Police Service Commission Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1970/1970-0055/PoliceServiceCommissionRegulations_1.pdf
Published: 1970-12-07

Police Service Commission Regulations
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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

POLICE SERVICE COMMISSION REGULATIONS

ARRANGEMENT OF CONTENTS
PART I

PRELIMINARY
1. Citation.
2. Interpretation.

PART II
POLICE SERVICE COMMISSION

3. Appointment of and function of secretary.
4. Quorum and voting.
5. Record of meetings and decisions.
6. Other decisions.
7. Privilege from disclosure in legal proceedings.
8. Protection of members from legal proceedings.
9. Consultation with persons other than members.
10. Documents to be made available.
11. Failure to comply with requests of Commission.
12. Persons attending to be paid allowances.
13. Improper influence.
14. Penalty for supplying false information to Commission.
15. Unauthorised disclosure of information.
16. Annual report.

PART III
APPOINTMENTS AND PROMOTIONS

17. General functions of the Commission with regard to appointments and promotions.
18. Information as to training courses.
19. Commission may consult other persons.
20. Advertisement of vacancies.
21. Principles and procedures applicable to selection for promotion.
22. Maintenance of a confidential report system.
23. Detailed procedure for appointments and transfers.
24. Officers on contract.
25. General.
26. Addressing of correspondence.
27. Matters to be submitted in triplicate.
28. Cases not covered by Regulations.
29. Exclusion of officers of Commissioner and Deputy Commissioner.

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PART IV
DETERMINATION OF APPOINTMENTS AND EXTENSION OF

PROBATIONARY SERVICE
30. Termination of non-pensionable appointments.
31. Probationary appointments.

PART V
DISCIPLINE

A. Contract Officers
32. Premature determination of contracts and withholding of gratuities.

B. General
33. Procedure in the case of offences by officers of or above the rank of inspector.
34. Regulation to govern disciplinary proceedings.
35. No disciplinary action while criminal proceedings pending.
36. Disciplinary action after acquittal on a criminal charge.
37. Copies of evidence of inquiries.
38. Inquiries interdiction and suspension.
39. Directions as to salary of officer convicted on a criminal charge.

C. Proceedings against Police Officers
40. Proceedings for dismissal.
41. Proceedings for misconduct not warranting dismissal.
42. Proceedings for discharge on the grounds of public interest.
43. Proceedings against an officer who has been convicted on a criminal charge.

PART VI
MISCELLANEOUS

44. Appeals.
45. Fines to be recovered by stoppage of pay.

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4POLICE SERVICE COMMISSION REGULATIONS

(ARTICLE 125)
[Commencement 7th December, 1970]

PART I
PRELIMINARY

1. These Regulations may be cited as the Police
Service Commission Regulations.

2. In these Regulations, unless the context otherwise
requires —

“appointment” means —
(i) the conferment of an office in the Force of

and above the rank of inspector, excluding
the offices of Commissioner and Deputy
Commissioner;

(ii) the grant of permanent and pensionable
terms of service in an office in the Force of
and above the rank of inspector, excluding
the offices of Commissioner and Deputy
Commissioner, upon a person recruited and
serving on contract terms of service or in a
non-established capacity in a pensionable
or a non-pensionable office;

(iii) the engagement in an office in the Force of
and above the rank of inspector, excluding
the offices of Commissioner and Deputy
Commissioner, of a person on contract
terms of service for a further period of
service on the conclusion of his previous
period of engagement on contract terms in
the same or other public office; and

(iv) the appointment of an officer in the Force
to act in any office in the Force of and
above the rank of inspector, excluding the
offices of Commissioner and Deputy Com-
missioner, other than the office to which he
is substantively appointed;


4 Originally made under section 109 of the Constitution of the Commonwealth of the

Bahamas Islands contained in the Schedule to the Bahama Islands (Constitution) Order,
1969 (1969 No. 950).

S.I. 55/1970
S.I. 78/1971

Citation.

Interpretation.

