POLICE PUBLIC C OMPLAINTS

THE POLICE PUBLIC COMPLAINTS ACT

ARRANGEMENT OF SECTIONS

1. Short title.
Preliminary

2. Interpretation.

The Authority

3. Establishment of the Authority.

4. Functions of the Authority.

5. Independence of Authority.

6. Supervision of investigation.

7. Appraisal by the Authority of reports of investigation.

8. Direct investigation by the Authority.

9. Powers, authorities and privileges in relation to sections 6 and 8.

The Complaints Division of the Force

10. Complaints Division of the Force.

The Commissioner of Police

1 1. Prerogative of the Commissioner and relations with the Authority.

12. Rules by the Commissioner.

13. Performance by designated police oficer of Commissioner’s powers
and duties under this Act.

->
) ‘ .-, Handling of Complaints

14. Where complaints may be made.

15. Duty of officer in charge of a police division to preserve evidence.

16. Informal resolution of complaints.

17. Formal handling of complaints.

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2 POLICE PUBLIC COMPLAINTS

18. Powers and duties of Commissioner in relation to final investigation
report.

Review b-y Authority

19. Application for review.

General

20. Performance of functions of the Authority by its members and
members of staff.

2 1 . Privileges.

2 2 . Secrecy.

23 . Offences.

24. Power to continue investigation despite legal proceedings.

25 . Regulations.

SCHEDULES

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POLICE PUBLIC COMPLAINTS 3

THE POLICE PUBLIC COMPLAINTS ACT Acts
4 of 1992.
40 of 2002.

[ 1st December, 1992. J

Preliminary

1. This Act may be cited as the Police Public Complaints Act. Shon iii~e.

2. In this Act-

“the Authority” means the Police Public Complaints

“the Commissioner” means the Commissioner of Police;
Authority established under section 3 ;

“complaint” means any complaint about the conduct of a
constable which is submitted-

(a) by a member of the public whether or not that
member is affected by the subject of the
complaint; or

(b) on behalf of a member of the public who is
affected as aforesaid and with his written
consent,

and shall be deemed to include any matter referred to in
section 6 (1) (c);

“constable” means-
(a) any member (of whatever rank) of the Jamaica

Constabulary Force;

(b) any member (of whatever rank) of the Island
Special Constabulary Force and any person
appointed as a Parish Special Constable pursuant
to the Constables (Special) Act; and

Intcrpreta-
tion.

( c ) any member of the Rural Police;

“Constitution” means the Constitution of Jamaica,

“disciplinary proceedings” includes proceedings instituted by

“Executive Chairman” means the Executive Chairman of the

“the Force” means the Jamaica Constabulary Force;

“fbnctions” includes powers and duties.

the Police Service Ccmmission;

Authority ;

lhe Aulhorih

3 . 4 1) There is hereby established an Authority to be known
as the Police Public Complaints Authority which shall be a body
corporate to which section 28 of the Interpretation Act shall

(2) The provisions o f t h e First Schedule shall have et’t’ect

F.stahlishnir.nt
01.1 hr.
.\uthorit?

apply.
First
Schsdulr.

in relation to the Authority.

F U I I C ~ I O ~ 01’ 4.-( 1) Subject to the provisions of this Act, the functions of

(a) monitor the investigation by the Force of any
complaint or other matter to which this Act applies
with a view to ensuring that such investigation is
conducted impartial 1 y ;

(h) supervise the investigation of complaints by the Force;

the Authority shall be to- the .-\uthority

(c) undertake direct investigation of complaints in such
circumstances as may be prescribed by or pursuant to
this Act; and

(d) evaluate and report to the Minister from time to time
on the system of handling complaints.

POLICE PUBLIC COMPLAINTS 5

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

(a) to be advised of any complaint made against a coo-
stable;

(h) upon the authority of a warrant issued in that be-
half by a Justice of the Peace-

( i )

(ii)

(iii)

to have access to all records, documents or
other information relevant to any complaint
or other matter being investigated pursuant
to this Act;

to have access to any premises or other loca-
tion where the Authority has reason to
believe that there may be found any such
records, documents or other intormation as
are referred to in sub-paragraph (i) or any
property which is relevant to ap investiga-
tion pursuant to this Act;

to enter any premises occupied by any
person in order to make such enquiries or to
inspect such documents, records. informa-
tion or property as the Authority considers
relevant to any matter being investigated
pursuant to this Act;

(c) to retain any records, documents or other property
referred to in paragraph (b).

