Chapter 17:01 - Police (Discipline)

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/518-chapter-1701-police-discipline/file

L.R.O. 1.2012
LAWS OF GUYANA
POLICE (DISCIPLINE) ACT
CHAPTER 17:01
Act
16 of1985

Amended by
O. 80/1980









(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 42 ... 1/2012
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Note
on
Subsidiary Legislation
Page

Police (Discipline) Standing Orders
(L.S.10 Sept. 1977)




30
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CHAPTER 17:01
POLICE (DISCIPLINE) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART II
APPEALS TO THE POLICE SERVICE COMMISSION
3. Appeals in disciplinary matters.
PART III
DISCIPLINE
4. Offences against discipline.
5. Investigation of offences against discipline.
6. Procedure at inquiry.
7. Absence without leave.
8. Interdiction from duty pending inquiry into offence against
discipline.
9. Defaulter sheets.
10. Arrest of members of the Force.
11. Damage or loss of equipment.
12. Recovery of fines from members of the Force.
13. Power to make standing orders and regulations.
SCHEDULE—Powers of punishment.
__________________________

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POLICE (DISCIPLINE) ACT
16 of 1985
[O. 80/1980]
An Act to enable members of the Police Force to appeal to
the Police Service Commission in disciplinary matters
pursuant to article 212(5) of the Constitution and to
make provision for the exercise of disciplinary powers
in the Police Force.
[14TH MAY, 1975]
PART I
PRELIMINARY
Short title.

Interpretation.
[O.80/1980]

c. 16:01

c. 1:01

c. 1:01

Appeals in
disciplinary
1. This Act may be cited as the Police (Discipline) Act.
2. In this Act—
“assistant commissioner”, “branch”, “division”, “inspector”,
“officer”, and “station” have the respective meanings
assigned to them by section 2 of the Police Act;
“Commission” means the Police Service Commission
established by article 137 of the Constitution;
“Commissioner” means the Commissioner of Police;
“disciplinary authority” means the disciplinary authority
within the meaning of article 212(5) of the Constitution;
“the Force” means the Police Force;
“the Police Force” has the meaning assigned to it by article
232(1) of the Constitution.
PART II
APPEALS TO POLICE SERVICE COMMISSION
control over persons holding offices in the Police Force
3. (1) Where the power to exercise disciplinary
CHAPTER 17:01
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matters.
[O.80/1980]
c. 1:01
(including the power to remove such persons from office) has
been exercised under article 212 of the Constitution by the
disciplinary authority, any such person in respect of whom
that power has been exercised may appeal from the decision
of the disciplinary authority to the Commission except that—
(a) no appeal shall lie to the Commission,
by virtue of this Act, where the
disciplinary authority consists of a
majority of the members of the
Commission;
(b) an appeal from a decision of the
disciplinary authority being a
member of the Police Force, other
than the Commissioner, shall lie in the
first instance to the Commissioner, or
to a member of the Police Force of
higher rank than the disciplinary
authority if so required by the
Commissioner under article 212(5) of
the Constitution.
(2) Any member of the Police Force in respect of
whom the power to exercise disciplinary control has been
exercised under article 212 of the Constitution by the
disciplinary authority may appeal against the decision of
the disciplinary authority within fourteen days after the date
on which the decision is duly communicated to him by
lodging the appeal, together with the grounds thereof—
(a) with the Secretary of the Commission,
where the appeal is against the
decision of the disciplinary authority
consisting of less than a majority of
the Commission or of the
Commissioner;
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(b) with the Commissioner, where the
appeal is against the decision of the
disciplinary authority, being a
member of the Police Force other
than the Commissioner, or with a
member of the Police Force of higher
rank than the disciplinary authority if
so required by the Commissioner
under article 212(5) of the
Constitution.
(3) Notwithstanding that the time prescribed by
subsection (2) for lodging an appeal has expired, on the
application of a member of the Police Force in respect of
whom the power to exercise disciplinary control has been
exercised under article 212 of the Constitution by the
disciplinary authority, the Commission or the
Commissioner, as the case may be, if satisfied that in all the
circumstances it would be just and proper to do so, may
grant to such a member of the Police Force desirous of
appealing against a decision of the disciplinary authority an
extension of time to lodge an appeal on any terms and
conditions the Commission or the Commissioner, as the case
may be, may think fit to impose.
(4) On any appeal under the foregoing provisions
of this section, or on the granting of an application under
subsection (3) and on the applicant complying with any terms
and conditions imposed by the Commission or the
Commissioner, as the case may be, the execution of the
decision under appeal shall be suspended until the appeal is
finally determined or is abandoned after the granting of the
application.
(5) The Commission or the Commissioner, as the
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Offences
against
discipline.
case may be, when considering an appeal may require the
parties concerned to submit for the consideration of the
Commission or the Commissioner, as the case may be, such
other information relating to the matter which is the subject
of the appeal as the Commission or the Commissioner may
think fit.
(6) On any such appeal the Commission or the
Commissioner, as the case may be, may—
(a) affirm or quash the decision under
appeal; or
(b) substitute a punishment in lieu of
any punishment imposed.
(7) A member of the Force who has been found
guilty of an offence against discipline shall, for the purpose
of prosecuting his appeal against the decision, be entitled
on application being made therefore to the Commissioner
and on payment of such fee as may be prescribed therefore to
be furnished with a copy of the proceedings of the inquiry .
PART III
DISCIPLINE
4. Any member of the Force (other than the
Commissioner) who—
(a) is insubordinate by word, act or
demeanour;
(b) conducts himself in an oppressive
or tyrannical manner towards an
inferior in rank;
(c) disobeys lawful orders given him by
his superior in rank, whether orally or
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in writing, or by authorised signals on
parade;
(d) conducts himself in a discreditable
manner, that is to say—
(i) uses obscene, abusive or
insulting language to any other
member of the Force;

