

1311955.
S.R.O. 2211956.

(1st January, 1952 .) 911957.
311959.

2611959.
611966.
511967.

2711967.
1711969.
1011971.
2311973.

S.R.O. 4611981.
611988.

1. This Act may be cited as the Police Act. short title.
-.

2. (1) In this Act- Interpretation.

"Antigua" , for the purposes of sections 7 , 8, 9, 10
and 11 (except where it forms part of the name
Antigua and Barbuda) comprises all the areas
policed on the 26th day of February, 1967, by the
"A" Division of the Antigua, Montserrat and
Virgin Islands Police Force;

"the Commission" means the Police Service
Commission established by the Constitution;

"constable" means a police office below the rank of
corporal;

"the Constitution" means the Constitution of Antigua
and Barbuda set out in Schedule 1 to the Antigua Cap. 23.
and Barbuda Constitution Order, 1981;

"Force" means the Royal Police Force of Antigua and
Barbuda;

"Gazetted Police Officer" means the Commissioner of
Police as well as any Assistant Commissioner of
Police, Deputy Commissioner of Police,
Superintendent or Assistant Superintendent;

"Medical Board" means a board of medical ' practitioners appointed by the Chief Medical Officer
whenever necessary for the purposes of this Act;

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6 CAP. 330) Police

"Minister" means the Minister to whom responsibility
for Police is assigned;

"subordinate police officer" means any senior sergeant,
sergeant or corporal;

"the revised terms of service" means the new terms
of service which have become necessary in
consequence of the partition of the Antigua,
Montserrat and Virgin Islands Police Force.

(2) Unless the context otherwise requires, references in
this Act to the Commission in regard to powers of
appointment or dismissal and to exercise of disciplinary
control over police officers include a reference to a person
to whom such powers have been duly delegated under the
Constitution.

PART I

CONSTITUTION, APPOINTMENTS
AND ENLISTMENTS

Establishment
and objects of

3. (1) The Force shall be maintained under the
Force. provisions of this Act with headquarters in Antigua and

Barbuda.

(2) The Force shall be primarily employed for the
provision and detection of crime and the repression of internal
disturbance; and it shall be lawful for the Minister to issue
arms and ammunition to the Force, and for any member
thereof to carry and use the same for lawful purposes.

Employment of
Force to repel

4. (1) The Force shall also be employed for the
external defence of Antigua and Barbuda against external aggression.
aggression and
liability to
service.

Cap. 132. (2) Whenever pursuant to the Defence Act, or any
subsequent enactment-

(a) any unit of the Antigua and Barbuda Defence
Force is on active service; or

( b ) the volunteer element of the Antigua and
Barbuda Defence Force or any member thereof, or the

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 7

reserve or any part thereof, is called out on permanent
service,

the Force shall be held to be similarly called out on active
or, as the case may be, permanent service as above in this
subsection.

(3) Whenever the Force shall be called out for service
pursuant to subsection (Z), the provisions of this Act deal-
ing with withdrawal from the Force shall ipso facto be suspend-
ed during the continuance of such service.

(4) The period of such service shall terminate in like
manner as the period of active or, as the case may be per-
manent service of such Defence Force. --

(5) The Cabinet may, during the continuance of such
service conditions, make any regulations in that behalf, or
may suspend for the like period the provisions of any section
of this Act.

5 . The members of the Force shall wear such uniform Accoutrements
and uniform of as the Minister directs and such uniform together with arms ,he porce.

and accoutrements shall be supplied to each member of the
Force at the public expense.

6. (1) Subject to the provisions of subsection (2) the g:zrsition of
Force shall consist of-

(a) a Commissioner of Police who, subject to the
provisions of this Act and the general directions of the
Minister, shall have the command and be responsible
for the superintendence of the Force;

( b ) one or more Deputy Commissioners of Police
who shall act as principal assistants to the Commissioner
of Police in the performance of his duties in respect of
the Force. Any act or thing which may be done, ordered
or performed by the Commissioner of Police may,
during the absence or incapacity of the Commissioner
of Police or to the extent to which he is authorised by
the Commissioner of Police be done, ordered or
performed by a Deputy Commissioner of Police.

t (c) such number of Superintendents, Assistant
Superintendents, Inspectors, subordinate police officers

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8 CAP. 330) Police

and 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.

(2) The Minister may by order from time to time
establish ranks other than those specified in subsection (1)
and below that of Deputy Commissioner and the
Commissioner of Police shall determine the command and
duties of the Force in the ranks as established.

Antigua,
Montserrat and

7 . (1) Every person who on the 26th day of
Virgin Islands February 1967, is a member of the "A" Division of the

Force Antigua, Montserrat and Virgin Islands Police Force shall
personnel.

be deemed to have been duly appointed as a member of the
Force and to have been duly sworn as such.

(2) Without prejudice to the operation of subsection (1)
and subject to the provisions of subsection (3) the following
provisions shall have effect-

(a) any person who having been born in Antigua
and Barbuda is immediately before the 26th day of
February, 1967, a member of the Antigua, Montserrat
and Virgin Islands Police Force serving in either
Montserrat or in the British Virgin Islands may at his
option be transferred to the Force;

( b ) any person who not having been born in any
of the areas or divisions policed by the Antigua,
Montserrat and Virgin Islands Police Force was
immediately before the 26th day of February, 1967, a
member of the Antigua, Montserrat and Virgin Islands
Police Force serving in either Montserrat or in the British
Virgin Islands may at his option be transferred to the
Force.

(3) The options referred to in subsection (2) shall be
exercisable not later than the day immediately preceding the
expiration of three months after the 26th day of February,
1967, or if the revised terms of service for the Force or the
Royal Montserrat Police Force or the Royal Virgin Islands
Police Force have not been announced within that time then

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Police (CAP. 330 9

within one month after the date on which the last
announcement of such terms of service is made.

(4) The date of the exercise of the options referred to
in subsection (2) shall be deemed to be the date of the receipt
of a police officer's written notification addressed to the
Commissioner of Police.

8. (1) Without prejudice to the operation of section 7 Transfers to
Montserrat and and subject to the provisions of subsection (2) of this section virgin ~ ~ l ~ ~ d ~

the following provisions shall have effect- Police Force.

(a) any member of the Force who havin&en born
in Montserrat was immediately before the 26th day of
February, 1967, a member of the Antigua, Montserrat
and virgin Islands Police Force servingin Antigua may
if it is so provided in any law in force in Montserrat
at his option be transferred to the Montserrat Police
Force;

(b ) any member of the Force who having been born
in the British Virgin Islands was immediately before
the 26th day of February, 1967, a member of the
Antigua, Montserrat and Virgin Islands Police Force
serving in Antigua may if it is so provided in any law
in force in the Virgin Islands at his option be transferred
to the Virgin Islands Police Force;

(c) any member of the Force who not having been
born in any of the areas or divisions policed by the
Antigua, Montserrat and Virgin Islands Police Force
was immediately before the 26th day of February, 1967,
a member of the Antigua, Montserrat and Virgin Islands
Police Force may if it is so provided in any law in force
in Montserrat or the Virgin Islands as the case may
be at his option be transferred to either the Montserrat
Police Force or to the Virgin Islands Police Force.

(2) The options referred to in subsection (1) shall be
exercisable not later than the day immediately preceding the
expiration of three months after the 26th day of February,
1967, or if the revised terms of service for the Force or the

.Royal Montserrat Police Force or the Royal Virgin Islands
Police Force have not been announced within that time then

LAWS OF ANTIGUA AND BARBUDA

CAP. 330) Police

Continuity of
service.

Guarantee of
rank! pay and
conditions of
service.

No right of
retirement.

within one month after the date on which the last
announcement of such terms of service is made.

(3) The date of the exercise of the options referred to
in subsection (1) shall be deemed to be the date of the receipt
of a police officer's written notification addressed to the Com-
missioner of Police.