(3) For the purposes of subsection (2). the Authority
shall have power to require any person to furnish in such
manner and at such times as may be specified by the
Authority, information which in the opinion of the Authority
is relevant to any matter being investigated pursuant to this
Act.
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6 POLICE PUBLIC COMPLAINTS

Independ- 5 - 4 1 ) Subject to the provisions of the Constitution
Authority. relating to the powers of the Director of Public Prosecutions

and the Police Service Commission, in the exercise of the
powers conferred upon it by this Act, the Autliority shall
not be subject to the direction or control of any other
person.

ence of

(2) Nothing in subsection (1) shall be construed as
preventing the assignment to a Minister of responsibility
for such aspects of the administration of this Act as lire
necessary or desirable to facilitate the operations of the
Authority.

Supervision 6.-( 1) The Authority shall supervise the inveqrigation- of investi-
gation.

(a) of any complaint alleging that the conduct of a
constable resulted in the death or serious injury
to some other person; and

(b) of any other description of complaint specified for
the purpose of this section in regulations; and

(c) of any other matter which, whether or not the sub-
ject of a complaint, is in the opinion of the Author-
ity of such a nature that it should be so super-
vised because of-

(i) its gravity; or

(ii) its exceptional circumstanczs.

(2) Where the Authority undertakes the supervision
of any investigation under this section it shall give notice
thereof to the Commissioner.

(3) In the exercise of its functions under [his section,
the Authority shall have power to give directions to a con-
stable as to a particular investigation and it sh2ll be the
duty of that constable to comply with any such directions.

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POLICE PUBLIC COMPLAINTS 7

7.-(1) After considering a report submitted to it under Appraisal
section 17 (4) (formal handling of complaints! the Authority Authority
shall submit an appraisal statement to the Commissioner i:!::;:-

by the

and the Director of Public Prosecutions. gation.

(2) In this section “appraisal statement” means a state-
ment-

(a) as to whether or not the investigation was con-
ducted to the satisfaction of the Authority;

(b) specifying any respect in which it was not so con-
ducted; and

(c) dealing with such other matters as may be
prescribed.

(3) The power to issue an appraisal statement in-
cludes power to issue separate statements in respect of the
disciplinary and criminal aspects of an investigation.

8 4 1) Notwithstanding anything to the contrary, the p i r q

an investigation pursuant to section 6 , itself undertake and Authority.
carry out the investigation and shall notify the Commissioner
in writing accordingly.

investlga-
Authority may, if it thinks necessary, instead of supervising t ion by the

(2) The Authority may adopt whatever procedure it
considers appropriate to the circumstances of a particular
case.

(3) Nothing in this section shall be construed as
requiring the Authority to hold any hearing.

(4) On completion of an investigation under this
section, the Authority shall submit a report thereon-

(a) to the Commissioner;

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8 POLICE PUBLIC COMPLAINTS

(b) where the report indicates that a criminal offence
may have been committed, to the Director of
Public Prosecutions,

and, if the Authority considers it desirable so to do having
regard to all the circuinstances of the case, it shall send a
copy of the report to the constable whose conduct was in-
vestigated and to the person by or on whose behalf the com-
plaint was made.

( 5 ) On making a report to the Director of Public
Prosecutions pursuant to subsection (4), the Authority shall
furnish him with-

(a) copies of all statements collected in relation to the
complaint;

(b) all exhibits so collected; and

(c) such other information as the Director of Public
Prosecutions may, from time to time, require and
the Authority is able to furnish.

Powers,

and privi-
leges

to sections

9. For the purpose of giving effect to sections 6 and 8 the
members of the Authority, the investigative staff of the
Authority and any person authorized thereto by the Autho-
rity shall, in the exercise of their duty under this Act, have
the like powers, authorities and privileges as are given by
law to a constable.

authorities

in relation

6 and 8.

The Complnints Division of the Force

Complaints 10.-( 1) The Commissioner shall establish and maintain
the Division Force. Of for the purposes of this Act, a unit of the Force charged

with primary responsibility of addressing complaints (here-
inafter referred to as the Complaints Division).

(2) The Commissioner shall ensure that the Com-
plaints Division is supplied with sufficient staff and facilities
effectively to receive, record and investigate complaints.