(ii) wilfully or negligently makes
any false complaint or
statement against any member
of the Force, or against any
officer;
(iii) assaults any other member of
the Force;
(iv) improperly withholds any
report or allegation against any
member of the Force;
(v) forces a sentry;
(vi) acts in a disorderly manner; or
(vii) acts in any manner likely to
bring discredit on the
reputation of the Force;
(e) neglects his duty, that is to say—
(i) neglects or without good and
sufficient cause, omits to carry
out promptly and diligently
anything which is his duty as a
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member of the Force;
(ii) when on duty fails to
perform his duties with
diligence;
(iii) fails to work his beat in
accordance with orders, or
leaves his beat or patrol, point
or other place of duty to
which he has been ordered
without due permission or
sufficient cause;
permits a prisoner to escape;
(v) fails, when knowing where any
offender is to be found, to
report the same, or to make due
exertion for making him
amenable to justice;
(vi) fails to report any matter which
it is his duty to report;
(vii) fails to report anything which
he knows concerning a criminal
charge, or fails to disclose any
evidence which he can give for
or against any prisoner or
defendant on a criminal charge,
or the name of any person
whom he believes can give such
evidence;
(viii) omits to make any necessary
(iv) by carelessness or neglect,
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entry in any official document,
paper or book;
(ix) neglects, or without good and
sufficient cause, omits to carry
out any instruction given to
him in connection with his
health by any medical
practitioner in the public
service;
(x) fails to attend to any
reasonable request made to
him by any member of the
public;
(xi) is wanting in civility to any
member of the public; or
(xii) neglects to assist any person
injured or taken ill in any
public place;
(f) conducts himself in an improper
manner, that is to say—
(i) makes any anonymous
communication to the
Commissioner or to any
superior officer;
(ii) canvasses any member of the
National Assembly with
regard to any matter
concerning the Force;
(iii) signs or circulates any
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petition or statement with
regard to any matter
concerning the Force except
through the proper channel of
correspondence to the
Commissioner, or in accordance
with the constitution of the
Police Association; or
(iv) summons or attends any
unauthorised meeting to
discuss any matter concerning
the Force;
(g) knowingly makes or signs any false
statement in any official document or
book;
(h) without good and sufficient cause,
destroys or mutilates any official
document or record, or alters or erases
any entry therein;
(i) prevaricates before any court or at
any inquiry;
(j) commits any breach of confidence,
that is to say—
(i) divulges any matter which it is
his duty to keep secret;
(ii) 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
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such warrant or service of such
summons;
(iii) communicates to the publisher
or editor of any newspaper or
to any unauthorised person any
matter connected with the Force
without the permission of the
Commissioner; or
(iv) without proper authority shows
to any person outside the Force
any book, or written or printed
document, which is the property
of the Force;
(k) is guilty of any corrupt practice, that
is to say—
(i) receives any bribe;
(ii) fails to account for, or to
make a prompt and true
return of, any money or
property received by him in his
official capacity;
(iii) directly or indirectly solicits or
receives any gratuity, present,
subscription or testimonial
without the consent of the
Commissioner;
(iv) places himself under any
pecuniary obligation to any
person licensed to sell
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intoxicating liquor, or to any
person who holds a licence
concerning the granting or
renewal of which the Police
may have to report or to give
evidence; or
(v) 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 in the Force for
any person or supporting an
application for the grant of a
licence of any kind;
(l) is guilty of any unlawful or
unnecessary exercise of authority, that
is to say—
(i) without good and sufficient
cause makes any unlawful or
unnecessary arrest; or
(ii) uses any unnecessary violence
to any prisoner, or other
person with whom he may be
brought into contact in the
execution of his duty;
(m) malingers, or feigns any sickness or
injury, or reports sick without due
cause or knowingly conceals from
his superior in rank any contagious
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disease from which he is suffering or
neglects or fails to report the fact to
his superior in rank;
(n) is absent without leave, or without
reasonable cause is absent from, or is
late for, parade, Court, or any other
duty;
(o) while on or off duty in uniform in
a public place is improperly
dressed, or is dirty or untidy in
his person, uniform or
accoutrements;
(p) pawns, sells, loses by neglect, wilfully
or carelessly damages, or fails to
report any damage to any uniform,
arms, accoutrements, books,
documents, or other property of the
Force, served out to him, or used by
him, or entrusted to his care;
(q) while on or off duty is unfit for duty
as a result of being under the
influence of intoxicating liquor, or
drinks or solicits intoxicating liquor
while on duty, that is to say—
(i) without the consent of his
superior officer, drinks or
receives from any person any
intoxicating liquor while on
duty; or
(ii) demands or endeavours to
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persuade any person to give
him, or to purchase or obtain
for him any intoxicating liquor
while on duty;
(r) improperly enters licensed premises,
that is to say—
(i) enters, while on duty, any
premises licensed for the
manufacture, storage,
distribution or sale of
intoxicating liquor, when his
presence there in the execution
of his duty is not required; or
(ii) enters such premises dressed in
uniform when not on duty
when his presence there in the
execution of his duty is not
required;
(s) lends money to, or borrows money
from, any member of the Force, or
without the approval of the
Commissioner, accepts any present
from any inferior in rank;
(t) incurs debt without any reasonable
prospect or intention of paying the
same, or having incurred any debt,
makes no reasonable effort to pay the
same;
(u) gambles, or permits, or fails to report
gambling in any police station,
barracks, or other building or
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c. 16:01

