Chapter 17:02 - Police Complaints Authority

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/519-chapter-1702-police-complaints-authority/file

L.R.O. 1/2012
LAWS OF GUYANA
POLICE COMPLAINTS AUTHORITY ACT
CHAPTER 17:02
Act
9 of 1989
1 – 23 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 17:02
POLICE COMPLAINTS AUTHORITY ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELINIMARY
1. Short title.
2. Interpretation.
3. Establishment of Police Complaints Authority.
4. Ad hoc appointment as Authority.
5. Oath of office.
6. Officers and employees of Authority.
PART II
INQUIRY INTO COMPLAINTS OF MISCONDUCT BY MEMBERS OF
THE FORCE
7. Provisions of this Part in addition to and not in derogation of
Police (Discipline) Act; powers of appropriate disciplinary
authority preserved.
8. Complaint to Authority.
9. Procedure on receipt of complaint.
10. Direction to record complaint, etc.
11. Contravention of Act, etc., to be deemed to be misconduct or
misbehaviour.
PART III
SUPERVISION OF INVESTIGATION
12. Application of Part.
13. Authority to be notified of complaint or information.
14. Supervision of investigation by Authority.
15. Statement by Authority.
16. Confidentiality of information.

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SECTION
PART IV
MISCELLANEOUS
17. Panel to assist Authority.
18. Authority to be independent.
19. Power for local inspection.
20. Duty of member of Force to assist Authority.
21. Manner of service of notice by Authority.
22. Amendment of Schedule.
23. Annual report by Authority.
24. Penalties for contravention of section 16.
25. Power to make regulations.

SCHEDULE
__________________________
CHAPTER 17:02
POLICE COMPLAINTS AUTHORITY ACT

9 of 1989
An Act to make provision for the establishment of a
Police Complaints Authority and in respect of the
functions and procedure of the Authority and other
matters connected therewith.
[29th December, 1989]
PART I
PRELIMINARY
Short title.
Interpretation.
1. This Act may be cited as the Police Complaints
Authority Act.
2. In this Act—
“appropriate disciplinary authority” means —
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c. 17:01

Establishment
of Police
Complaints
(a) in relation to any member of the Force of or
above the rank of Inspector, but not being
the Commissioner, the Police Service
Commission; and
(b) in relation to any member of the Force, other
than those mentioned in subparagraph (i),
the disciplinary authority;
“Authority” means the person appointed as the Police
Complaints Authority established by section 3 and
includes any person appointed as an ad hoc Police
Complaints Authority under section 4;
“Commissioner” means the Commissioner of Police;
“disciplinary authority” has the same meaning as in the
Police (Discipline) Act; “member of the Force”—
(a) except in Part II and the Schedule, has the
same meaning as in the Police Act;
(b) in Part II and the Schedule, does not include
the Commissioner, but in other respects has
the same meaning as in the Police Act;
“misconduct” means any of the acts or omissions specified in
the Schedule, each of such acts or omissions being an
offence against discipline under the Police (Discipline)
Act;
“prescribed” means prescribed by the Minister by
regulations;
“the Force” has the same meaning as in the Police Act.
3. (1) There is hereby established an authority to be
known as the Police Complaints Authority which shall consist
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Authority.