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“the Chairman” means the person appointed under the
provisions of Article 118 of the Constitution as
Chairman of the Commission and includes any
temporary or acting Chairman;

“the Commission” means the Police Service
Commission constituted under the provisions of
Article 118 of the Constitution;

“the Committee” means a committee appointed under
the provisions of these Regulations;

“court” means either the Supreme Court or a
magistrate’s court;

“criminal charge” means a charge in respect of a
criminal offence whenever committed, which if
committed in The Bahamas would, upon con-
viction by a court be punishable by imprison-
ment without the option of a fine;

“Force” means the Royal Bahamas Police Force;
“member” means any person appointed to the

Commission under the provisions of Article 118
of the Constitution and includes any temporary
member;

“official document” means any document or paper
prepared by an officer of the Force in the course
of his employment or any document or paper
which comes into the custody of any officer of
the Force in the course of such employment;

“police officer” and “officer” means any officer of
the Police Force or of the Reserves and includes
any supernumerary police officer appointed
under Part VIII of the Police Act and any
constable appointed under Part XI of that Act;

“promotion” means the conferment upon an officer
in the Force of an office to which is attached a
higher salary scale and rank than that attached
to the office in the Force to which he was last
substantively appointed;

“salary” means basic salary;
“secretary” means the secretary to the Police Service

Commission;

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“seniority” means the relative seniority of officers
and except as may be otherwise provided by the
Commission or in these Regulations shall be
determinable and shall be regarded as having
always been determinable as follows —
(i) as between officers of the same grade —

(a) by reference to the dates on which
they respectively entered that grade;

(b) if any officers entered that grade on
the same day, by reference to their
seniority on the day immediately
preceding that day;

(c) if any officers who entered the same
grade on the same day did so by
appointment and not by promotion
(excluding promotion from a non-
pensionable grade), their seniority
relative to each other shall be
determinable by reference to their
respective ages;

(ii) as between officers of different grades on
the same salary scale or the same flat rate
of salary, by reference to the dates on
which they respectively entered their
grades;

(iii) as between officers of different grades on
different salary scales, by reference to the
maximum point in their salary scales, a flat
rate of salary being regarded for this
purpose as a salary scale with a maximum
point equivalent to the flat rate:

Provided that when assessing the seniority of a
pensionable officer, service by that officer
or any other person in a non-pensionable
capacity shall not be taken into account;

“transfer” means the conferment upon an officer in
the Force whether permanently or otherwise of
some office other than that to which the office
was last substantively appointed, not being a
promotion; but the posting of an officer
between duty posts in the same grade shall not
be regarded for this purpose as a transfer.

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PART II
POLICE SERVICE COMMISSION

3. (1) The Governor-General acting on the recom-
mendation of the Commission, shall appoint a secretary to the
Commission, and such other staff as the Commission shall
from time to time think necessary.

(2) The secretary shall not be a member of the
Commission and his functions and duties shall be limited
to matters of an administrative nature.

4. (1) A quorum of the Commission for a meeting
shall consist of two members.

(2) Any question proposed for a decision at any
meeting of the Commission shall be determined by a
majority of the votes of the members present and voting
and if, on any such question, the votes are equally divided,
the Chairman shall have and exercise a casting vote.

5. A record shall be kept of the members present
and of the business transacted at every meeting of the
Commission. Any member who is present at a meeting
when a decision is made shall be entitled to dissent
therefrom and to have his dissent and his reasons therefor
set out in the record of such meeting.

6. A decision may be made by the Commission
without a meeting by circulation of the relevant papers
among the members and the expression of their views in
writing, and in any such case the decision, shall be the
view of the majority of members expressing a view:

Provided that if any member requires that a decision
on a matter being dealt with by circulation of the relevant
papers shall be deferred until the subject matter shall be
considered at a meeting of the Commission, no decision
shall be made on that subject except at a meeting of the
Commission:

Provided further than where a member dissents from
a view recorded by a majority of members on papers
circulated for a decision, the decision shall not be
implemented until that member records the reasons for his
view.

Appointment of
and function of
secretary.

Quorum and
voting.

Record of
meetings and
decisions.

Other decisions.

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7. Any report, statement or other communication
or record of any meeting, inquiry or proceedings which the
Commission may make in exercise of its functions or any
member may make in performance of his duties, or in
discharge of any duty to the Governor-General or to any
officer, shall be privileged in that its production may not be
compelled in any legal proceedings if the Governor-
General, certifies that such production is not in the public
interest.

8. The Chairman and any member shall have such
and the like protection and privilege in case of any action
or suit brought against him for any act done or omitted to
be done in the execution of his duties under these
Regulations as is by law given to the acts done or words
spoken by a judge of the Supreme Court in the exercise of
his judicial office.