Schedule
Investigation of
offences against
discipline.
premises used in connection with the
Force;
(v) removes his duty badge when on
duty or endeavours at any time to
conceal or disguise his number;
(w) smokes when on duty;
(x) knowingly is an accessory to an
offence against discipline or connives
at such offence;
(y) fails to comply with or disobeys any
regulation relating to the Force or
order issued by the Commissioner; or
(z) is guilty of any other act, conduct or
neglect, to the prejudice of good order
or discipline, including the breach of
any regulations made under this Act
or the Police Act, or of any standing
orders made by the Commissioner,
commits an offence against discipline, and is liable to such
punishment as may be imposed upon him, by the
Commission, the Commissioner or the disciplinary authority
in accordance with the provisions of the Schedule except that
no punishment provided in subparagraph (d), (e), (f) or (g) or
paragraph 1 of the Schedule shall be imposed on a special
constable who has not been called out for full-time service.
5. (1) Every alleged commission of an offence against
discipline under this Act shall be investigated as soon as
practicable by a member of the Force not below the rank of
sergeant and of higher rank than the member of the Force
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who is alleged to have committed the offence.
(2) The member of the Force investigating an
offence against discipline (hereinafter referred to as “the
investigating officer”) shall be a member of the Force of the
same station or branch who is directly responsible for the
supervision of the member of the Force who is alleged to
have committed the offence, unless the officer in charge of
the division, or the said station or branch, otherwise directs.
(3) The investigating officer shall, as soon as
practicable, inform the member of the Force alleged to have
committed an offence against discipline in writing in a
language he understands of the offence which he is alleged
to have committed, and the particulars of the facts
constituting the offence, and of his right to refuse to make any
written or oral statement to the investigating officer, unless he
otherwise desires.
(4) The investigating officer shall submit a report
with his recommendations to the member of the Force in
charge of the station or branch who shall decide whether any
charge shall be instituted.
(5) Particulars of all charges shall be
entered by the investigating officer in a register in such form
as may be prescribed by the Commissioner in standing
orders.
(6) The member of the Force in charge of the
station, or branch shall cause the particulars of the offence to
be entered on a charge sheet in such form as may be
prescribed by the Commissioner in standing orders; two or
more charges against one member of the force may be entered
on the same charge sheet but not more than one member shall
be named on the same charge sheet unless such member and
another member are together concerned in the commission
of the same offence.
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Procedure at
inquiry.
[O.80/1980]
(7) An officer in charge of a division may require
any other officer in his division to inquire into any charge.
(8) An Assistant Commissioner may require any
officer below the rank of Assistant Commissioner to inquire
into any charge.
(9) The Commissioner may require any officer to
inquire into any charge either alone or with one or more
officers, and may himself inquire into any charge.
(10) The officer conducting an inquiry (and
when more than one officer is required to inquire into a
charge, the senior officer) shall cause a copy of the charge
sheet to be served on the member of the Force charged with
having committed an offence against discipline (hereinafter
referred to as “the defaulter”) together with copies of any
documents which it is proposed to use as evidence at the
hearing.
(11) Except with the consent of the defaulter, no
inquiry shall commence earlier than forty-eight hours after
service of the charge sheet and copies of any documents
mentioned in subsection (10).
6. (1) The defaulter shall be permitted, if he so desires,
to select another member of the Force from within the
division, station or branch in which he is serving (hereinafter
referred to as a “friend of the defaulter”) to assist him in
presenting his defence except that—
(a) if the defaulter is of or above the rank
of sergeant, the friend of the defaulter
shall be of the same rank as himself;
(b) if the defaulter is below the rank of
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sergeant, the friend of the defaulter
shall be of or above the rank of the
defaulter but not above the rank of
sergeant.
(2) The officer conducting the inquiry shall have
power—
(a) to summon witnesses and examine
them on oath;
(b) to administer such oath;
(c) to call for the production of any book
or document,
and any person who fails to comply with any requirement
made under this subsection by the officer conducting the
inquiry is liable on summary conviction to a fine of two
thousand seven hundred and fifty dollars except that if any
witness objects to answer any question or to produce any
document on the ground that the answer or production
will tend to incriminate him or subject him to any penalty, he
shall not be required to answer the question or produce the
document.
(3) The person presenting the charge against the
defaulter at the inquiry (hereinafter referred to as the
“presenting officer”) and the defaulter may call witnesses on
their behalf.
(4) Any witness who shall wilfully give false
evidence at any inquiry into any charge for an offence against
discipline, is guilty of perjury under section 327 of the
Criminal Law (Offences) Act and is liable to be prosecuted
and punished accordingly.