9. Any person who-
(a) is a member of the Force by virtue of

subsection (1) of section 7 ;

(b) has been transferred to the Force under
subsection (2) of section 7 ;

(6 ) not being a person to whom subsection (1) or
subsection (2) of section 7 is applicable has been
transferred to the Force from the Montserrat Police
Force or from the Virgin Islands Police Force,

shall be deemed to be employed under the provisions of this
Act without any break in his service as a police officer for
the residue of what would have been his term of appoint-
ment in the Antigua, Montserrat and Virgin Islands Police
Force, or, as the case may be, what was his term of
appointment in the Montserrat Police Force or in the Virgin
Islands Police Force, unless before the expiration of the said
term such employment shall be lawfully terminated; and,
for the avoidance of doubt, it is declared that continuity of
service as above in this section and in sections 7 and 8 shall
be regarded as a right.

10. All members of the Antigua, Montserrat and
Virgin Islands Police Force who are transferred to the Force
under subsection (2) of section 7 shall hold in the Force the
same ranks respectively as they held immediately before the
date of transfer in the Force from which they are transferred
and shall enjoy pay and conditions of service not less
favourable than those enjoyed by them as members of the
Antigua, Montserrat and Virgin Islands Police Force.

1 . No member of the Antigua, Montserrat and
Virgin Islands Police Force shall have the right to retire on
the ground that the said Force will be or has been dissolved.

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Police (CAP. 330 11

12. (1) Every police officer above the rank of a Period of
probation on subordinate police officer shall be on probation during the appointment of

first two years after his appointment or for such longer period, police officer
above the rank

not exceeding six months, as the Commission may approve, subordinate
and if during such period or any extension thereof, he is police officer.
found not to be fitted physically or mentally to perform the . -
duties of his office or to be not.likelv to become an efficient
or well conducted police officer his services may be dispensed
with by the Commission. At the end of the period of
roba at ion, or anv extension thereof. if the services of such
bolice officer habe not been dispensed with he shall be
confirmed in his appointment.

(2) The provisions of subsection (1) shall &-apply in
the case of an appointment by way of promotion or transfer
from another police force.

13. No person shall be appointed to the Force as a $ ; ~ ~ ~ ; ~ ~ ; : : ~ r
subordinate police officer or constable, unless- Force.

(a) he has attained the age of eighteen years but
has not reached the age of thirty-five years:

Provided that in any special case the Commission
may appoint a person who has already attained the age
of thirty-five years;

( 6 ) he is of the required height and chest
measurement according to the standard from time to
time fixed by the Commission;

(c) he passes a medical examination as to his bodily
fitness, to be held by such medical officer as may be
appointed for the purpose by the Commission;

(d) he produces satisfactory proof of good character;

( e ) he satisfies the Commission that he has attained
a reasonable standard of education.

14. Every subordinate police officer and constable Terms of
appointment.

shall be on probation during the first two years of his service
in the Force:

Provided that the Commission may in its discretion-

(a) reduce the period of probation to a period of
not less than one year if such police officer has served

LAWS OF ANTIGUA AND BARBUDA

12 CAP. 330) Police

for a period of not less than two years in the Force on
a previous occasion; or

(6) dispense with the period of probation if, with
the written consent of the Chief Officer of Police of
another police force in the Commonwealth Caribbean
or in any Colony in the Caribbean, such person has
been transferred from that police force after having
completed the required period of probation in such police
force; or

( c ) extend the period of probation for a further
period not exceeding six months.

Dismissal during
probation.

15. During the period of probation or any extension
thereof the services of any subordinate police officer or
constable may be dispensed with at any time if the
Commission considers that he is not fitted, physically or
mentally, to perform the duties of his office or that he is
not likely to become an efficient and well-conducted police
officer; at the end of the period of probation or any extension
thereof if his services have not been disposed with he shall
be confirmed in his appointment.

Withdrawal from 1 (1) NO subordinate police officer or constable shall
the Force.

during the period of his probation or any extension thereof
be at liberty to withdraw himself from the Force unless he
obtains the permission of the Commission to do so.

(2) No police officer whose appointment to the Force
has been confirmed, shall be at liberty to withdraw himself
from the Force until the expiration of at least one calendar
month from the time when he gives notice in writing of his
intention to do so to the Commission.

(3) Subject to the foregoing provisions of this section
the modes by which a police officer may leave the Force are
as follows-

(a ) on dismissal or removal in consequence of
disciplinary proceedings;

( b ) on compulsory retirement;

( c ) on voluntary retirement;

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Police (CAP. 330 13

(6) on retirement on account of injuries received
or diseases contracted in discharge of duty;

( e ) on retirement following upon the findings of a
Medical Board;

u> on resignation;
(g) on the expiry or other termination of an

appointment for a specified period;

(h) on the abolition of office;

( i ) on attaining the prescribed age of retirement.

17. (1) Every person, on first appointmea.to the Oath.
Force, shall take the following oath before entering on his
duties-

"I, A.B., do swear that I will well and truly serve
Our Sovereign Lady the Queen as a member of the
Police Force in Antigua and Barbuda without favour
or affection, malice or ill-will; and that I will cause Her
Majesty's peace to be preserved, and will prevent to
the utmost of my power, offences against the same; and
that, during any time that I do or may hereafter hold
any appointment in the Police Force I will to the best
of my knowledge and skill discharge all the duties thereof
faithfully according to law. So help me God!".

(2) Such oath shall be administered by a Justice of the
Peace or by a Magistrate.

18. Every person for the time being serving in the status of member
of the Force. Force shall be deemed a member of the Force, and shall have

and enjoy all the rights, powers, authorities, privileges, and
immunities conferred on a member of the Force by any law
which is now in force or may hereafter be passed.

19. Every police officer shall have all such rights, Every police
officer to be a powers, authorities, privileges, and immunities and be liable constable.

to all such duties and responsibilities, as any constable duly
appointed now has or is subject or liable to, or may hereafter
have or be subject or liable to, either at Common Law or
by virtue of any law which now is or may hereafter be in
force in Antigua and Barbuda.

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14 CAP. 330) Police

General power of
police officers.

20. Where, in any law, powers are conferred upon
police officers of a certain rank, such powers may lawfully
be exercised by police officers of any higher rank.

Gazetted Police
Officer and

21. Every Gazetted Police Officer and Inspector
~ ~ ~ ~ ~ ~ t ~ r to be stationed in Antigua and Barbuda shall be ex o f f i o a Justice
Justice of the of the Peace for Antigua and Barbuda and as such shall at
Peace.

all times act ministerially for the purposes of the preserva-
tion of the peace, the prevention of crime, and the detection
and committal of offenders, but he shall not in any way act
judicially except as expressly provided by this Act.

PART I1

Power to arrest
without a
warrant.

POWERS AND DUTIES

22. (1) It shall be lawful for any police officer to arrest
without a warrant-

(a) any person whom he suspects upon reasonable
ground of having committed a felony;

(6) any person who is charged by any other person
with committing an aggravated assault in any case in
which such police officer has good reason to believe that
such assault has been committed although not within
his view, and that by reason of the recent commission
of the offence a warrant could not have been obtained
for the apprehension of the offender;

( c ) any person who commits a breach of the peace
in his presence;

(d) any person who obstructs a police officer while
in the execution of his duty, or who has escaped or
attempts to escape from lawful custody;

( e ) any person in whose possession anything that
may reasonably be suspected to be stolen property is
found or who may reasonably be suspected of having
committed an offence with reference to such thing;

Cf) any person whom he finds lying or loitering in
any highway, yard or other place between the hours
of eight o'clock in the evening and five o'clock in the
morning and not giving a satisfactory account of himself;

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Police (CAP. 330 15

(g) any person whom he finds in any highway, yard
or other place between the hours of eight o'clock in the
evening and five o'clock in the morning and whom he
suspects upon reasonable grounds of having committed
or being about to commit a felony;

(h ) any person found between the hours of eight
o'clock in the evening and five o'clock in the morning
having in his possession without lawful excuse any
implement of housebreaking;

(9 any person for whom he has reasonable cause
to believe a warrant of arrest has been issued.

(2) Without prejudice to the generality of t k p o w e r s
conferred upon a police officer by subsection ( I ) , it shall be
lawful for any police officer, and for all persons whom he
shall call to his assistance, to arrest without warrant any
person who within view of such police officer offends in any
manner against any law and whose name and residence are
unknown to such police officer and cannot be ascertained
by him.