Ad hoc
appointment
as Authority.
of one person to be appointed by the President from among
persons who have been, who are, or who are qualified to be, a
Puisne Judge of the High Court.
(2) The terms and conditions of appointment of the
person appointed as the Authority shall be such as may be
determined by the President.
(3) The headquarters of the Authority shall be in
such place as may be determined by the President.
(4) The appointment of any person as the
Authority shall be published in the Gazette.
4. (1) Where the President is satisfied that the person
who is holding office as the Authority is personally interested
in—
(a) any matter in relation to any
complaint made to the Authority
under section 8; or
(b) any matter in relation to any
complaint or information of the
nature referred to in section 12,
including the investigation into any
such complaint or information,
the President may appoint any person who is qualified to be
appointed as the Authority as an ad hoc Police Complaints
Authority to perform the functions of the Authority under
this Act in respect of the complaint referred to in paragraph
(a) or investigation into the complaint or information referred
to in paragraph (b), as the case may be, on such terms and
conditions of appointment as may be determined by the
President.
(2) The appointment of any person as an ad hoc Police
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Oath of office.
Officers and
employees of
Authority.
Provisions of
this Part in
Complaints Authority and the matter or matters in respect of
which the appointment has been made shall be published in
the Gazette.
(3) One person may be appointed as ad hoc Police
Complaints Authority in respect of more than one complaint or investigation referred to in subsection (l).
(4) Any person appointed as an ad hoc Police
Complaints Authority under subsection (1) shall have all the
functions of the Authority under this Act in respect of the
complaint or investigation in relation to which he has been
appointed.
(5) Where an ad hoc Police Complaints Authority has
been appointed under subsection (1) in respect of any
complaint under section 8 or investigation into any complaint
or information of the nature referred to in section 12, the
Police Complaints Authority shall not exercise any function in
respect of that complaint or investigation.
5. It shall be the duty of a person appointed as the
Authority to make and subscribe, before entering upon the
duties of his office, an oath or affirmation that he will
faithfully, impartially and to the best of his ability discharge
the trust, and perform the duties devolving upon him by
virtue of the appointment, such oath or affirmation being
taken before the President.
6. The Minister shall provide the Authority with a
Secretary and such other officers and employees as are
required for the proper performance of his functions.
PART II
INQUIRY INTO COMPLAINTS OF MISCONDUCT BY
MEMBERS OF THE FORCE
7. (1) The provisions of this Part shall be in addition
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addition to and
not in
derogation of
Police
(Discipline)
Act; powers of
appropriate
disciplinary
authority
preserved.
c. 17:01.

Complaint
to Authority.

Procedure
on receipt
of complaint.
to, and not in derogation of, the provisions of the Police
(Discipline) Act.
(2) The provisions of this Part shall be subject
to the powers conferred upon the appropriate disciplinary
authority by the Constitution.
8. (1) Any person who has reasonable grounds to
believe that a member of the Force is guilty of any misconduct
may make a complaint to the Authority stating—
(a) the particulars of the complaint;
(b) the particulars, as far as they are
known, of the person against whom
the complaint is made;
(c) the nature of the evidence that the
complainant proposes to produce in
respect of the complaint; and
(d) such other matters as may be
prescribed.
(2) A complaint to the Authority under this section
may be presented in person, or may be sent by registered
post, to the Secretary of the Authority.
9. (1) Where any complaint has been made to the
Authority under section 8, the Authority, after considering
the complaint and, where found necessary, examining the
complainant,—
(a) may reject the complaint if the
Authority is of the opinion—
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(i) that the complaint is frivolous
or that it does not pertain to a
matter the Authority is
empowered to deal with under
this Act; or
(ii) that there has been undue
delay in making the complaint
after the complainant has come
to know of the commission of
the misconduct complained of:
Provided that no complaint shall be rejected by the
Authority without giving the person who made the complaint
a reasonable opportunity of being heard;
(b) where the Authority does not
reject a complaint under paragraph
(a), he shall refer it to the
Commissioner for investigation and
inquiry, under the Police (Discipline)
Act.
(2) Where a complaint is referred to the
Commissioner under subsection (1) by the Authority, the
Commissioner shall cause the complaint to be investigated
expeditiously under section 5 of the Police (Discipline) Act
and a copy of the report of the investigating officer referred to
in section 5(4) of that Act shall be forwarded by the
Commissioner, as soon as possible after the report is
submitted, to the Authority for his comments.
(3) The comments of the Authority on the report
of the investigating officer, referred to in subsection (2), shall
be taken into account before a decision is taken under section
5(4) of the Police (Discipline) Act as to whether any charge of
any misconduct should be instituted against a member of the
Force.