9. The Commission may require any person to
attend and give evidence before it concerning any matter
which it is required to consider in exercise of its functions
under these Regulations and may, unless the Governor-
General certifies that such production is not in the public
interest, require the production of any official document
relating to any such matter.

10. Any officer who submits any matter for the
consideration of the Commission, shall ensure that all
relevant documents and papers are made available to the
Commission and the Commission may require the
production of any further documents or information
relevant to the matter under consideration.

11. Any person other than a person who is notified
to appear before the Commission solely in connection with
his application for employment in the Police Force, who
without reasonable excuse fails to appear before the
Commission when notified to do so by or on behalf of the
Commission in writing, or who wilfully fails to produce
any document in his possession or power when requested
to do so by the Commission, shall be guilty of an offence
and upon summary conviction shall be liable to a fine not
exceeding sixty dollars.

Privilege from
disclosure in legal
proceedings.

Protection of
members from
legal
proceedings.

Consultation
with persons
other than
members.

Documents to be
made available.

Failure to
comply with
requests of
Commission.

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12. Any person attending before the Commission at
the request of the Commission, other than a person who is
applying for employment in the Police Force or a person in
the public service, shall be entitled to be paid by the
Commission the same allowance as a witness who appears
before the Supreme Court as a witness in criminal
proceedings.

13. Any person who, otherwise than in the course of
his duty, directly or indirectly by himself or by any other
person in any matter whatsoever influences or attempts to
influence any decision of the Commission or of the
Chairman or of any member shall be guilty of an offence
and upon summary conviction shall be liable to a fine not
exceeding one hundred and fifty dollars or to imprisonment
for a term not exceeding six months or to both such fine
and imprisonment:

Provided that nothing in this regulation shall prohibit
any person who may properly give a certificate or
testimonial to any applicant or candidate for any appoint-
ment in the Force from giving such a certificate or
testimonial or from supplying any information or assis-
tance at the request of the Commission.

14. Any person who in connection with any applica-
tion by any person for employment or promotion in the
Force, or with any matter upon which it is the duty of the
Commission to make a recommendation to the Governor-
General or to make any decision, wilfully gives to the
Commission or to any member thereof, or to any person or
body of persons appointed by any regulation or by any
competent authority to assist the Commission in the
exercise of its functions or the discharge of its duties, any
information which he knows to be false by reason of the
omission of any material particular, shall be guilty of an
offence and upon summary conviction be liable to a fine
not exceeding three hundred dollars or to imprisonment for
a term not exceeding one year or to both such fine and
imprisonment.

15. (1) Neither the Chairman nor any member nor
any other person shall without the written permission of the
Governor-General publish or disclose to any person,
otherwise than in exercise of his functions under these
Regulations, the contents of any document, communica-
tion or information whatsoever which has come to his


Persons attending
to be paid
allowances.

Improper
influence.

Penalty for
supplying false
information to
Commission.

Unauthorised
disclosure of
information.

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notice in the course of his duties in respect of any matter
referred to the Commission, and any person who
knowingly acts in contravention of this regulation, shall be
guilty of an offence and upon summary conviction shall be
liable to a fine not exceeding three hundred dollars or to
imprisonment for a term not exceeding one year or to both
such fine and imprisonment.

(2) If any person having possession of any
information which to his knowledge has been disclosed in
contravention of the provisions of paragraph (1) of this
regulation, publishes or communicates to any other person
any such information otherwise than for the purpose of any
criminal prosecution or of disciplinary proceedings in
respect of such disclosure, he shall be guilty of an offence
and upon summary conviction shall be liable to a fine not
exceeding three hundred dollars or to imprisonment for a
term not exceeding one year or to both such fine and
imprisonment.

16. The Commission shall make an annual report to
the Governor-General, a copy of which shall be sent to the
Secretary to the Cabinet for the information of the Prime
Minister.

PART III
APPOINTMENTS AND PROMOTIONS

17. The Commission shall make recommendations
to the Governor-General on the following —

(a) appointments and promotions of police officers
to the rank of inspector and above;

(b) in respect of police officers of or above the rank
of inspector —

(i) on the extension or termination of such
appointments;

(ii) on the retirement of such police officers on
or after reaching the age of fifty-five
years;

(iii) on the appointment of such police officers
to discharge temporarily for more than four
weeks the duties of posts other than those
to which they have been substantively ap-
pointed.