(3) Any warrant lawfully issued by a Magistrate for
apprehending any person charged with any offence may be
executed by any police officer at any time notwithstanding
that the warrant is not in his possession at that time, but
the warrant shall, on the demand of the person apprehended,
be shown to him as soon as practicable after his arrest.

23. (1) It shall be the duty of all police officers- General duties of
the Force.

(a) to preserve the peace and prevent and detect
crimes and other infractions of the law;

( 6 ) to apprehend and bring before a Magistrate
persons found committing any offence rendering them
liable to arrest without warrant, or whom they may
reasonably suspect of having committed any such
offence, or who may be charged with having committed
any such offence;

(6) to apprehend smugglers or others found in the
commission of offences against the revenue laws, and ' to seize all goods liable to seizure for any breach of the
revenue laws, and otherwise to aid in the detection of

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16 CAP. 330) Police

such offences and to give such assistance as may be
necessary to the officers of the revenue in all
departments;

(d) to stop, search, and detain any vessel, boat,
motor vehicle, cart or carriage in or on which there shall
be reason to suspect that anything stolen or unlawfully
obtained or any smuggled goods may be found, and
also any person who may be reasonable suspected of
having or conveying in any manner anything stolen or
unlawfully obtained or any smuggled goods;

(e) to summon before a Magistrate and to prosecute
persons found committing any offence, or whom they
may reasonably suspect of having committed any offence
or who may be charged with having committed any
offence;

(f) to serve and execute at any time (including
Sundays) all process which they may be directed by any
court of criminal jurisdiction or by any Magistrate or
Coroner, or by any Justice of the Peace in any criminal
matter, to serve or execute;

(g) to keep order in and within the precincts and
in the vicinity of all courts of competent jurisdiction
during all sittings of such court;

(h ) to repress internal disturbance;

(1 ) to defend Antigua and Barbuda against external
aggression when called out for such purpose under the
authority of section 4; and

Q generally, to do and perform all the duties
appertaining to the office of a constable.

(2) The Commissioner of Police may, at the request
of any person and upon payment of a fee prescribed by the
Minister, prepare and issue a written report, signed by him
or by any officer designated by him, on any duty performed
by a Police Officer pursuant to this Act or any other law
in force.

(3) Notwithstanding subsection (Z), the Commissioner
of Police may, if he thinks fit in the public interest so to
do, refuse to issue such report.

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Police (CAP. 330

24. (1) Notwithstanding the provisions of any other Barriers.
law, the Commissioner of Police may, if he considers it
necessary in the interests of defence, public safety, public
order, public morality, public health, public revenue or for
the purpose of preventing or detecting crime, authorise any
police officer in uniform and it shall be lawful for such police
officer in uniform to erect or place barriers in or across any
road or street or in any public place within Antigua and
Barbuda, in such manner as such police officer in uniform
may think fit.

(2) The driver of a vehicle travelling on a road or street
or in a public place in or across which a barrier is placed
under the provisions of subsection (1) shall stop h z e h i c l e
at such barrier.

(3) It shall be lawful-

(a) for any police officer in uniform-

(i) without warrant to search any vehicle stopping
at any such barrier in or on which he shall
have reason to suspect that there is anything
stolen or unlawfully obtained, or any smuggled
goods or any goods the possession of which
is prohibited by any law;

(ii) without warrant to search the driver and other
occupants of any such vehicle who are found
committing or about to commit any offence
rendering him or them liable to arrest without
warrant or whom such police officer may
reasonably suspect of having committed any
such offence or who may be charged with
having committed any such offence;

(iii) to take all reasonable steps to prevent such
vehicle from being driven past such barrier or
to stop such vehicle in case it is driven past
such barrier;

( b ) for any person other than a police officer to
assist any police officer in uniform acting under the
provisions of paragraph (a).

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18 CAP. 330) Police

(4) Any driver of a vehicle who-

(a) contravenes subsection (2); or

( b ) fails to comply with any signals of a police
officer in uniform requiring him to stop his vehicle at
such barrier;

shall be guilty of an offence and liable on summary conviction
to a fine not exceeding fifteen hundred dollars or to
imprisonment for a term not exceeding six months.

(5) Any person who, being conveyed in a vehicle
required to stop under the provisions of this section, prevents
or intimidates the driver of such vehicle from stopping; or
who, without the permission of a police officer in uniform
disembarks from such vehicle shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
fifteen hundred dollars or to imprisonment for a term not
exceeding six months.

Police station to
be lock-up.

25. Every police station shall be deemed to be a lock-
up house for the temporary confinement of persons charged
with offences, in which such persons may be received and
detained according to law. In all such stations there shall
be provided some secure place of confinement.

Persons in
custody without

26. (1) When any person is in the custody of any
warrant. police officer without the warrant of a Magistrate it shall

be lawful for such police officer, subject to the provisions
of section 27, to take bail by recognizance for the appearance
of such person before the District Magistrate at a time and
place to be specified.

(2) If such person for whose appearance bail has been
taken in accordance with the ~rovisions of subsection (1) does

\ ,

not appear at the time and place specified in the recognizance,
and the Magistrate does not think fit to enlarge the
recognizance,

fails to
be lawful for

or, having enlarged the recognizance such
appear at the time then appointed, it shall
the Magistrate to cause a record of the

Cap. 255.

recognizance to be drawn up and to deal with such
recognizance in accordance with the provisions of section 209
of the Magistrate's Code of Procedure Act.

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 19

27. (1) When any person is apprehended without f;$"R,ndcd
warrant after the hour of eight o'clock in the evening and after eight in the
before the hour of five o'clock in the morning, such person
shall be taken to a police station, and it shall be lawful for
the police officer in charge to take bail by recognizance, with
security, for the appearance of such person before the District
Magistrate on a day to be mentioned in such recognizance
to be dealt with according to law.

(2) Any person apprehended in the manner mentioned
in subsection (1) who refuses or is unable to give security
for his appearance as required by the said subsection (1) shall,
as soon as may be practicable after his apprehension, be
brought before a Magistrate to be dealt with a c c o r d i w law:

Provided, however, that where any person is
apprehended for any of the offences mentioned in section 6
of the Criminal Procedure Act such person shall be brought Cap. '17.
before a Magistrate within the time prescribed by the said
section.

28. Nothing contained in sections 26 or 27 shall Fazi : t'ses
authorise any police officer to take bail for any person charged of capital felony.
with a capital felony.

29. It shall be the duty of every police officer where z'S",pi'
he declines or refuses to take bail by recoqnizance from any
person in his custody as provided in sect& 26 and 27 and
such person so requires, as soon as may be practicable after
being so required, to take or cause to be taken such person
before some Magistrate conveniently near for the purpose
of having such person dealt with by such Magistrate according
to law.

30. (1) The police officer in charge of a station may ~~'"~r~m~$~,
cause the measurements, photographs, fingerprint and or
palm impressions, and foot impressions to be taken, for f,"rzOy
purposes of identification, use or record, of any person in impressions.
lawful custody, for any indictable offence.

(2) If any such person refuses to permit his
measurements, photographs, fingerprints and or palm
'impressions or foot impressions to be taken under the
provisions of subsection (1) he may be taken before a

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 330) Police

Magistrate and the Magistrate may make such order with
respect to the taking of the measurements, photographs,
fingerprint and or palm impressions or foot impressions (or
any of them) of such person as he shall think fit for which
purpose the use of reasonable force may be permitted.

(3) Any person who refuses to permit his measurements,
photographs, fingerprint and or palm impressions, or foot
impressions to be taken under the provisions of subsection (1)
shall be guilty of an offence and liable on summary conviction
to a fine not exceeding fifteen hundred dollars or to
imprisonment for a term not exceeding six months.

(4) On the release, discharge or acquittal of a person
who has not previously been convicted on indictment and
whose measurements, photographs, fingerprint and or palm
impressions, and foot impressions have been taken under
the provisions of this section, such measurements,
photographs, fingerprint and or palm impressions and foot
impressions (both negatives and copies) shall be destroyed
in his presence or handed over to him;

Provided that release shall not include release on bail
pending trial.

Right of police
officer to
prosecute.