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Direction
to record
complaint,
etc.
(4) Where a complaint has been referred to the
Commissioner under subsection (1) by the Authority and an
inquiry conducted against a member of the Force, in respect
of the misconduct alleged in the complaint, under sections 5
and 6 of the Police (Discipline) Act, a copy of the report
containing the findings of the officer conducting the inquiry
shall be forwarded to the Authority for his comments before
any punishment is imposed on a member of the Force
pursuant to the findings and the disciplinary authority or the
Police Service Commission shall take into account the
comments of the Authority while imposing any punishment
on a member of the Force:
Provided that the concerned member of the Force shall be
provided with a copy of the comments of the Authority
referred to above and given an opportunity to make
representation against such comments, before any
punishment is imposed on him.
(5) Without prejudice to the provisions of
subsections (2), (3) and (4), where the Authority has referred a
complaint to the Commissioner under subsection (1), the
Authority may, before the completion of the investigation or
inquiry, resulting from the complaint, under the Police
(Discipline) Act, request the commissioner to furnish interim
reports containing information relating to particular aspects
of the investigation or of the inquiry and The Commissioner
shall comply with the request as expeditiously as possible.
10. (1) Without prejudice to the preceding provisions
of this Act, where a complaint under section 8 relates to the
refusal or failure by any member of the Force in charge of a
police station or branch to record any complaint or
information as to the commission of any offence against any
law and the Authority after considering the complaint and
examining the complaint is prima facie satisfied that the said
complaint or information ought to have been recorded and
investigated, the Authority may direct the member of the
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Contravention
of Act, etc. to
be deemed to
be misconduct
or
misbehaviour.
Force in charge of the relevant police station or branch to
record the complaint or information and to investigate the
same.
(2) A copy of every direction under subsection (1)
shall be forwarded to the Commissioner.
(3) On receipt of a direction under subsection (1),
the member of the Force in charge of the police station or
branch shall record the complaint or information and
investigate the same as expeditiously as possible.
(4) The Commissioner shall forward to the
Authority a report stating the result of every investigation
under subsection (3), and any action taken on the basis of the
investigation, as soon as possible after the investigation is
completed.
11. (1) A contravention of any provision of this Act by
any member of the Force, other than the Commissioner, or
refusal or failure without lawful excuse by any such member
to comply with any direction or request made to him by the
Authority under this Act, shall notwithstanding anything
contained in this Act, or the Police (Discipline) Act, be
deemed to be a misconduct for the purposes of this Act and
an offence against discipline for the purposes of the Police
(Discipline) Act.
(2) For any misconduct and offence against
discipline referred to in subsection (1), the appropriate
disciplinary authority may impose on any member of the
Force (not being the Commissioner) any of the punishments
specified in paragraph 1 of the Schedule to the Police
(Discipline) Act.
(3) A contravention of any provision of this
Act by the Commissioner, or refusal or failure, by the
Commissioner, without lawful excuse to comply with any
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Application
of Part.

c. 8:01

Authority to
be notified of
complaint or
information.

Supervision
of investigation
by Authority.
direction or request made to him under this Act by the
Authority, shall be deemed to be misbehaviour by the
Commissioner for the purposes of article 225 of the
Constitution.
PART III
SUPERVISION OF INVESTIGATION
12. (1) This Part shall apply in relation to any
complaint or information that any member of the Force has
unlawfully caused the death of any person or has committed
any offence referred to in section 48, 49, or 50, section 55 read
with section 56, or section 57 of the Criminal Law (Offences)
Act or such other offence as may be specified by the Minister
by order.
(2) This Part shall apply in relation to a complaint
or information of the nature referred to in subsection (1),
notwithstanding that any person against whom, jointly with a
member of the Force, the complaint is made or information is
received, is not a member of the Force.
13. A member of the Force, to or by whom, while
acting in that capacity, any complaint or information, of the
nature referred to in section 12, is made or received, shall
forthwith inform the Authority of the particulars of the
complaint or information, including the name and other
particulars of the member of the Force against whom the
complaint or information has been made or received.
14. (1) The Authority shall supervise the investigation
of every complaint or information of the nature referred to in
section 12.
(2) In the exercise of his functions under
subsection (1), the Authority may request the
Commissioner to replace the officer investigating a complaint or information of the nature referred to in section
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12 (hereinafter referred to as the investigating officer) by
another member of the Force of the same rank or higher rank
and where the Authority makes any such request, the
Commissioner shall replace the investigating officer by
another member of the Force of the same rank or higher
rank after consultation with the Authority.
(3) A copy of every statement, including any
confession statement, recorded or any other document
prepared, seized or produced, in the course of the
investigation of any complaint or information of the nature
referred to in section 12, shall be forwarded to the
Authority as soon as it is recorded, prepared, seized or
produced; and the Authority shall be entitled to inspect any
object recovered in the course of the investigation and place
any identifying mark on it.
(4) Without prejudice to the generality of the
provisions of subsection (1), the Authority may request the
investigating officer—
(a) to furnish to the Authority
information or evidence in the
possession of that officer, in regard to
any matter relevant to the
investigation into any complaint or
information of the nature referred to
in section 12; or
(b) to consult him in respect of any
aspect of the investigation into any
complaint or information referred to
in paragraph (a), and the
investigating officer shall comply
with the request.
(5) The investigating officer shall, as soon as
possible after the completion of the investigation of any
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Statement
by Authority.