Annual report.

General
functions of the
Commission with
regard to
appointments
and promotions.

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18. The Commissioner shall keep the Commission
fully informed in every case where an officer has been
selected to attend a training course and as to the progress of
the officer throughout such course.

19. In considering the making of recommendations
for the appointment or promotion of a police officer the
Commission may —

(a) consult with any other person or persons; and
(b) seek the advice of a board constituted by the

Chairman who may appoint to it members of the
Commission and senior police officers.

20. Where any vacancy is not to be filled by
promotion the existence of such vacancy shall, unless the
Commission otherwise directs, be notified to the public by
advertisement in time to enable candidates to make
application in accordance with such advertisement.

21. In making recommendations for the appointment
or promotion of officers in the Force the Commission shall
have regard to the maintenance of the high standard of
efficiency necessary in the Force and shall take into
account qualifications, experience and merit as well as
seniority in the service.

22. The Commissioner shall maintain confidential
reports on all officers in the Force and such reports shall be
made available, at the request of the Chairman, to the
Commission for the effective discharge of its functions.

23. In the appointment and promotion of police
officers to posts of or above the rank of inspector the
following procedure shall be followed —

(a) when a vacancy occurs in the establishment of
the Police Force in any rank of or above that of
inspector, the Commissioner shall report the
vacancy to the Secretary to the Cabinet in
triplicate. The Secretary to the Cabinet shall
forward the report together with his observations
thereon to the Director of Public Personnel who
shall forward it to the Chairman with his
certificate that there is no financial or establish-
ment objection to the filing of the post;

Information as to
training courses.

Commission may
consult other
persons.

Advertisement of
vacancies.

Principles and
procedures
applicable to
selection for
promotion.

Maintenance of a
confidential
report system.

Detailed
procedure for
appointments and
transfers.
S.I. 79/1971.

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(b) if, in the opinion of the Commissioner it is
unlikely that a suitably qualified serving police
officer will be available to fill the vacancy, he
shall state his reasons in writing for his opinion
and of the arrangements which exist or are in
prospect for the training of serving police officers
to fill such a post and if necessary a recommen-
dation for the post to be filled other than by a
serving police officer;

(c) if the Commissioner recommends that a vacancy
should be filled by the appointment or promotion
of a serving police officer, he shall forward his
recommendation to the Secretary to the Cabinet in
triplicate, together with a record of the service of
the officer recommended for the vacancy. If the
recommendation would involve the supersession
of any more senior officer in the Police Force,
reasons for the supersession of each such officer
shall be forwarded with the recommendation for
the appointment. The Secretary to the Cabinet
shall forward the papers with his observations
thereon to the Director of Public Personnel who
shall forward them to the Chairman with his
certificate that there is no financial or
establishment objection to the filling of the post.

24. If a police officer is serving on a contract or an
agreement, the Commissioner shall forward to the
Secretary to the Cabinet six months before the expiry of
such contract or agreement a notification of the date of the
expiration of the contract or agreement and his
recommendation whether it should be renewed or not,
together with a note of the officer’s wishes thereon. The
Secretary to the Cabinet shall forward the recommendation
with his observations thereon to the Director of Public
Personnel who shall forward them to the Chairman with his
certificate that there is no financial or establishment
objection to the renewal of the contract or agreement if so
recommended.

25. Any police officer who has just occasion to
submit any matter for the consideration of the Commission
shall do so through the Commissioner.

Officers on
contract.

S.I. 78/1971.

General.

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26. All correspondence for the Commission shall be
addressed to the Chairman of the Police Service Commission.

27. All matters submitted for the consideration of
the Commission shall be forwarded in triplicate unless
otherwise directed.

28. Any case not covered by these Regulations shall
be reported to the Chairman who shall issue instructions as
to the procedure to be adopted and the case shall be dealt
with accordingly.

29. Nothing in this Part of these Regulations shall
affect the appointment of any person to or to act in the
offices of Commissioner or Deputy Commissioner or apply
to the removal from office of any such person.