3 1. Where any police officer lays an information or
complaint against any person before a Magistrate or any
person alleged to have committed an offence is apprehended
and brought before a Magistrate who is trying or enquiring
into the matter of the information, complaint or charge any
other police officer shall have the same privileges as to
addressing the Magistrate and examining the witnesses
adduced in the matter as the police officer in whose name
the information, complaint or charge is laid or made would
have had.

Mutinous or
seditious
conduct.

PART I11

OFFENCES AND DISCIPLINE

32. (1) Any police officer who-

(a) begins, raises, abets, countenances, or excites
mutiny; or

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 2 1

(6) causes or joins in any sedition or disturbance
whatsoever,

shall be guilty of an offence punishable on indictment, and
liable to imprisonment not exceeding three years.

(2) Any police officer who-

(a) being present at any assemblage tending to riot
does not use his utmost endeavour to suppress the
tendency; or

(6) strikes his superior officer or offers any violence
against him,

shall be guilty of an offence and liable, on summary
conviction, to a fine not exceeding three thousanctTtollars
or to imprisonment with or without hard labour for a term
not exceeding six months. \,

33. If any person (including any member of the P;""'ror
Force)- disaffection, etc.

(a) causes, or attempts to cause, or does any act
calculated to cause disaffection amongst the members
of the Force; or

(6) induces, or attempts to induce, or does any act
calculated to induce any member of the Force to
withhold his services or to commit breaches of discipline;
or

(c) aids, or incites any other person (including any
member of the Force) to assault or resist any member
of the Force in the execution of his duty,

he shall be liable, on summary conviction, to a fine not
exceeding fifteen hundred dollars or to imprisonment with
or without hard labour for a term not exceeding six months
or, on conviction on indictment, to imprisonment with or
without hard labour for a term not exceeding two years.

34. (1) The Commission may order the dismissal ?;%:.and
from the Force or reduction in rank of any Inspector who
ix convicted of a criminal offence or any breach of any
disciplinary regulations made under this Act.

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 330) Police

( 2 ) The Commission may order the dismissal from the
Force or reduction in rank of any subordinate police officer
or constable who is convicted of a criminal offence or any
breach of any disciplinary regulations made under this Act.

(3) Dismissal or reduction in rank under subsection (1)
or subsection (2) may be ordered in addition to any
punishment which may be imposed on conviction as aforesaid
whether, in the case of a dismissal, a recommendation to
that effect has or has not been made and without calling on
the offender to show cause why he should not be dismissed.

Discipline
Regulations.

35. ( 1 ) It shall be lawful for the Minister with the
concurrence of the Commission to make regulations
providing-

(a) for the creation of offences against discipline
in the case of all members of the Force;

( b ) for the procedure to be followed in dealing with
disciplinary offences including provisions for the
procedure at the hearing of the disciplinary offences;

( c ) for the punishments which may be imposed in
respect of the commission of disciplinary offences;

(6) for the suspension of members of the Force
pending the hearing of disciplinary offences;

(e) generally for the maintenance of discipline of
the Force.

( 2 ) Anything done before the coming into operation of
such Regulations for the purpose of this Act by, or before
any person or authority shall have effect as if it had been
done for the purposes of such Regulations notwithstanding
that it might, under such Regulations, have fallen to be done
by to or before the Commission or a person other than that
person or authority.

(3) Without prejudice to the generality of subsection
(2) of this section any punishment imposed under this Act
before the 27th day of February, 1967, shall be deemed to
have been imposed under regulations made under subsection
( 1 ) and a punishment imposed by a person or authority under
this Act shall have effect on the coming into operation of

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 2 3

such regulations notwithstanding that the Governor-General
or the Commissioner of Police has not decided whether or
not to allow the appeal or that notice of appeal to the
Governor-General or the Commissioner of Police has been

wen. g '

(4) Without prejudice to the generality of subsection (3)
where immediately before the coming into operation of such
regulations a member of the Force was suspended from duty
under section 37 he shall be treated as if he had been suspend-
ed under such regulations.

36. Any Inspector, subordinate police officer or Arrest of
offending

constable who- - member of Force.
(a) commits any offence punishable on summary

conviction or on indictment may be arrested and dealt
with according to law; or

(b) commits a breach of any disciplinary regulations
made under this Act, may, subject to the provisions of
subsection (1) of section 35 be placed under open or
close arrest in accordance with such regulations on the
order, as the case may be, of a Gazetted Police Officer,
Inspector or a subordinate police officer not of inferior
rank to the police officer who is to be arrested.

37. (1) An Inspector, subordinate police officer or Payment during
suspension, etc.

constable against whom any complaint or information for
an offence punishable on summary conviction or on
indictment is laid, or against whom a charge is made for
breach of any disciplinary regulation made under this Act,
may, pending, and until the final determination of such
complaint, information or charge-

(a) be suspended from duty and placed on half-
pay by the Commission; or

(6) if admitted to bail and not so suspended, be
employed on full-time duty, in which case he shall
receive full pay, or if employed on part-time duty he
shall receive a rate of pay (not being less than half-pay)
as the Commissioner of Police thinks fit.

, (2) If an Inspector or a subordinate police officer or
constable is acquitted on any complaint or information, or

LAWS OF ANTIGUA AND BARBUDA

24 CAP.' 330) Police

obtains a decision in his favour on any charge, he shall be
entitled to receive all pay which has been withheld from him;
if he is convicted on such complaint or information or does
not obtain a decision in his favour on such charge and is
subsequently dismissed, he shall not be entitled to receive
any pay so withheld.

(3) In the application of subsection (I ) , an Inspector,
subordinate police officer or constable shall not be deprived
of any part of the house and lodging allowance or the use
of any free quarters to which he may be entitled.

PART IV

PAY, ALLOWANCES AND OTHER
FINANCIAL PROVISIONS

Pay and
allowances.

38. Every police officer shall receive such pay and
allowances as may, from time to time, be provided by the
Legislature.

Payment of extra
expenses.

39. It shall be lawful for the Minister to direct, and
the Accountant-General shall, on the warrant of the Minister
of Finance make payment of any extraordinary expenses
which appear to have been necessarily incurred in detecting
and apprehending offenders and executing the powers and
duties given or imposed under this Act, such expenses being
first certified by the Commissioner of Police.

Reward fund. 40. (1) All fines and penalties imposed upon any
Inspector, subordinate police officer or constable or any other
person under the authoriry of this Act or under the rules
and regulations made under this Act, and all penalties and
proportions of penalties and damages, awarded to any
Inspector, subordinate police officer or constable on any
summary conviction as the prosecutor of any information
or otherwise shall be received by the Commissioner of Police
and shall be paid or transmitted to an officer appointed by
the Minister for that purpose who shall keep the same on
deposit in a separate account to be called the "Police Reward
Fund".

(2) The moneys of such Fund shall be appropriated for
the payments of such rewards or gratuitous bounties or

1 LAWS OF ANTIGUA AND BARBUDA
i
i
i Police (CAP. 330 2 5
i

i
i pensions, or other purposes as the Minister may, from time
E to time, award and direct.

1 (3) Where in any Act in force in Antigua and Barbuda
it is enacted that any part or share of any seizure or forfeiture,
or proceeds thereof, is or may be awarded to any person

L as prosecutor, informer, or otherwise, and any such part or
share is awarded to any Inspector, subordinate police officer
or constable, such Inspector, subordinate police officer or
constable shall have for his own personal use and benefit
the part or share so awarded to him.

4 1. It shall be lawful for the Commissioner of Police f,"z:;;,":;f
to direct the investment of any moneys belonging to&e Police
Reward Fund, or any portion thereof, in any loan or public
security under any Act or in any bank and the principal and
interest of every such investment may be applied in like man-
ner and for like purposes as the Police Reward Fund is by
this Act in that behalf made applicable.

PART V

PENSIONS AND GRATUITIES

42. For the purposes of this Part the word "pay" Definition of
in relation to an Inspector, subordinate police officer or
constable includes his salary, good conduct pay, personal,
detective, house and lodging allowances (inclusive of the
estimated value of free quarters):

Provided that the amount to be allowed for house and
lodging allowance shall not exceed one-sixth of the pay of
such Inspector, subordinate police officer or constable.