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POLICE PUBLIC COMPLAINTS 9

The Commissioner of Police
1 1 . 4 1 ) It shall be the duty of any constable receiving J P&e;Fg;-

complaint in accordance with this Act promptly to take missioner
steps, in accordance with rules of the Force, to have the tions with and rela-

rity. the Autho- complaint brought to the attention of the Commissioner.

(2) Nothing in this Act shall have effect in relation
to a complaint in so far as the complaint relates to ihe
direction and the control of the Force by the Commissioner.

(3) It shall be the duty of the Commissioner-

(a) to mzke arrangements to facilitate-
(i) supervision under this Act of an investiga-

tion by the Authority; and
(ii) the conduct of any direct investigation

under this Act by the Authority; and

(b) to take such steps, consequent on an investigation
under this Act, as he thinks appropriate having
regard to the provisions of section 18 (find investi-
gation reports).

12. The Comniissioner may make rules governing the R$e the
Go\.ernor-General shall designate not more than three persons to examine the
matter and make recommendations to him.

7. The names of all members of the Authorih as first constituted and
e\.ery change in the membership thereof shall be published in the Gazette.

8. The Esecutive Chairman shall-

(a) be responsible for the supervision over and dlrection of the kvork
and staff of the Authority: and

( h ) c a m out such functions as are assigned to the Executive Chairman
by or pursuant to k s Act.

9 . 4 1 ) h e Authorih may appoint and employ at such remuneration and
on such terms and conditions as it tfunks fit a secretan. and such other
officers. agents and employees as, after consultation with the Minister, it

of"'Ecers.
emplu?ees and
?gents.

Pension
scheme.
medical
tmelits. etc
40 2002
s. 2 .

Validity of
.Author it y. s
proceedings

thlnks necessary for the proper carrying out of its functions under this Act.

(2) The Governor-General may: subject to such conditions as he may
impose. approve of the appointment of any public officer to any ofice with
the Authorih. and any officer so appointed shall, in relation to pension.
gratuity: allowance and other rights as a public officer, be deemed to be in the
service of the Government while employed in any such ofice.

9A. The Buthorih may with the approval of the Minister-

(a) enter into arrangements respecting schemes, whether by way of
insurance policies or not; and

( b ) make regulations,
for m e d d benefits, pensions, gratuities and other retiring benefits or
disability or death benefits: in respect of the employees of the Authority and
such arrangements or regulations may include provisions for the grant of
benefits to the dependants and legal representatives of such employees.

10.-(1) The validity of the proceedmgs of the Authority shall not be
affected by any vacancy amongst the members thereof or by any defect in the
appointment of a member thereof.

POLICE PUBUC COMPLAINTS 21

(2) Subject to the provisions of this Schedule, b e Authority
may regulate its own proceedings.

rules respecting-
11. Subject to the provisions of this Act, the Authority may make Rules.

(U) the business of the Authority;
(b) the manner of dealing with matters before the Authority

generally, including the practice and procedure before thc
Authority;

(c) the apportionment of the work of the Authority among its
members and the assignnient of members to review complaints
referred to the Authority; and

(6) the performance of the functions of the Authority generally
under this Act.

1 2 4 1 ) The Authority may appoint such Committees, for such pur- Corn-
poses, as ilt may think fit and may delegate to any such committee mittew.
such of the functions of the Authority as the Authority may decide,
but excluding the power of delegation conferred by this sub-paragraph.

(2) The chairman of each such committee shall be a member
of the Authority designated by the Authority.

(3) The quorum of any such committee shall be such number
of its members as the Authority may determine.

(4) A special1 meeting of any such committee m&y be called
by the chairman thereof.

(5) A delegation under this paragraph may be revoked by the
Authority at any time.

(6) A delegation of any power under this paragraph shall not
prevent the exercise of the power by the Authority.

(7) The provisions of pamgraph 10 shall (with the necessary
modifications) apply in relation to any such committee as if references
to the Authority were references to such committee.

13. The funds and resources of the Authority shall consist of- Funds and
(a) such moneys as may from time to time be placed at its dis- nssourots~

position for the purposes of this Act by Parliament;
(b) all other moneys and other property which may in any manner

become payable to, or vested in the Authority m respect of any
matter incidental to its functions.

14.41) The Authority shall keep proper accounts a d other records A - U ~
in rehdon to its business and shall prepare annually a statement of andaudit.
accounts in a form satisfactory to the Minister being a form which
shall conform with established accounting principles.