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Schedule
(5) At every inquiry, the presenting officer shall be
a member of the Force not below the rank of sergeant and of a
higher rank than the defaulter and the investigating officer
may act as the presenting officer.
(6) The officer conducting the inquiry shall read
the charge to the defaulter who shall then make his plea,
(whether guilty or not guilty) which shall be recorded on
the charge sheet by the officer conducting the inquiry.
(7) After the defaulter has made his plea, the
presenting officer shall state the facts of the case briefly, and
the defaulter or the friend of the defaulter, as the case may be,
may make a statement in reply.
(8) If the defaulter wilfully refuses to plead or will
not answer directly, the officer conducting the inquiry shall
enter a plea of not guilty, and the plea so entered shall have
the same force and effect as if the defaulter had actually so
pleaded.
(9) Where the defaulter has pleaded guilty to the
charge, the officer conducting the inquiry if he is not the
disciplinary authority shall submit the record of the
proceedings to the Commission or the disciplinary authority,
as the case may be, for the purpose of imposing an
appropriate punishment in accordance with the provisions of
the Schedule.
(10) Where the defaulter pleads not guilty to the
charge, the evidence shall be taken down in writing by the
officer conducting the inquiry who shall record submissions
made on behalf of the defaulter, or by the presenting officer,
and particulars of adjournments and other relevant matters.
(11) At any inquiry the presenting officer, and the
defaulter or the friend of the defaulter, may examine and
cross-examine witnesses, make submissions on the
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Schedule
evidence to the officer conducting the inquiry, and in
such order as the officer conducting the inquiry may direct,
address him on the evidence which has been adduced.
(12) Where the defaulter pleads not guilty to the
charge, at the conclusion of the inquiry, the officer conducting
the inquiry shall, if he is not the disciplinary authority,
submit a copy of the record of the proceedings together
with his recommendations to the Commission or the
disciplinary authority, as the case may be, as to whether
the defaulter is guilty or not guilty of any offence charged.
(13) Where the officer conducting the inquiry
is not the disciplinary authority and has recommended
that the defaulter be found guilty or not guilty of any
offence charged, the Commission or the disciplinary
authority, as the case may be, may confirm the
recommendation and in any case where the
Commission or the disciplinary authority confirms a
recommendation of guilty of an offence charged, an
appropriate punishment in accordance with the provisions
of the Schedule shall be imposed by the Commission or the
disciplinary authority, as the case may be.
(14) At the conclusion of any inquiry, the officer
conducting the inquiry if he is the disciplinary authority shall
impose an appropriate punishment in accordance with the
provisions of the Schedule.
(15) Anything in this section or in section 5 to the
contrary notwithstanding, the Commission may, in any case
where it thinks fit, direct that a disciplinary offence alleged to
have been committed by a member of the Force of or above
the rank of Inspector shall be inquired into by such other
person or authority as may be determined by the
Commission and the procedure to be adopted at such an
inquiry shall, subject to subsection (16), be determined by that
person or authority.
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c.1:01
Absence
without leave.
[O.80/1980]
c.1:01

Interdiction
from duty
pending inquiry
into offence
against
discipline.
[O.80/1980]
c.1:01
(16) Nothing in section 5 or this section shall be
construed as affecting the power of the Commission to make
rules in pursuance of article 226 of the Constitution for
any of the matters for which provision is made by section 5
or this section and if any such provision is inconsistent with
any such rule, the rule shall prevail.
7. In addition to any punishment which may be
imposed for absence without leave, pay may be forfeited for
the period of absence—
(a) if the member of the Force is of or
above the rank of Inspector by the
Commission, or by the disciplinary
authority under article 212(2) of the
Constitution;
(b) if the member of the Force is below
the rank of Inspector by the
Commissioner, or by the disciplinary
authority under article 212(4) of the
Constitution,
and in the computation of such period of absence, any part
of a day shall count as a whole day.
8. Any member of the Force who has been charged
with an offence against discipline may, pending the
determination of the inquiry into the charge (including the
determination of any appeal) be interdicted from duty—
(a) if he is of or above the rank of
Inspector, by the Commission, or by
the disciplinary authority under
article 212(2) of the Constitution if the
power is delegated to the disciplinary
c.1:01
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Defaulter
sheets.
authority;
(b) if he is below the rank of
Inspector, by the Commissioner or
the Disciplinary Authority under
article 212(4) of the Constitution if the
power is delegated to the disciplinary
authority,
and paid at such rate of pay, being not less than half-
pay as the Commission, the Commissioner or the disciplinary
authority, as the case may be, deem fit except that if the
charge is dismissed or any appeal against a finding of guilt
is allowed the whole of the pay withheld under this section
shall be paid to the member of the Force.