PART IV
DETERMINATION OF

APPOINTMENTS AND EXTENSION
OF PROBATIONARY SERVICE

30. If it appears to the Commissioner that the
appointment of a non-pensionable officer should be
terminated, he shall, in writing, set out the reasons and
require the officer to show cause, in writing why his service
should not be terminated; if no reply is received by the
Commissioner within two weeks of the receipt thereof or if
the Commissioner considers that no adequate cause has been
shown, the Commissioner shall report the case, giving his
reasons and forwarding any representations made by the
officer, to the Secretary to the Cabinet who shall report to
the Director of Public Personnel with his observations
thereon. The Director of Public Personnel shall forward the
report together with his recommendation thereon to the
Chairman; and the Commission shall recommend to the
Governor-General whether the appointment should be
terminated.

31. (1) Where an officer holds an appointment subject
to a period of probation, which period shall in no case be less
than twelve months, six weeks before the expiration of the
probationary period the Commissioner shall consider whether
such officer should, on such expiration, be


Addressing of
correspondence.

Matters to be
submitted in
triplicate.

Cases not
covered by
Regulations.

Exclusion of
officers of
Commissioner
and Deputy
Commissioner.

Termination of
non-pensionable
appointments.
S.I. 78/1971.

Probationary
appointments.

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confirmed in an established post or should serve a further
period on probation or should not remain in the Force and
shall make his recommendation together with his reasons
therefor to the Secretary to the Cabinet who shall report the
matter to the Director of Public Personnel together with his
observations thereon. The Director of Public Personnel
shall forward the report together with his recommendation
thereon to the Chairman; and the Commission shall make
its recommendation to the Governor-General upon the
matter.

(2) Where an officer holds a probationary appoint-
ment and the Commissioner at any time during the period of
such probationary appointment is of the opinion that such
appointment should be terminated, he shall follow the
procedure provided in paragraph (1) of this regulation.

(3) Before either reaching a final conclusion or
deciding to make a report to the Director of Public
Personnel, as the case may be, under the provisions of
paragraph (1) or (2) of this regulation, that a further period
of probationary service by an officer is necessary, or that
an officer should not remain in the Force, or that an
officer’s probationary appointment should be terminated,
the Commissioner shall, if it appears prima facie that such
a conclusion may be reached or that such a report may be
required, call upon the officer concerned to submit his
representations on the matter.

PART V
DISCIPLINE

A. Contract Officers
32. (1) Where an officer is serving under a contract

which provides for the termination of that contract by
notice before the expiration of the period of service
stipulated in the contract, in any case where to dismiss such
officer under these Regulations the Commissioner is required
to make recommendations to the Governor-General, and the
Commissioner is of the opinion that such contract should be
so terminated, he shall report the matter to the Secretary to the
Cabinet, together with the reasons for such course; and refer the
report to the Director of Public Personnel with his
observations thereon. The Director of Public Personnel
shall forward the report to the Chairman with his
recommendations; and the Commission shall recommend
to the Governor-General whether such course should be
taken:

Premature
determination of
contracts and
withholding of
gratuities.

S.I. 78/1971.

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Provided that where it appears to the Director of
Public Personnel that there is any doubt whether under the
terms of the contract such termination can be lawfully
effected, the Director of Public Personnel shall refer the
case to the Attorney-General for advice.

(2) Where an officer is serving under a contract
which provides for the payment of a gratuity on completion
of satisfactory service, and the Commissioner is of the
opinion that the service of the officer has not been
satisfactorily completed and that no gratuity or part only of
such gratuity should be paid, he shall report the matter to
the Secretary to the Cabinet, together with his reasons for
such opinion; and the Secretary to the Cabinet shall with
observations thereon, refer the report to the Director of
Public Personnel and the Director of Public Personnel, if it
appears to him that such an opinion can prima facie be
justified, shall call upon the officer concerned to submit his
representations on the matter and shall forward the report
and any representations received from the officer to the
Chairman with his recommendations; and the Commis-
sioner shall recommend to the Governor-General whether
such gratuity should be paid in whole or in part.

B. General
33. An offence against discipline or any other

misconduct by a police officer of or above the rank of
inspector shall be dealt with under the provisions of
regulations 40-43 inclusive of these Regulations:

Provided that nothing in this Part of these Regula-
tions shall apply to proceedings against the Commissioner
or Deputy Commissioner or any person acting in either of
those offices.

Procedure in the
case of offences
by officers of or
above the rank of
inspector.

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34. (1) Any act of misconduct by an officer shall be
dealt with as soon as possible after the time of its
occurrence.