43. There shall be charged on and paid out of the ~;~;~;~~; be
general revenues of Antigua and Barbuda as hereinafter
provided all such sums of money as may from time to time Anti~ua and

Barbuda.
be granted by way of pension, gratuity, or other allowance
in accordance with the provisions of this Part to persons who
have been in the Force.

44. The Governor-General may, subject to the F:;;.:'
provisions of this Part, arant on his retirement to every
inspector, subordinate pojice officer and constable who has
served in the Force for ten years or upwards, a pension at

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 330) Police

the rate of fifteen-sixtieths of his pay with an addition of
one-sixtieth in respect of each complete year of such service
in excess of ten:

Provided that no pension granted by virtue of this section
shall exceed two-thirds of the average pay of such Inspector,
subordinate police officer or constable during the three years
immediately preceding his retirement.

Pay to be taken
for computation

45. For the purposes of computing the amount of an
of pensions, etc. Inspector's, subordinate police oficer's or constable's pension

or gratuity-

(a) in the case of an Inspector, subordinate police
officer or constable who has held the same rank for a
period of three years immediately preceding the date
of his retirement, the full annual pay enjoyed by him
at that date in respect of that rank shall be taken;

(6) in the case of an Inspector, subordinate police
officer or constable who at any time during such period
of three years has been transferred from one rank to
another but whose pay has not been changed by reason
of such transfer or transfers, the full annual pay enjoyed
by him at the date of retirement in respect of the rank
then held by him shall be taken;

(c) in other cases one-third of the aggregate pay
enjoyed by the Inspector, subordinate police officer or
constable in respect of his service during the three years
of his service immediately preceding the date of his retire-
ment shall be taken:
Provided that-

(i) if such one-third is less than the highest annual
pay enjoyed by him at the date of any transfer
within such period of three years then the
highest annual pay shall be taken; and

(ii) if such one-third is less than the annual pay
which would have been enjoyed by him at the
date of his retirement, if he had continued to
hold any rank from which he has been
transferred at any time during such period of
three years and had received all increments
which, in the opinion of the Commission,
would have been granted to him, the annual

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330

pay which would have been so enjoyed shall
be taken;

(iii) for the purposes of calculating pay for the
computation of pensions under this paragraph,
an Inspector, subordinate police officer or
constable shall be deemed to have been on duty
on full pay throughout the said three years:

Provided further that if such one-third is less
than the pay which would have been enjoyed by
him at the date of his retirement, if he had
continued to hold any rank from which he has been
transferred at any time during such period of three
years, and had received all increments which, in
the opinion of the Commission, would mve been
granted to him, the annual pay which would have
been enjoyed shall be taken.

46. Every Inspector, subordinate police officer or con- ~~:.(~.icaSes
stable who has been in the service of the Force for more .f retirement on
than ten but less than twenty years, and who retires from findings of a

Medical Board
the Force on the findings of a Medical Board as provided after more than
in subsection (1) of section 47 may be granted a pension ten but less than

twenty years'
as if his service in the Force had been twenty years. ser,;,e.

47. (1) Subject to the provisions of subsections (2) $;~;m;~~;;~ in
and (3), no pension shall be granted to any Inspector, may be granted.
subordinate police officer or constable who has not attained
the age of fifty years unless the Commission is satisfied by
the findings of a Medical Board that such Inspector,
subordinate police officer or constable is incapacitated by
some infirmity of mind or body for further service in the
Force and that such infirmity is likely to be permanent.

(2) Every Inspector, subordinate police officer and
constable who is required or permitted to retire from the
Force after he has served in the Force for twenty years shall
be eligible for pension, gratuity or other allowance under
this Part.

(3) Where the services of an Inspector, subordinate
police officer or constable in the Force are terminated as
provided in subsection (2) of section 67, and a pension,
gratuity or other allowance cannot otherwise be granted to

LAWS OF ANTIGUA AND BARBUDA

CAP. 330) Police

Gratuity where
length of service
does not qualify
for pension.

Retirement on
account of
injuries or
disease
contracted in
discharge of
duty.

him under the provisions of this Part. the Governor-General
may, if he thinks fit, grant such pension, gratuity or other
allowance as he thinks just and proper, not exceeding in
amount that for which such Inspector, subordinate police
officer or constable would be eligible if he had retired from
the Force on the findings of a Medical Board as provided
in subsection (1 ) .

48. The Governor-General may grant on his
retirement to every Inspector, subordinate police officer and
constable who has not completed ten years' service in the
Force a gratuity at the rate of half a month's pay for each
complete six months of service.

49. ( 1 ) This section shall apply to an Inspector,
subordinate police officer or constable who while in the service
of the Force either-

(a) is permanently injured in the actual discharge
of his duty by some injury specifically attributable to
the nature of his duty which is not wholly or mainly
due to, or seriously aggravated by, his own serious and
culpable negligence or misconduct; or

( b ) contracts a disease to which he is specifically
exposed by the nature of his duty, not being a disease
wholly or mainly due to, or seriously aggravated by,
his own serious and culpable negligence or misconduct.

(2) In this section, unless the contrary intention appears,
references to an Inspector, subordinate police officer or
constable being injured and to the date on which an injury
is sustained shall respectively be construed as including
references to such Inspector, subordinate police officer or
constable contracting such a disease as is mentioned in
subsection ( 1 ) and to the date on which such disease is
contracted.

(3) Where an Inspector, subordinate police officer or
constable to whom this section applies is holding a
pensionable office in which he is confirmed-

(a) he may, if his retirement is necessitated or
materially accelerated by his injury and he has been
in the service of the Force for less than ten years, be

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 29

granted, in lieu of any gratuity under section 48, a
pension under section 44 as if the words "for ten years
or upwards" were omitted from the said section 44;

(b) he may be granted on retirement an additional
pension at the annual rate of the proportion of his actual
pay at the date of his injury appropriate to his case as
shown in the following table-

when his capacity to contribute to his support is-
slightly impaired, forty four-hundred-and-eightieths of

a month's pay;
impaired, eighty four-hundred-and-eightieths of a

month's pay;
materially impaired, one hundred and twerrtp- four-

hundred-and-eightieths of a month's pay;
totally destroyed, one-hundred-and-sixty four-hundred-

and-eightieths of a month's pay;
Provided that the amount of the additional pension may

be reduced to such an extent as the Governor-General shall
think reasonable where the injury is not the cause or the
sole cause of retirement.

(4) If, for the purpose of assessing the amount of any
additional pension or pension to be granted under paragraph
(6) of subsection (3) any Inspector, subordinate police officer
or constable to whom this section applies, the degree of
permanent impairment of his capacity to contribute to his
support is in doubt, he may be granted a provisional award
to have effect until such time as the degree of permanent
impairment can be determined.

(5) If an Inspector, subordinate police officer or
constable proceeding by a route approved by the Governor-
General to or from Antigua and Barbuda, at the
commencement or termination of his service in Antigua and
Barbuda, or of a period of leave therefrom is permanently
injured as the result of damage to the vessel, aircraft or
vehicle, and the Governor-General is satisfied that such
damage or act is attributable to circumstances arising out
of any war in which Her Majesty may be engaged, such
Inspector, subordinate police officer or constable shall be
deemed for the purposes of this section to have been injured
in the circumstances described in subsection (1).

LAWS OF ANTIGUA AND BARBUDA

30 CAP. 330) Police

(6) An Inspector, subordinate police officer or constable
who is permanently injured while travelling by air in
pursuance of official instructions, and whose injury is not
wholly or mainly due to, or seriously aggravated by, his own
serious and culpable negligence or misconduct, shall be
deemed for the purposes of this section to have been injured
in the circumstances described in subsection (1):

Provided that in such a case the rates of pension
prescribed in subsection (3) shall be sixty four-hundred-and-
eightieths, one-hundred-and-twenty four-hundred-and-
eightieths, one-hundred-and-eighty four-hundred-and-
eightieths and two-hundred-and-forty four-hundred-and-
eightieths respectively.

(7) Paragraph (6) of subsection ( 3 ) shall not apply in
the case of an Inspector, subordinate police officer or
constable selected for appointment in the service of the Force
on or after the coming into force of this Act who, in
consequence of his injury, is entitled to compensation under

Cap. 475. the Workmen's Compensation Act or any Act amending or
replacing that Act.