9. (1) Particulars of all punishments, other than
extraordinary drills or fatigues or an admonition or a
reprimand, shall be entered on the defaulter sheet of the
member of the Force concerned.
(2) Any one or more entries on the defaulter sheet
of a member of the Force may—
(a) if that member of the Force is of or
above the rank of Inspector, be
expunged from his defaulter sheet at
the discretion of the Commission in
recognition of a subsequent act of
good service performed by him, or if
no disciplinary offence is committed
by him within three years after the
date of the last entry on his defaulter
sheet;
(b) if that member of the Force is
below the rank of Inspector, be
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Arrest of
members of the
Force.
expunged from his defaulter sheet at
the discretion of the Commissioner in
recognition of a subsequent act of
good service performed by him, or if
no disciplinary offence is committed
by him as mentioned in paragraph
(a).
10. (1) Any member of the Force may be placed under
arrest—
(a) if he is under the influence of
intoxicating liquor to such an extent as
to be incapable of performing his
duty;
(b) if he commits any insubordinate
act, or uses any insubordinate or
disrespectful language to a person in
authority over him;
(c) if he wilfully disobeys the lawful order
of his superior;

(d) if he strikes or attempts to strike any
member of the Force superior in rank
to himself.
(2) When any member of the Force is placed
under arrest an immediate report of the fact and of the
circumstances of his arrest shall be made by the person
effecting the arrest to the Commissioner.
(3) Arrest shall be of two kinds as follows—
(a) open arrest—when any member of
the Force is placed under open arrest,
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he shall be deprived of all privileges
and leave until the case is disposed of
and he shall attend all parades and do
duty as required;
(b) close arrest—in the case of a member
of the Force of or above the rank of
inspector, he shall be confined to
his quarters under guard, and in the
case of any other member of the Force
below the rank of inspector to some
suitable place in the police station
premises other than prisoners’ cell
under guard.
(4) When any member of the Force is placed under
close arrest, his identification card, whistle, baton, arms and
ammunition shall be given up by him forthwith in such
manner as the member of the Force or officer who places him
under arrest may direct.
(5) No member of the Force shall be placed under
arrest under this section by any member of the Force of
inferior rank to himself.
(6) Any member of the Force who, while under
arrest, is guilty of continued violence or misconduct shall in
serious cases be confined as an ordinary prisoner in the lock-
up of the station at which he may be at the time.
(7) Any member of the Force who, while under
arrest at any time, complains of illness, shall, if in the City of
Georgetown, be seen by the Government Medical Officer
assigned duties with the Force and if elsewhere by any other
Government Medical Officer, who shall be sent for forthwith.
(8) A member of the Force placed under close
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Damage or loss
of equipment.
arrest charged with an offence against discipline shall not,
unless the Commissioner otherwise directs, be detained under
close arrest for a period longer than twenty-four hours but
shall thereafter be released and placed on open arrest or on
duty pending his trial.
(9) Where it is not practicable for a direction to be
given by the Commissioner within twenty-four hours from
the time the member of the Force has been placed under
arrest, he shall be released and placed on duty pending his
trial, unless in the opinion of his officer in charge such a
course would be prejudicial to proper discipline, in which
case the Commissioner shall be notified to that effect and the
arrest shall be continued until the Commissioner has given
his direction except that such arrest shall not continue for a
period exceeding eight days.
(10) Where the period of arrest is longer than
twenty-four hours a daily report shall, if possible, be made to
the Commissioner.
(11) Subject to the provisions of this section, a
member of the Force who is placed under close arrest charged
with an offence against discipline may, in the discretion of his
officer in charge, be placed under open arrest.
11. (1) If any member of the Force disposes of
(whether by pawning, selling, destruction or otherwise),
negligently loses, or wilfully or negligently damages, any
arms, accoutrements, uniform, equipment, or other article
issued for the use of the Force, he may, in addition to any
punishment, be ordered to make good the whole or part of
the amount of such loss or damage by deductions from his
salary.
(2) If any member of the Force being a driver in
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Recovery of
fines from
members of the

Power to make
standing orders
and regulations.