(2) Any case of which no appropriate procedure
exists under these or other Regulations, shall be reported to
the Chairman and the Commission may issue instructions
as to how the case shall be dealt with, and the case shall be
dealt with accordingly.

35. (1) If a criminal charge is preferred against a
police officer of or above the rank of inspector in any
court, the Commissioner shall forthwith report the facts to
the Secretary to the Cabinet with a recommendation as to
whether the officer should or should not be interdicted
from the exercise of his powers and duties. The Secretary
to the Cabinet shall refer the report to the Director of
Public Personnel with his observations thereon. The
Director of Public Personnel shall forward the report to the
Chairman with his recommendations and the Commission
may recommend to the Governor-General to interdict such
officer.

(2) No proceedings for the dismissal of such officer
upon any grounds involved in the criminal charge shall be
taken until the conclusion of the criminal proceedings and
the determination of any appeal therefrom.

36. No disciplinary action of any kind shall be taken
against a police officer in respect of any conduct, or any
conduct raising, in the opinion of the Attorney-General,
substantially the same issues as conduct in respect of which
he has been acquitted in a criminal court.

37. (1) Subject to paragraph (3) of this regulation, any
police officer in respect of whom a disciplinary inquiry is to
be held, shall be entitled, at or before the commencement of
the inquiry, to receive, free of charge, a copy of every
document that is to be relied on for the purpose of or in
connection with establishing his guilt, or in default thereof, to
be allowed access thereto.

(2) Subject as aforesaid, any police officer in
respect of whom a disciplinary inquiry has been held, shall
be entitled after the conclusion of such inquiry to receive a
copy of every document tendered in evidence at such
inquiry on the payment of twenty-five cents therefor, and a


Regulation to
govern
disciplinary
proceedings.

No disciplinary
action while
criminal
proceedings
pending.
S.I. 78/1971.

Disciplinary
action after
acquittal on a
criminal charge.

Copies of
evidence of
inquiries.

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copy of the record of evidence on payment of five cents for
every hundred words after the first hundred words of that
record.

(3) Nothing in this regulation shall entitle any
person to receive any copy of any official document (not
being a document given in evidence at an inquiry) or any
recorded reason for any decision reached at any inquiry.

38. (1) If in any case the Governor-General acting
on the recommendation of the Commission, requires that a
police officer should cease forthwith to exercise the powers
and functions of his office, he may interdict the officer
from the exercise of those powers and functions, provided
that proceedings for his dismissal are being instituted
against him.

(2) The Commissioner may at any time interdict from
duty any police officer who is charged with any criminal or
disciplinary offence if the Commissioner considers that the
interests of discipline require that such officer shall forthwith
cease to exercise the powers and functions of his office. The
Commissioner shall without delay report to the Secretary to
the Cabinet for the information of the Governor-General, the
Prime Minister, and the Commission, any action taken by
him under this regulation, in respect of a police officer and
the Governor-General acting on the recommendation of the
Commission may either confirm such interdiction or give
such directions as he may think fit.

(3) A police officer under interdiction shall not
leave The Bahamas without the permission of the Commis-
sioner.

(4) It shall be the duty of a police officer under
interdiction to leave with the Commissioner an address at
which he may at any time be contacted.

(5) A police officer interdicted from duty shall not
by reason of such interdiction cease to be a member of the
Police Force:

Provided that the powers, privileges and benefits
vested in him as a member of the Police Force shall be in
abeyance during the period of such interdiction, but he
shall remain subject to the same responsibilities, discipline
and penalties and to the same authority as if he had not
been interdicted.

Inquiries
interdiction and
suspension.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(6) Any police officer who has been interdicted shall,
during the period of interdiction, be allowed to receive such
proportion of his pay not being less than one half, as the
Governor-General acting on the recommendation of the
Commission may think fit:

Provided that, if the proceedings against any such
officer do not result in his dismissal or conviction for a
criminal offence, he shall be entitled to the full amount of
the emoluments which he would have received if he had
not been interdicted.