(8) (a) Where the Governor-General is satisfied that
damages have been or will be recovered by an Inspector,
subordinate police officer or constable in respect of an
injury for which an additional pension or pension may
be granted under paragraph (b ) of subsection (3), the
Governor-General may take the damages into account
against such additional pension or pension in such
manner and to such extent as he may think fit and may
withhold or reduce the additional pension or pension
accordingly;

(6) For the purpose of this subsection an Inspector,
subordinate police officer or constable shall be deemed
to recover damages whether they are paid in pursuance
of a judgment or order of the Court or by way of
settlement or compromise of his claim and whether or
not proceedings are instituted to enforce that claim.

LAWS OF ANTIGUA AND BARBUDA

Po lice (CAP. 330 3 1

50. (1) Every Inspector, subordinate ~o l i ce officer or Right to take
reduced pension constable who becomes eligible for pension under the and gratuity.

provisions of this Part, may at his option exercisable as in
this section provided be paid on his retirement a reduced
pension and gratuity in lieu of the pension provided for by
this Part of this Act.

(2) The option referred to in subsection (1) shall be
exercisable not later than the day immediately preceding the
date of retirement of such Inspector, subordinate police officer
or constable:

Provided that the Commission may, if it appears to them
in all the circumstances equitable so to do, allow such
Inspector, subordinate police officer or constable toxercise
the option at any time between the date of retirement and
the date of award of pension under this Part.

(3) If an Inspector, subordinate police officer or
constable has exercised the option his decision shall be
irrevocable after the date of his retirement.

(4) If an Inspector, subordinate police officer or
constable who has not exercised the option dies after the date
of retirement but before a pension has been awarded under
this Part, it shall be lawful for the Commission to grant a
gratuity and a reduced pension as provided in subsection
(1) as if the Inspector, subordinate police officer or constable
had exercised the option before his death.

(5) The date of the exercise of the option by an
Inspector, subordinate police officer or constable shall be
deemed to be the date of the receipt of his written notification
addressed to the Commissioner of Police.

(6) The election exercised by an Inspector, subordinate
police officer or constable to take on retirement a gratuity
and reduced pension under the Police Pension Act 1929 in
lieu of the pension provided for by that Act is hereby revoked,
and such Inspector, subordinate police officer or constable
may in lieu of such election, exercise the option referred to
in subsection (1) and the provisions of this section shall apply
to him accordingly.

LAWS OF ANTIGUA AND BARBUDA

32 CAP. 330) Police

Definition of
reduced pension
and gratuity.

5 1. Reduced pension shall be a pension equal to three-
fourths of the amount of pension which would be payable
under this Part including any allowance granted under section
49 and a gratuity shall be the amount which one-fourth of
the.pension payable under this Part, including such allowance
when multiplied by twelve-and-one-half shall represent.

Gratuity where
Inspector,

52. (1) (a) Subject to the provisions of section 53
subordinate where an Inspector, subordinate police officer or con-
police officer or
constable dies in

stable who is Lot oi probation or ggreement dies while
the service of the in the service of the Force, it shall be lawful for the Com-
Force or after mission to grant to his legal personal representative a
retirement.

gratuity of an amount not exceeding either his annual
pay, or his commuted pension gratuity, if any,
whichever is the greater.

( b ) For the purposes of this subsection-

(i) "annual pay" means the pay which would be
taken for the purpose of computing any
pension or gratuity granted to an Inspector,
subordinate police officer or constable if he had
retired from the Force at the date of his death
on the findings of a Medical Board as provided
in subsection (1) of section 47.

(ii) "commuted pension gratuity" means the
gratuity, if any, which might have been
granted to an Inspector, subordinate police
officer or constable under section 47 of this
Act if his service had been wholly in Antigua
and Barbuda and if he had retired from the
Force at the date of his death on the findings
of a Medical Board as provided in subsec-
tion (1) of section 47 and had elected to receive
a reduced pension and gratuity.

(2) Where any such Inspector, subordinate police officer
or constable to whom a gratuity or other allowance has been
granted under this Part dies after retirement from the Force,
and the sums paid or payable to him at his death on account
of any pension, gratuity or other allowance in respect of his

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 3 3

service in the Force are less than the amount of the annual
pay enjoyed by him at the date of his retirement, it shall
be lawful for the Commission to grant to his legal personal
representative a gratuity equal to the deficiency.

53. Where an Inspector, subordinate police officer :;;:;it~;p
or constable dies- iniuries received

or disease
( a ) in the actual discharge of his duty by some contracted in the

injury specifically attributable to the nature of his duty z ~ p
which is not wholly or mainly due to, or seriously
aggravated by, his own serious and culpable negligence
or misconduct; or

( b ) as a result of contracting a disease to which he
is specifically exposed by the nature of his duty, not
being a disease wholly or mainly due to, or seriously
aggravated by, his own serious and culpable negligence
or misconduct,

while in the service of the Force, and such death occurs within
seven years of the date of the injury or contracting the disease,
it shall be lawful for the Commission to grant to the legal
personal representative of such Inspector, subordinate police
officer or constable either a gratuity of an amount to be at
the discretion of the Commission but not exceeding two years'
pay of such Inspector, subordinate police officer or constable,
or a gratuity under the provisions of section 52, whichever
is the greater.

54. Where an Inspector, subordinate police officer :f;z;a:;s
or constable dies- where Inspector,

subordinate
( a ) in the actual discharge of his duty by some police officer or

injury specifically attributable to the nature of his duty constable dies as a result of
which is not whollv or mainly due to, or seriously injuries received
aggravated by, his own serious and culpable negligenck 0; contracted disease in the
or misconduct; or discharge of his

duties.

( b ) as a result of contracting a disease to which he
\ I "

is specifically exposed by the nature of his duty, not
being a disease wholly or mainly due to, or seriously
aggravated by, his own serious and culpable negligence
or misconduct,

while in the service of the Force, and such death occurs within
seven years of the date of the injury or contracting the disease,

LAWS OF ANTIGUA AND BARBUDA

3 4 CAP. 330) Police

it shall be lawful for the Commission to grant, in addition
to the grant, if any, made to his legal personal representative
under section 52 or section 53-

(i) if such Inspector, subordinate police officer or
constable leaves a widow, a pension to her
while unmarried at a rate not exceeding ten-
sixtieths of his pay at the date of the injury
or ninety-six dollars a year, whichever is the
greater;

(ii) if such Inspector, subordinate police officer or
constable leaves a widow to whom a pension
is granted under the preceding paragraph and
a child or children, a pension in respect of each
child, until such child attains the age of
nineteen years, of an amount not exceeding
one-eighth of the pension prescribed under the
preceding paragraph;

(iii) if such Inspector, subordinate police officer or
constable leaves a child or children but does
not leave a widow or no pension is granted
to the widow, a pension in respect of each child
until such child attains the age of nineteen
years, of double the amount prescribed by the
preceding paragraph;

(iv) if such Inspector, subordinate police officer or
constable leaves a child or children and a
widow to whom a pension is granted under
paragraph (1) of this subsection and the widow
subsequently dies, a pension in respect of each
child as from the date of the death of the widow
until such child attains the age of nineteen
years, of double the amount prescribed in
paragraph (ii);

(v) if such Inspector, subordinate police officer or
constable does not leave a widow, or if no
pension is granted to his widow and if his
mother were wholly or mainly dependent on
him for her support, a pension to the mother
while without adequate means of support, of
an amount not exceeding the pension which
might have been granted to his widow;

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 3 5

(vi) if such Inspector, subordinate police officer or
constable does not leave a widow or mother,
or if no pension is granted to his widow or
mother, and if his father were wholly or mainly
dependent on him for his support, a pension
to the father while without adequate means
of support, of an amount not exceeding the
pension which might have been granted to his
widow;

(vii) if such Inspector, subordinate police officer or
constable does not leave a child or children
who may be eligible for a pension under the
provisions of this section, and if any brother
or sister were wholly or mainly depe%nt on
him for support, a pension to any such brother
or sister until he or she attains the age of
nineteen years while without adequate means
of support, of an amount not exceeding the
pension which might have been granted under
paragraphs (ii) and (iii) of this subsection:

Provided that-

(a) if in the opinion of the Commission there are
compassionate grounds for so doing, they may grant
to any child of such Inspector, subordinate police officer
or constable being a child who at the date of the death
of such Inspector, subordinate police officer or constable
was wholly or mainly dependent on him for support and
who had attained the age of nineteen years, a pension
for such period as the Commission may determine, of
an amount not exceeding the pension which may be
granted under paragraph (ii) of this subsection;

(6) where an Inspector, subordinate police officer
or constable leaves a child who was incapacitated at the
time of such Inspector's, subordinate police officer's or
constable's death (hereinafter in this section referred to
as an "incapacitated child") the Commission may, not-
withstanding any pension which may have been granted
under paragraph (ii) or paragraph (iii) of this subsection,
grant an additional pension in respect of such

\ incapacitated child after he has attained the age of
nineteen years and so long as his incapacity shall

LAWS OF ANTlGUA AND BARBUDA

36 CAP. 330) Police

Cap. 475.

continue, of an amount not exceeding one half of the
pension which may be granted under paragraph (ii) or
paragraph (iii) aforesaid;

(c) where compensation in respect of the death is
payable under the Workmen's Compensation Act, or
any Act amending or replacing the same, the
Commission may reduce the pension which may be
payable under this section to such extent as they may
consider reasonable;

(d) no pension shall be payable under this
subsection at any time in respect of more than six
children exclusive of incapacitated children;

(e) in the case of a pension granted under
paragraph (v) of this subsection, if the mother is a widow
at the time of the grant of the pension and subsequently
re-marries such pension shall cease as from the date of
re-marriage; and if it appears to the Commission at any
time that the mother is adequately provided with other
means of support, such pension shall cease as from such
date as the Commission may determine;

(f) a pension granted to a female child under this
section shall cease upon the marriage of such child under
the age of nineteen years.

(2) If an Inspector, subordinate police officer or
constable proceeding by a route approved by the Commission
to or from Antigua and Barbuda, or from one Island in
Antigua and Barbuda to another, at the commencement or
termination of his service in Antigua and Barbuda, or of
a period of leave therefrom, dies as the result of damage
to the vessel, aircraft or vehicle in which he is travelling,
or of any act of violence directed against such vessel, aircraft
or vehicle, and the Commission is satisfied that such damage
or act is attributable to circumstances arising out of war in
which Her Majesty may be engaged, such Inspector,
subordinate police officer or constable shall be deemed, for
the purposes of this section, to have died in the circumstances
described in paragraph (a) of subsection (1).

(3) If an Inspector, subordinate police officer or
constable dies as a result of an injury received while travelling
by air in pursuance of official instructions, which injury is

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 37

not wholly or mainly due to, or seriously aggravated by,
his own serious and culpable negligence or misconduct, he
shall be deemed to have died in the circumstances described
in paragraph (a) of subsection (1):

Provided that in such a case the rates of pension
prescribed in paragraphs (i) and (ii) of subsection (1) shall
be fifteen-sixtieths and one-sixth respectively.

(4) (a) Where the Commission is satisfied that damages
have been or will be recovered in respect of the death
for which an additional pension or pension may be
granted under subsection (I), the Commission may take
those damages into account against such additional
pension or pension in such manner and to such extent
as they may think fit and may withhold or reduce the
additional pension or pension accordingly.

(b) For the purposes of this subsection an Inspector,
subordinate police officer or constable shall be deemed
to recover damages whether they are paid in pursuance
of a judgment or order of a Court or by way of settlement
or compromise of his claim and whether or not
proceedings are instituted to enforce that claim.

(5) For the purposes of this section-

(a) the word "brother" includes, in relation to a
person, every male child of his father or his mother;

(b) the word "child" shall include-

(i) a posthumous child;

(ii) a step-child or illegitimate child born before
the date of the injury or contracting the
disease, as the case may be, and wholly or
mainly dependent upon such Inspector,
subordinate police officer or constable for
support; and

(iii) an adopted child, adopted in a manner
recognized by law, before the date of the injury
or contracting the disease, as the case may be,
and dependent as aforesaid;

LAWS OF ANTIGUA AND BARBUDA

38 CAP. 330) Police

(c) the expression "incapacitated" means in
relation to a child, incapacitated by reason of some
specific bodily or mental disability of earning his own
living, and a child who is in any event too young to
earn his own living shall be treated as incapacitated for
the purposes of this section if it appears that, by reason
of any specific bodily or mental disability, he will be
incapable of earning his own living when he attains the
age at which he would otherwise be capable of doing so;

(6) the word "mother" includes, in relation to a
person, his stepmother and a female person by whom
he has been adopted;

( e ) the word "sister" includes, in relation to a
person, every female child of his father or his mother.

Pension not of
right.

55. No Inspector, subordinate police officer or
constable shall have an absolute right to compensation for
past services, or to any pension, gratuity or other allowance
under this Part, nor shall anything therein limit the right
of the Commission to dismiss any such Inspector, subordinate
police officer or constable without compensation.

Pension not to
be assignable.

56. No pension granted under this Part shall be
assignable or transferable or liable to be attached, sequestered,
or levied upon, for or in respect of any debt or claim
whatsoever.

Pension to cease
on conviction.

57. If any Inspector, subordinate police officer or
constable to whom a pension has been granted under this
Part is convicted before any court in Her Majesty's dominions
of any crime or offence for which he is sentenced to death
or penal servitude or any term of imprisonment with hard
labour exceeding twelve months, and does not within two
months after such conviction receive Her Majesty's free
pardon, then in every such case such pension shall forthwith
cease:

Provided always that in the case of an Inspector or a
subordinate police officer or constable who after conviction
as above described, receives Her Majesty's free pardon at
any time, the Governor-General may or, if the Inspector,
subordinate police officer or constable is resident in Antigua

9 LAWS OF ANTIGUA AND BARBUDA
g

Police (CAP. 330 3 9

and Barbuda, the Commission may, if it thinks fit, restore

t the pension.

P 58. If any Inspector, subordinate police officer or ~;~~~~;; ;~
3 constable to whom a pension has been granted under this
! Part becomes a bankrupt, then such pension shall forthwith
9 cease:

Provided always that in any case where a pension ceases
by reason of the bankruptcy of the pensioner, the Cabinet
may from time to time during the remainder of such
pensioner's life or during such shorter period or periods,
either continuous or discontinuous, as the Cabinet shall think
fit, pay all or any part of the moneys to which such pensioner
would have been entitled by way of pension M he not
become a bankrupt to, or apply the same for the maintenance
and personal support or benefit of all or any, exclusive of
the other or others, of the following persons, namely, such
pensioner and any wife, child or children of his, in such
proportions and manner as the Cabinet thinks proper.

59. If any Inspector or subordinate police officer or Suspension of
pension on re.

constable to whom a pension has been granted under this e,plopment.
Part is appointed to any office in the Public Service or
re-appointed to the Force, the payment of his pension may,
if the Commission thinks fit, be suspended during the period
of his re-employment.

s%

$ 60. This Part shall apply to every Inspector, subord- k$@&,":o;. ge
41
I inate police officer and constable serving in the Force at the Force.
1 commencement of this Act or who shall thereafter be

appointed to or promoted in the Force.

a 61. The pensions, gratuities and other allowances to Pensions to be 5 granted to be granted in respect of the service of Gazetted Police Officers ~~~~~~~d police
$ shall be determined in accordance with the provisions of the officers.

Pensions Act and the Regulations made thereunder. Cap. 311.

f

PART VI

POLICE WELFARE ASSOCIATION
I

i 62. (1) For the purpose of enabling Inspectors, Constitution of Police Welfare
subordinate police officers and constables of the Force to Association.
consider and bring to the notice of the Commissioner of Police

LAWS OF ANTIGUA AND BARBUDA

40 CAP. 330) Police

and the Minister matters affecting their general welfare and
efficiency, there shall be established an organization to be
called the Police Welfare Association (hereinafter in this Part
referred to as "the Association") which shall act through
a Board as provided by rules made under section 63.

(2) No representation shall be made by the Association
in relation to any question of discipline, promotion, transfer
or leave unless some question of principle is involved.