Confidentiality
of information.
complaint or information referred to in subsection (1), submit
to the Authority a report giving a summary of the steps and
proceedings taken in the course of the investigation and his
conclusions.
15. (1) After considering the report of the
investigating officer referred to in section 14(5), the evidence
disclosed in the course of the investigation referred to
therein and other relevant matters relating to the investigation, the Authority shall submit to the Director of
Public Prosecutions a statement containing the following
particulars—
(a) whether the investigation was or was
not conducted to the Authority’s
satisfaction;
(b) specifying any particular aspect in
relation to which it was not conducted
to the satisfaction of the Authority;
and
(c) any other particulars that may be
prescribed.
(2) A copy of the statement referred to in
subsection (1) shall be forwarded by the Authority to each of
the following, namely, the Minister and the Commissioner.
(3) In deciding whether or not any person should
be prosecuted for any offence pursuant to any complaint or
information of the nature referred to in section 12, due regard
shall be had to the statement referred to in sub-section (1).
16. Any information received by the Authority, or by
any officer or employee provided to the Authority under
section 6, in the course of the performance of his functions
under this Part, (including any information contained in any
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Panel to assist
Authority.

Authority
to be
independent.

document received by him by virtue of the provisions of this
Part) shall not be divulged by the Authority, or any such
officer or employee, to any person except to the extent
necessary to discharge his functions under this Act or any
other written law or for the purpose of prosecution for an
offence or other proceedings under this Act or any other
written law.
PART IV
MISCELLANEOUS
17. (1) In the discharge of his functions the
authority shall be assisted by a panel of two persons to be
appointed by the President from among persons who in his
opinion, have adequate qualifications or experience in regard
to matters relevant to the functions conferred on the
Authority.
(2) The appointment of any person to the
panel under subsection (l) shall be published in the Gazette.
(3) Section 5 shall apply to a member of the panel
in the same manner as it applies to a person appointed as the
Authority.
(4) The terms and conditions of appointment of a
member of the panel shall be such as may be determined by
the President.
(5) The Authority shall consider the views
expressed by the members of the panel in relation to any
matter arising for decision, while discharging his functions
under this Act.
18. In the exercise of his functions under this Act the
Authority shall not be subject to the direction or control of
any other person or authority.

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Power for local
inspection.

Duty of
member of
Force to assist
Authority.