39. Where a police officer has been convicted on a
criminal charge, the Governor-General acting on the
recommendation of the Commission, may direct what
proportion, if any, of the emoluments of such officer shall
be paid from the date of such conviction pending
consideration of his case under the provisions of these
Regulations. C. Proceedings against Police Officers

40. (1) When the Commissioner considers it necessary
to institute disciplinary proceedings against an officer to
whom this regulation applies on the ground of misconduct
which, if proved, would justify his dismissal from the Police
Force, he shall, after such preliminary investigation as he
considers necessary, report the facts to the Governor-General,
the Prime Minister and the Commission through the Secretary
to the Cabinet, together with a recommendation as to whether
the officer should be interdicted from the exercise of the
powers and functions of his office. On receipt of such a report
the Secretary to the Cabinet shall report the facts to the
Director of Public Personnel. On receipt of such a report the
Director of Public Personnel shall, after consulting with the
Attorney-General as to the terms of the charge or charges,
forward to the officer through the Secretary to the Cabinet a
statement of the charge or charges framed against him
together with a brief statement of the allegations, insofar as
they are not clear from the charges themselves, on which each
charge is based; and shall call on the officer to state in
writing, within such time as shall be specified, whether he
admits the charges and, if so, any mitigating circumstances he
may wish to submit, or if he denies the charges, any grounds
on which he relies to exculpate himself.

Directions as to
salary of officer
convicted on a
criminal charge.

S.I. 78/1971.

Proceedings for
dismissal

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(2) On receipt of a reply to any charge forwarded
under paragraph (1) of this regulation through the
Secretary to the Cabinet, the Director of Public Personnel
may, if he thinks fit, refer the matter back to the
Commissioner for further consideration and report, or shall
forward the Commissioner’s report together with the
officer’s reply to the Commission.

(3) If after considering the Commissioner’s report
and the officer’s reply and any mitigating circumstances, if
any, the Commission considers that if the offence is proved
some penalty other than dismissal is likely to be appro-
priate, it shall act in accordance with the procedure
prescribed in regulation 41(1) (d) or 42, as the case may be,
of these Regulations.

(4) If the charge or charges are admitted by the
accused officer, the Commission shall forward the
Commissioner’s report, the officer’s reply thereto and any
relevant documents to the Governor-General and
recommend the punishment, if any, which should be
inflicted on the accused officer.

(5) If the officer does not furnish a reply to any
charge forwarded under paragraph (1) of this regulation
within the period specified, or if, in the opinion of the
Commission, he fails to exculpate himself, the Commission
shall advise the Governor-General whether a committee,
which shall consist of not less than three members, should
be appointed to inquire into the matter, and the Governor-
General may appoint a committee for such a purpose. One
member of the committee, if so appointed, shall be a judge,
magistrate or a public officer with legal qualifications, and
all members shall be selected with due regard to the
standing of the officer concerned. No police officer shall
be a member of the committee.

(6) The committee shall inform the accused officer
that on a specified day the charges made against him will
be investigated and that he will be allowed or, if the
committee so determines, will be required, to appear before
it to defend himself.

(7) If witnesses are examined by the committee, the
accused officer shall be given an opportunity of being
present and of putting questions on his own behalf to the
witnesses and no documentary evidence shall be used
against him unless he has previously been supplied with a
copy thereof or given access thereto.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(8) The committee may permit the prosecuting party
and the accused officer to be represented by a public
officer or a counsel and attorney, provided that where the
committee permit the one party to be so represented, they
shall permit the other party to be represented in a similar
manner.

(9) If during the course of the inquiry grounds for
the framing of additional charges are disclosed the
committee shall so inform the Secretary to the Cabinet who
shall inform the Director of Public Personnel and the latter
shall follow the same procedure as was adopted in framing
the original charges.

(10) The committee, having inquired into the matter,
shall forward their report thereon to the Commission
accompanied by the record of the charges made, the
evidence taken and any other proceedings relevant to the
inquiry. The report of the committee shall include —

(a) a statement whether in the committee’s opinion
the accused officer has or has not committed the
offence or offences charged and a brief statement
of the reasons for that opinion;

(b) details of any matters which in the committee’s
opinion aggravate or alleviate the gravity of the
case; and

(c) a summing up and such general comments as will
indicate clearly the opinion of the committee on
the matter under inquiry.

the committee shall not make any recommendation with
respect to the form of punishment.

(11) The Commission after consideration of the report
of the committee may, if it is of the opinion that the report
should be amplified in any way or that further investigation
is desirable, refer the matter back to the committee for
further investigation and report.

(12) The Commission shall forward the written
proceedings of the inquiry to the Governor-General
together with its recommendation as to the punishment, if
any, (including retirement from the service under
regulation 42 of these Regulations) which should be
inflicted on the accused officer.