charge of a vehicle belonging to the Force or the coxswain in
charge of a vessel belonging to the Force, is concerned in any
accident causing damage to that vehicle or vessel, or to any
article belonging to the Force, and it is found after due
inquiry that the accident was caused by the negligence or
carelessness of the driver or coxswain, as the case may be, he
may, in addition to any punishment, be ordered to make
good the whole or part of the amount of such damage by
deductions from his salary.
12. (1) All fines imposed upon any member of the
Force under this Act shall be deducted from his salary and
shall be paid by the Commissioner to the credit of a fine fund.
(2) The amount of deductions in respect of any
fine shall be determined by the authority imposing the fine
as a penalty but in no case shall it exceed one-third of the
monthly salary of the offender, and whenever more than one
deduction is in force against the same person, so much only
of his pay shall be deducted as shall leave him a residue of at
least one-third of his monthly salary.
(3) When more than one order for deduction is
made upon the same person, the order or orders later in date
shall not, if necessary, be enforced until the earlier order or
orders are discharged.
(4) All moneys which at the coming into force of
this Act are standing at the credit of the Police Fine Fund in
the Guyana National Co-operative Bank shall form part of
the Fine Fund mentioned in subsection (1).
13. The Commissioner, with the approval of the
Commission, may make—
(a) such standing orders, not inconsistent with
this Act, as he considers necessary for the
Force.
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ss. 4 and 6
maintenance of discipline in the Force;
(b) regulations for the better carrying out of the
provisions of this Act.
____________________
SCHEDULE
POWERS OF PUNISHMENT
1. The Police Service
Commission.
2. The disciplinary
authority for the
purposes of article
212(2) of the
Constitution.
Power to impose the following
punishments on any member of
the Force (other than the
Commissioner of Police) found
guilty of an offence against
discipline –
(a) admonition;
(b) a reprimand;
(c) a severe reprimand;
(d) the award of extra duties and fatigues not exceed- ing four hours in every twenty-four hours;
(e) a fine not exceeding at any
time ten days’ pay;
(f) confinement to barracks for
any period not exceeding
twenty-eight days with or
without drill:
(g) reduction in rank;
(h) dismissal from the Force.
Power to impose such of the impose such of the
punishments specified in
paragraph 1 of this Schedule as
may be delegated by the
Commission and subject to such
conditions as it thinks fit.

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3. The Commissioner
of Police in exercise of
his powers under
article 212(3) of the
Constitution.
4. The disciplinary
authority for the
purposes of article
212(4) of the
Constitution.
Power to impose the punishments
specified in paragraph 1 of
this Schedule.
Power to impose such of the
punishments specified in
paragraph 1 of this Schedule as
may be delegated by the
Commissioner and subject to such
conditions as he thinks fit.

_________________


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SUBSIDIARY LEGISLATION
_________________
[L.S.10
Sept. 1977]
c. 17:01
POLICE (DISCIPLINE) STANDING ORDERS
made under section 13
In exercise of the Powers conferred by the Police
(Discipline) Act the following Standing Orders are
made by the Commissioner of Police with the approval
of the Police Service Commission—
The following will be read with the Police (Discipline) Act.
DISCIPLINE-GENERAL
1. The first requisite of discipline is obedience to
superiors and the second is consideration for subordinates.
A member of the Force is expected to be a model citizen,
and therefore, he should by precept and example be well
behaved at all times. Any member who brings discredit to the
Force by any act of misconduct disgraces not only himself,
but his comrades, and the entire Force.
2. Trifling irregularities by members of the force will
be dealt with by immediate verbal warning or advice from
the senior rank concerned, rather than by reporting them for
disciplinary action to the officer in charge. Any verbal
warning or advice given should be noted otherwise than in
personal file. Irregularities which continue in spite of verbal
commands must under no circumstances be ignored,
otherwise the authority of the senior rank will be flouted and
discipline undermined. In such case, the rank concerned will
be reported for disciplinary action to be taken.

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3. In cases of a serious nature, the matter will be
reported immediately to the officer in charge of the division,
subdivision or branch.
APPEALS TO THE COMMISSIONER
4. (a) Any person holding or acting in any office
in the Police Force below the rank of
inspector may appeal against any decision
made against him by the disciplinary
authority (if the disciplinary authority is not
the Commissioner) to the Commissioner.
(b) The appeal (together with the grounds
thereof) shall be lodged with the
Commissioner within fourteen day after
the date on which the decision was duly
communicated to the defaulter. If the appeal
(together with the grounds thereof) is not
lodge with the Commissioner it may be
lodge within the time specified aforesaid
with the officer who conduct the inquiry.
The officer with whom the appeal is lodge
must make a note of the date and time
when the appeal was lodged.
(c) Where the appeal has been lodged—
(i) with the Commissioner, he shall
require the disciplinary authority
and the officer who conducted the
inquiry (if he is not the disciplinary
authority) to submit, to him a report
on every ground raised in the appeal.
(ii) with any other officer, he shall as
soon as practicable submit to the
Commissioner a report as aforesaid.
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(d) No punishment will be put into effect
when an appeal is pending.
(e) The decision of the Commissioner on
an appeal shall be communicated to
the appellant through the usual
channels.
5. Appeal to the Police Service Commission—
(a) If the disciplinary authority is the
Commissioner or an appeal was
dismissed in the first instances by the
Commissioner, the aggrieved member
of the Force may appeal to the Police
Service Commission against that
decision.
(b) The appeal (together with the
grounds thereof) shall be lodged by
the aggrieved member of the Force
with the Secretary of the Commission
within fourteen days after the date on
which the decision was duly
communicated to him.
(c) The aggrieved member of the Force
shall, as soon as practicable after he
has lodged his appeal with the
Secretary of the Commission, serve a
copy thereof on the Commissioner
who shall, as soon as practicable,
submit to the secretary of the
commission a report dealing with
every ground of the appeal.