Manner of
service of
notice by
Authority.
Amendment
of Schedule.
c. 17:01

Annual report
by Authority.
19. The Authority may, either by himself or
accompanied by such persons as the Authority deems proper,
inspect any place, building or other premises where any act
relating to any misconduct or relating to any offence which is
the subject of any complaint or information of the nature
referred to in section 12, is alleged to have been committed.
20. It shall be the duty of every member of the Force
to render to the Authority and the officers and employees
provided to the Authority under section 6 such assistance as
the Authority may request for the purpose of discharging the
functions of the Authority.
21. Any notice to be served by the Authority shall be
served in such manner as may be prescribed.
22. (1) The Minister may, by order, amend the
Schedule.
(2) Every order under subsection (1) shall be
subject to negative resolution of the National Assembly.
(3) Notwithstanding anything contained in this
Act or the Police (Discipline) Act, every act or omission
mentioned in the Schedule shall be deemed to be a
misconduct for the purposes of this Act and an offence
against discipline for the purposes of the Police
(Discipline) Act.
23. (1) The Authority shall, before the expiry of three
months after the end of each calendar year, submit to the
Minister a report containing an account of the activities of the
Authority throughout the preceding calendar year and the
difficulties, if any, experienced by the Authority in the
exercise of his functions.
(2) A copy of the report referred to in subsection
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Penalties for
contravention
of section 16.
[6 of 1997]
Power to make
regulations.
(1) shall be forwarded by the Authority to each of the
following, namely, the Director of Public Prosecutions and the
Commissioner.
(3) The Minister shall lay before the National
Assembly a copy of the report with any explanation that he,
the Director of Public Prosecutions or the Commissioner may
like to offer in regard to any matter stated in the report.
24. Any person who contravenes section 16 shall be
liable on summary conviction to a fine of fifteen thousand
dollars and to imprisonment for six months.
25. (1) The Minister may make regulations for
carrying out the purposes of this Act.
(2) Without prejudice to the generality of the
provisions of subsection (1), the Minister may in particular
make regulations to provide for all or any of the following
matters—
(a) the matters that a complaint to the
Authority under section 8(1) shall
contain;
(b) the procedure of the Authority;
(c) the particulars that a statement under
section 15 shall contain;
(d) the form of any notice to be given or
served by the Authority and the
manner of giving or serving any
such notice;
(e) any other matter that is required to
be or may be prescribed by or under
this Act.
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SCHEDULE
ACTS OR OMISSIONS BY ANY MEMBER OF THE
FORCE CONSTITUTING MISCONDUCT
1. Neglect of his duty, that is to say—
(i) neglect, or without good and
sufficient cause omission, to
carry out promptly and
diligently anything which is his
duty as a member of the Force;
(ii) when on duty failing to
perform his duty with
diligence;
(iii) failing to work his best in
accordance with orders, or
leaving his beat or patrol, point
or other place of duty to which
he has been ordered without
due permission or sufficient
cause;
(iv) by carelessness or negligence,
permitting a prisoner to escape;
(v) failing, when knowing where
an offender is to be found, to
report the same, or to make due
exertion for making him
amenable to justice;
(vi) failing to report any matter
which it is his duty to report;
(vii) failing to report anything
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which he knows concerning
a criminal charge, or failing
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) omitting to make any necessary
entry in any official document,
paper or book maintained for,
or in connection with, the
recording of, or investigation
into, any complaint or
information;
(ix) failing to attend to any
reasonable request made to him
by any member of the public;
(x) wanting in civility to any
member of the public; or
(xi) neglecting to assist any person
injured or taken ill in any public place.
2. Knowingly making or signing any false statement
in any official document or book, maintained for, or in
connection with, the recording of, or investigation into, any
complaint or information.
3. Without good and sufficient cause, destroying or
mutilating any official document or record relevant in
connection with the recording of, or investigation into, any
complaint or investigation, or altering or erasing any entry
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therein.
4. Prevaricating before any court or at any inquiry.
5. Committing any breach of confidence, that is to
say—
(i) divulging any matter, relevant
in connection with the
recording of, or investigation
into the commission of any
offence or the trial of the
offender, which it is his duty to
keep secret; or
(ii) giving notice, directly or
indirectly to any person
against whom any warrant or
summons has been or is about
to be issued, except in the
lawful execution of such
warrant or service of such
summons.
6. Committing any corrupt practice, that is to say—
(i) receiving any bribe;
(ii) failing 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 soliciting
or receiving any gratuity,
present or subscription
without the consent of the
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Commissioner; or
(iv) placing himself under any
pecuniary obligation to any
person licensed to sell
intoxicating liquor, or to any
person who holds a
licence, concerning the granting
or renewal of which the police
may have to report or give
evidence.
7. Being guilty of any unlawful or unnecessary
exercise of authority that is to say—
(i) without good and sufficient
cause, making any unlawful or
unnecessary arrest; or
(ii) using any unnecessary violence
to any prisoner, or other person
with whom he may be brought
into contact in the execution of
his duty.
8. While on or off duty being unfit for duty as a result
of being under the influence of intoxicating liquor, or
drinking or soliciting intoxicating liquor while on duty, that is
to say—
(i) without the consent of his
superior officer, drinking or
receiving from any person any
intoxicating liquor while on
duty; or
(ii) demanding from, or
endeavouring to persuade, any
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person to give him, or to
purchase or obtain for him, any
intoxicating liquor while on
duty.
9. Improperly entering licensed premises, that is to
say—
(i) entering, 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) entering such premises dressed
in uniform when not on duty
when his presence there in the
execution of his duty is not
required.
10. Incurring debt without any reasonable prospect or
intention of paying the same, or having incurred any debt,
making no reasonable effort to pay the same.
11. Gambling, or permitting or failing to report
gambling, in any police station, barracks, or other building or
premises used in connection with the Force.
12. Removing his duty badge when on duty or
endeavouring at any time to conceal or disguise his number.
13. Smoking when on duty.
14. Contravention of any provision of this Act, or
refusal or failure to comply with any direction or request
made under this Act by the Authority.
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15. Knowingly being an accessory to any act or
omission referred to above.
___________________
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