(3) The Association shall be entirely independent of and
unassociated with any body outside the Force.

Police
Association

63. The Association may make rules providing for
Rules. the good government of the Association and for carrying out

the object of the Association and such rules shall contain
provisions in respect of any matters which the Minister may
prescribe:

Provided that until varied or revoked by any such rules,
Cap: 84 of 1927 the Rules made by the Administrator under section 67 of
Revls~on.

the Police Act and in force immediately before the coming
into operation of this Act shall continue in force.

PART VII

PROHIBITED ASSOCIATIONS

Police officers
not to join

64. (1) It shall not be lawful for any police officer
prohibited to be or become a member of any prohibited association.
associations.

(2) If any police officer becomes a member of a
prohibited association, such police officer shall be liable on
summary conviction to a fine not exceeding five hundred
dollars and such member shall be dismissed from the Force.

(3) For the purposes of this section a L'prohibited
association" means-

(a ) any Trade Union as defined by the Antigua
Cap. 27. and Barbuda Labour Code, whether the Trade Union

is registered or incorporated or not;

(6) any league or association or body of persons,
whether registered or not, which has for its objects, or

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 41

one of its objects, the promotion of feelings of ill-will
and hostility between different classes or races;

(c) any other association, society or club, any of
the objects of which may be subversive of good discipline
on the part of a member of the Force, and of which
the Commissioner of Police shall with the approval of
the Minister declare to be a prohibited association.

PART VIII

GENERAL ADMINISTRATION

65. ( 1 ) There may be established with the approval Canteens.
of the Commissioner of Police a police canteen for the Force
at which the keeper thereof may sell intoxicating ktpuors by
retail to and for the use of members of the Force without
having previously obtained a licence for the purpose.

( 2 ) The Commissioner of Police may make rules in
regard to the hours during which such canteen shall be kept
open on each day and for the proper management and control
thereof.

66. ( 1 ) All police officers shall be entitled to hospital Hospital
treatment and

treatment and medical and surgical attention within Antigua medical attention
and Barbuda at Government expense. at Government

expense.

( 2 ) If any police officer is incapacitated for duty by his Incapacity due to
misconduct.

own misconduct, the Minister of Finance may order that
he shall forfeit the whole or any part of his pay for the period
during which he is so incapacitated.

67. ( 1 ) The Commissioner of Police may reduce, for Ezz,",?
inefficiency, any subordinate police officer to a lower grade.

(2) If, on the recommendation of the Commissioner of
Police the Commission considers that the services of any
Inspector, subordinate police officer or constable should be
terminated on the ground that, having regard to the
conditions of the Force, the usefulness of such Inspector,
subordinate police officer or constable therein and all the
other circumstances of the case, such termination is desirable

, in the interest of the Force, they may, subject to the provisions
of subsection (3), require such Inspector, subordinate police

LAWS OF ANTIGUA AND BARBUDA

42 CAP. 330) Police

officer or constable to retire from the Force, and the services
of such Inspector, subordinate police officer or constable shall
accordingly terminate on such date as the Commission shall
specify. In every such case the question of pension shall be
dealt with under subsection (3) of section 47.

(3) Before requiring any Inspector, subordinate police
officer or constable to retire from the Force as provided in
subsection (2), the Commission shall call for a full report
from the Commissioner of Police, and if, after considering
that report and giving such Inspector, subordinate police
officer or constable an opportunity of submitting a reply to
the complaint by reason of which his retirement is
contemplated, the Commission is satisfied, having regard
as aforesaid, that it is desirable in the interest of the Force
that such Inspector, subordinate police officer or constable
should be retired his retirement shall have effect accordingly.

Retirement from 68. (1) Every Inspector, subordinate police officer
the Force. and constable shall retire from the Force on attaining the

age of fifty-five years.

(2) Every Inspector, subordinate police officer or con-
stable may be required or permitted to retire from the Force-

(a) on attaining the age of fifty years; or

(b) after he hasserved in the Force for twenty years.

Examination by
Medical Board.

69. The Minister may require any Inspector,
subordinate police officer or constable whom he may consider
to be incapacitated from further performance of police duties
to be examined by a Medical Board.

Discharge on
medical grounds.

70. The Commission may discharge from the Force
any Inspector, subordinate police officer or constable who
is certified by a Medical Board to be incapacitated for further
service by reason of some infirmity of mind or body which
is likely to be permanent.

Power to make
regulations.

71. (1) The Governor-General may make regulations
relating to all or any of the following matters, that is to say-

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330 43

(a) the description and issue of arms, ammunition,
accoutrements, badges of rank, uniforms and necessaries
to be supplied to the Force;

(b) the conditions subject to which allowances may
be paid to members of the Force;

(6) the conditions subject to which repatriation
expenses may be paid to widows and dependants of
deceased members of the Force;

(4 the leave of absence and the periods and
conditions thereof which may be granted to Inspectors,
subordinate police officers and constables;

(e) training of the Force; -.

V) generally, for the good government of the Force
and all such matters as may, from time to time, be
deemed expedient for rendering the Force efficient in
the discharge of its duties and for securing proper
discipline therein.

(2) All such regulations shall come into operation upon
publication in the Gazette or upon such subsequent day as
may be named in that behalf therein.

(3) All rules and regulations made under this Act and
all rules and regulations in force immediately prior to the
coming into operation of this Act and continued in force by
this Act, shall have the force and effect of law as if they had
been incorporated in this Act.

(4) Notwithstanding the provisions of section 42,
regulations made under paragraph (b) of subsection (1) may
provide that a portion of a house and lodging allowance paid
to an Inspector, subordinate police officer or constable
(whether or not that portion together with any other sum
payable to such officer for house and lodging allowance may
amount to less than one sixth of the pay of that officer) shall
be paid subject to the condition that that portion of such
allowance shall be non-pensionable.

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 330) Police

PART IX

SPECIAL CONSTABLES
Appointment of
special

72. (1) The Commission may, at any time that they
constables. think it expedient in the public interest so to do appoint fit

and proper persons to be special constables to act as such
for the preservation of the peace and may at any time cancel
any appointment so made.

(2) Every such appointment shall be for such period
not exceeding three years as may be specified in such
appointment.

Officers and 73. Every officer and member of a Fire Brigade in
members of Fire
Brigades and Antigua and Barbuda and every prison officer shall be a
prison officers to special constable and shall act as such for the preservation
be special
constables. of the peace and in the execution of his office as such special

constable sections 74 to 77 shall apply except that the oath
prescribed by section 74 shall not be required of persons who
were officers and members of such Fire Brigade immediately
before the coming into operation of this Act.

General powers,
etc., of special

74. Every special constable shall, during his term of
constables. office, have all such powers, authorities and immunities, and

be subject to all such duties and responsibilities as are
conferred or imposed upon a member of the Force, and shall
on appointment, take and subscribe before a Magistrate or
Justice of the Peace the following oath, that is to say-

"I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do swear
that I will well and truly serve Our Sovereign Lady The
Queen in the Office of special constable in Antigua and
Barbuda without favour or affection, malice or ill-will,
and that I will cause Her Majesty's peace to be
preserved, and will prevent to the utmost of my power
offences against the same. So help me God!".

Arms of special
constables.

75. (1) Every special constable shall be provided by
the Commissioner of Police, at the public expense, with such
badge, staff, weapons, and other accoutrements as may be
necessary, and such badge, staff, weapons and other
accoutrements shall be returned to the Commissioner of
Police at such time and place as he may direct.

LAWS OF ANTIGUA AND BARBUDA

Police (CAP. 330

(2) Any special constable wilfully neglecting or refusing
to make such return shall be guilty of an offence and shall
be liable on summary conviction to a penalty not exceeding
five hundred dollars, and in default of payment to
imprisonment for any term not exceeding four months.

(3) It shall be lawful for any Magistrate or any Justice
of the Peace to issue his warrant to search for and seize all
such weapons, articles, or accoutrements which are not so
delivered over wherever the same may be found, and to arrest
the person in whose possession the same may be found.

76. Special constables shall be under the orders of Ef~cif"" of
such officers as may be appointed to commandx

Related Laws

2000 Police Act