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COPY OF PROCEEDINGS
6. Where an appeal is being prosecuted, four copies of
the proceedings of the inquiry must be submitted to Force
Headquarters.
7. A defaulter who wishes to appeal against a decision
of the disciplinary authority will be furnished with a copy of
the proceedings of the inquiry, on payment of a fee of 50 cents
for each page of the notes of evidence.
DEFAULTERS CHARGE SHEET (FORM A.30)
(a) Disciplinary offences will be recorded on Form A. 30
(Defaulters Charge Sheet, a copy of which is attached).
Charges should be framed as simply as possible, stating first
the statement of offence, which will include the relevant
section of the Police (Discipline) Act 1975 and the particulars
of the facts constituting the offence, for example—
STATEMENT OF OFFENCE
Acts in a disorderly manner, contrary to section 4 (d) (vi) of
the Police (Discipline) Act 1975.
PARTICULARS OF OFFENCE
In that you on Sunday, 22nd June, 1975 at Alberttown Police
Station acted in a disorderly manner.
In all particulars of offence, care must be taken to ensure that
the ingredients of the offence are clearly stated.
(b) Two or more offences against one member of the
force may be entered on the same charge sheet, but not more
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than one member shall be named on the charge sheet unless
such member and another are together concerned in the
commission of the same offence. Form A. 30 must be
prepared in quadruplicate.
(c) Two offences arising out of the same set of
circumstances must not be recorded on the one charge. For
example, if a member of the Force acts in a disorderly
manner, contrary to section 4 (d) (vi) it will be incorrect to
allege that he acted in a manner likely to bring discredit on
the reputation of the Force, contrary to section 4 (d) (vii).
RESPONSIBILITIES OF OFFICER
9. (a) When an Investigating Officer has
submitted the statements with the report
of the alleged commission of an offence
against discipline by any member of the
Force to his superior officer he will examine
them and decide whether any charge shall
be instituted. Officers must be satisfied that
the statements support the allegation of
the commission of an offence against
discipline and that the proper charge or
charges has or have been entered on the
Charge Sheet (Form A.30). The defaulter
will then be paraded before the officer by a
member of the Force not below the rank of
sergeant, and in any case, not inferior in
rank to the defaulter.
(b) A statement of the offence (together with
the particulars thereof) as well as copies of
any documents which it is proposed to use
as evidence at the inquiry must be served
on the defaulter by a member of the Force
not below the rank of sergeant but not
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inferior in rank to the defaulter. The
member of the Force who has served the
documents on the defaulter must certify on
the reverse side of the charge sheet that a
statement of the offence (together with the
particulars thereof) and copies of other
documents were served on the defaulter
giving the time and date of service and that
he was informed of his right to select a
defaulter’s friend and to call witnesses on
his behalf at the inquiry into the charge.
The certificate shall be signed by the
defaulter to acknowledge a statement of
the offence as well as copies of any
documents which it is proposed to use as
evidence at the inquiry must be served on
the defaulter by a member of the Force not
below the rank of sergeant but not inferior
in rank to the defaulter.
(c) The defaulter will indicate to the officer
conducting the inquiry the name and rank
of the defaulter’s friend, and the Officer will
make efforts to secure the services of the
defaulter’s friend on the dates of the
inquiry, provided that the defaulter’s
friend is from the same division, station or
branch in which the defaulter is serving .
The names and addresses of witnesses
indicated by the defaulter must be
submitted to the Officer conducting the
inquiry, and it will be the duty of the Officer
conducting the inquiry to make all
reasonable efforts to ensure the attendance
of the witness at the inquiry.

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(d) Except with the consent of the defaulter, no
inquiry shall commence earlier than forty-
eight hours after the service of the
statement of offence and copies of the
documentation mention in subparagraph (b)
of this paragraph. No plea shall be taken
when a statement of offence is served on the
defaulter. If the defaulter requests that the
offence be dealt with earlier, the relevant
endorsement must be made at the back of
the charge sheet, and the defaulter asked to
sign it as evidence of his request for an
earlier trial.
(e) Officers when dealing with offences against
discipline must ensure that the facts
disclosed by the evidence are relevant to the
charge, or charges. At all times the
procedures set out in the Police (Discipline)
Act 1975 must be complied with.
INQUIRIES INTO OFFENCES AGAINST DISCIPLINE
10. (a) In cases where an offence against discipline
is alleged to have been committed in the
presence of an officer or has been detected
by him, the statement of offence may be
served on the defaulter by the officer and he
may conduct the inquiry, unless the
defaulter objects to the inquiry being
conducted by him. The officer must inform
the defaulter of his right to object to the
inquiry being conducted by him.
(b) Defaulter when paraded before an officer in
relation to an offence against discipline must
be dressed in uniform (unless they are
members of the C.I.D or Special Branch) but
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Plea of Guilty.

Plea of Not
Guilty.
they must not wear their caps or handcuff,
or carry batons.
FINDINGS AND PUNISHMENT
11. (a) If a defaulter pleads guilty, the officer
conducting the inquiry must ask him if he
has anything to say regarding the incident,
and this must be recorded in the book
containing the officer’s notes of evidence. A
resume of the proceedings will be entered
on the reverse side of Form A.30 covering
the facts, in support of the charge, and the
defaulter’s explanation, with the officer’s
recommendation. This must be forwarded
to the disciplinary authority for
punishment to be awarded. If the
Officer conducting the inquiry is the
disciplinary authority, he will award an
appropriate punishment.
(b) If the defaulter pleads not guilty to a charge,
the Officer conducting the inquiry must
record all the evidence. It is not necessary
for the evidence to be read over to the
witnesses, nor will they be required to sign
at it conclusion. All submission made by or
on behalf of the defaulter, or by the
officer presenting the case against the
defaulter, must be recorded and reasons
must be given by the Officer conducting the
inquiry for upholding or over-ruling them.