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22 POLICE PUBLIC COMPLAINTS

(2) The accounts of the Authority shall be audited annually by
an auditor or auditors appointed annually by the Authority and appoved
by the Minister and the auditors’ fees and any expenses of the audit shall
be paid by the Authority.

(3) So soon as the accounts of the Authority haw teen audited.
the Authority shall send the statement of its accounts as referred to in
sub-paragraph (1) to the Minister, together with a copy of any report
made by the auditors on that statement or on the accounts of the
Authority.

(4) The Auditor-General shall be entitled at all reasonable times
to examine the accounts and other records in relation to the business of
the Authority.

pro teah 15.41) No member of the Authority or any committee apppointed
Of mders. by it shall be personally ICable for any act or default ot the Authoritv

Remunera-
tion of
members.

Annual
report.

Notifica-
tion to
Commis-
sioner.
Material
to be fur-
nished

mssioner.
by com-

or committee done or omitted to be &one in good faith in the cours’k
of the operations of the Authority or committee.

(2) Where any member of the Authority or a committee is
exempt from liability by reason only of the provisions of ths paragraph
the Authority or, as the case may be, the committee. shall1 be liable
to the extent that it would be if the member were its employee or
agent.

16. There shall be paid from the Consolidated Fund to the Executive
Chairman and other members of the Authority and to the chairman
and other members of every committee appointed by the Authority
such remuneration, if any, whether by way of honorarium, salary or
fees, and such allowances, as the Minister may determine.

17.41) The Executive Chairman shall, within three months after
the end of each financial year, submit to the Minister a report of the
activities of the Authority during that year and the Authority’s
recommendations, if any.

(2) The Minister shall cause a copy of the report to be laid on
the Table of the House of Representatives and of the Senate.

SECOND SCHEDULE (Section 19 (2) )
Provisions relating to Review

1. On receipt of an applim4ion pursuant to section 19 the Authority
shall notify the Commissioner of the application.

2. The Commissioner shall furnish the Authority with such materials
under the control of the Force as are relevant to the complaint.

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POLlCE PUBLIC COMPLAINTS 23

3 . 4 1 ) The Authority or any member or members of the Authority Review by
designated by the Executive Chairman to represent the Authority €or $:bhy"i!
this purpose shall review the matter and inquire into the handling of signatd
the complaint and any disposition of the issue by the Commissioner member
pursuant to section 18. of the Authority.

(2) If, on review, the Authority is satisfied with the disposition
of the complaint, it shalil prepare and send a report in writing to that
effect to the Minister, the Commissioner, the complkinant and the con-
stable concerned.

(3) Where, on review, the Authority is not satisfied with th2
disposition of the complaint by the Force or considers that further
inquiry is warranted, it may-

(U) prepare and send to the Minister, the Cornmissioner and
the Director of Public Prosecutions a report h writing setting
out such findings and recommendations with respect to the
complaint as it thinks fit:

(b) request the Commissioner to conduct further investigation
into the complaint;

(c) conduct its own further investigation into the complaint; or
(4 institute a hearing to inquire into the complaint.

(4) On completion of an investigation under sub-paragraph
(3) {c) the Authority shall prepare and send to the Director of Public
Prosecutions, the Minister and the Commissioner a reporl in writing
setting o,ut such findings and recommendations with respect to the
complaint as it thinks fit, unless the Authority has institutal or intends
to institute a hearing to inquire into the complaint under sub-paragraph
(3) (6).

4.-(1) Where the Authority decides to institute a hearing pursuant m d w o f
to paragraph 3 (3) (d) it shall send a notice in writin of the decision haring by
to the Minister, the Commissioner, and the Director of Public Prosecu- Aurhority.
tions, the constable concerned and the complainant.

(2) For the purpose of this Schedule any member of the Authority
conducting a hearing to inquire into a complaint shall be deemed to
be the Authority.

(3) Where for the purposes of a hearing the Authority requires
a person to attend before it that person shall be entitltd to be paid
such expenses incurred by him by reason of such attzndance as the
Authority may consider reasonable.

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24 POLICE PUBLIC COMPLAINTS

(4) On completion of a hearing, the Authority shall prepare
and send to the Minister and the Commissioner a report setting out
such findings and recommendations with respect to the complaint as
the Authority sees fit.

(5 ) Jf any repofi of the Authority reflects adverse1 on any per-
son the Authority shall, so far as practicable, inform t K at person of
the substance of the report.

(6) The proceedings of the Authority shall not be rendered void
for want of form.

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