(c) If it is necessary to adjourn an inquiry, the
Officer conducting the inquiry must make a
note to that effect on the record. All
adjournments of whatever duration must be
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Statement of
Defaulter.

Conclusion of
Inquiry.

Evidence.
Register of
Charges.
noted, for example “adjournment at 10.10
a.m. on (date) to a date to be fixed”. This
must be done below the last line of the
evidence recorded in the book containing
the notes of evidence and signed by the
Officer conducting the inquiry.
(d) When the Officer conducting the inquiry
has heard all the evidence in support of the
charge he must, if he is satisfied that there
is a case to answer, inform the defaulter of
his right to give sworn evidence, in which
case he may be asked questions by the
officer conducting the inquiry or by the
officer presenting the case against the
defaulter, or he could give unsworn
testimony in which case no one can ask him
any question, or he could remain silent.
(e) At the conclusion of any inquiry, the officer
conducting the inquiry must prepare a
summary of the evidence and give his
reasons for his findings. This will be typed
on the reversed side of the charge sheet
with additional sheets attached if necessary.
12. Officers conducting inquiries should be guided by
the rules of evidence as they are set out in the Evidence Act,
Cap 5:03.
13. A register must be maintained at each station or
branch in which a record shall be kept of the particulars of all
charges against members of the Force for alleged commission
of offences against discipline in the following manner:

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Serial No. Rank Offence Date on which Date Date Remarks
No. and defaulter Inquiry Inquiry
Name of charged with Commenced Conclu-
Defaulter an offence ed
against
discipline
Officers in charge of Divisions and Branches must personally
check the Register of charges on their visits and inspections
and ensure that it is correctly written up. A monthly return in
respect of entries in the register must be forwarded to the
Assistant Commissioner (Administration) not later than the
5th day of each month. In any case, a note must be made of all
outstanding disciplinary matters from the previous month,
and reasons given for the delay in completing any inquiry.
RECORD OF PROCEEDINGS
14. Officers shall keep a book in which the
proceedings of all disciplinary inquiries which have engaged
their attention shall be recorded. The book must carry a
margin of one and one half inches on the left hand side of
each page. Pages must be numbered consecutively.
CHARGES DEALT WITH BY DISCIPLINARY
AUTHORITY OTHER THAN THE COMMISSIONER
15. (a) In all cases where disciplinary
matters have been forwarded to
officers exercising delegated
powers, that officer will record his
findings on the charge sheet, and
return it to the supervisory officer of
the defaulter or the officer who
inquired into the charge. The officer
receiving the charge sheet will
inform the defaulter accordingly,
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and the fact that he has been so
informed, together with the date on
which he was informed must be
entered on the charge sheet and
signed by the officer.
(b) The officer in charge of a division or
branch must report on the disposal of
all disciplinary charges by submitting
a copy of the charge sheet with a
summary of the evidence and his
findings to the assistant
Commissioner (Administration) and
keep on file one copy of the charge
sheet in the personal file of the
defaulter.
IMPOSITION OF PENALTY BY COMMISSIONER
16. In every such case where dismissal from the
force may be warranted the charge sheet (together with
particulars of the charge) must be referred with any
comments thereon for the approval of the officer in charge of
the division or branch in which the defaulter is stationed
before the particulars of the charge serve on him. At the
conclusion of the inquiry, the officer conducting the inquiry
must forward the complete form A. 30 to the officer in charge
of the division or branch who will review the record of the
proceedings and forward them with his recommendations to
the Assistant Commissioner (Administration) for the
directions of the Commissioner.
DISMISSAL
17. When a inquiry is held in respect of an offence
against discipline alleged to have been committed by a
defaulter who—
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(a) has been served previously with a
warning notice, or
(b) because of the seriousness of the
charge, or the records of dismissal
from the Force being warranted in the
event of his being found guilty of an
offence against discipline for which
he is charged, the officer conducting
the inquiry must warn the defaulter
accordingly and a note to that effect
made on the charge sheet which shall
be signed by the defaulter and a copy
thereof given to him.
GUYANA POLICE FORCE
FORM A. 30
POLICE (DISCIPLINE) ACT, CAP. 17:01
DISCIPLINARY CHARGE SHEET
Number Rank Name
Offence
Plea Finding Punishment

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Date Charged
Copy of Charge handed to Defaulter at a.m.
p.m. 20

By:
Date Disciplinary Inquiry Commenced:-
Adjourned:-
Date Punishment Awarded:-
Signature of Disciplinary Authority:-
Date Disciplinary Authority’s Decision communicated to Defaulter:-
Signature of Officer:-
Date Commissioner’s Decision on Appeal Communicated to Defaulter:-
Signature of Officer:-
Date Police Service Commission’s decision on appeal communicated to
Defaulter:-
Signature of Officer:-
_____________________
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