S.I. 78/1971.

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41. (1)(a) When the Commissioner considers it
necessary to institute disciplinary proceedings against an
officer to whom this regulation applies on the grounds of
misconduct which, if proved, would not be serious enough
to warrant proceedings under regulation 40, he shall, after
such preliminary investigation as he may consider
necessary, report the facts to the Secretary to the Cabinet
together with copies of reports of the case, the charges and
his own comments.

(b) The Secretary to the Cabinet shall report the
facts to the Director of Public Personnel who shall forward
to the officer through the Secretary to the Cabinet a
statement of the charge or charges made against him and
shall require the accused officer to state in writing within
such time as shall be specified whether he admits the
charge or charges made against him or any grounds on
which he relies to exculpate himself.

(c) On receipt of the accused officer’s reply to the
charge or charges, the Director of Public Personnel shall
forward it together with the Commissioner’s report to the
Commission.

(d) If on consideration of the Commissioner’s report
and the officer’s reply the Commission is of the opinion
that no further investigation is necessary it may forthwith
report the facts to the Governor-General together with a
recommendation as to the penalty, if any, (other than
dismissal), which should be inflicted on the officer.

(e) If the officer does not furnish a reply within the
time specified or if the Commission, on consideration of
the report submitted by the Commissioner, is of the
opinion that the matter should be further investigated, it
shall advise the Governor-General as to the manner in
which the allegations against the officer should be
investigated.

(f) The results of such investigation shall be
communicated to the Commission in such manner as may
be ordered by the person conducting such investigation.

(g) The Commission may, if it considers that the
results of the investigation should be amplified in any way
or that further investigation is desirable, refer the matter
back to the person conducting such investigation for
further inquiry and report.

Proceedings for
misconduct not
warranting
dismissal.

S.I. 78/1971.

S.I. 78/1971.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(h) The Commission shall forward to the Governor-
General the proceedings against the officer and shall
recommend the punishment, if any, (other than dismissal)
which should be inflicted on the officer.

(2) Notwithstanding the provisions of this regulation,
if at any stage during the proceedings

(a) it appears to the Commission that the offence, if
proved, would justify dismissal; or

(b) the Commission considers that, if the offence is
proved, proceedings for the retirement of the
officer from the service on grounds of public
interest would be more appropriate,

such proceedings shall be discontinued and the procedure
in regulation 40 or 42, as the case may be, of these
Regulations shall be followed.

42. (1) Notwithstanding the provisions of regulation
40 of these Regulations, if the Commissioner considers that
an officer to whom this regulation applies should be
discharged on the grounds that he is unlikely to become or
has ceased to be an efficient police officer, or that for any
other reason his discharge is necessary in the public
interest, he shall report the fact to the Secretary to the
Cabinet who shall make a report thereon to the Director of
Public Personnel. The Director of Public Personnel through
the Secretary to the Cabinet shall inform the officer in
writing that his discharge has been recommended and the
grounds upon which the recommendation has been made
and allow the officer an opportunity to show cause why he
should not be discharged.

(2) If the Director of Public Personnel, after
considering the officer’s statement and having regard to all
the circumstances of the case, and after consultation with
the Secretary to the Cabinet, is of the opinion that such
officer should be discharged, he shall forward to the
Commission the report of the Commissioner and the
statement of the officer together with his own recommen-
dation. The Commission shall recommend to the
Governor-General the action, if any, that it considers
should be taken against the officer.

43. Where an officer to whom this regulation applies
is convicted by any criminal court of an offence likely to
warrant disciplinary proceedings, the Commissioner shall
report the matter to the Secretary to the Cabinet and the


Proceedings for
discharge on the
grounds of public
interest.

S.I. 78/1971

S.I. 78/1971.

Proceedings
against an officer
who has been
convicted on a
criminal charge.

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Secretary to the Cabinet shall report the matter to the
Director of Public Personnel who shall forward the report
and a copy of the charge and of the conviction (and the
proceedings of the court if available) to the Commission
for consideration. The Commission shall advise the
Governor-General whether it considers that the officer
should be dismissed or subjected to some lesser
punishment in accordance with section 59 of the Police Act
on account of the conviction for the offence:

Provided that before the Commission recommends
any punishment under the provisions of this regulation, it
shall give the officer an opportunity to make
representations in writing in his own defence and shall take
any such representations into consideration, but no further
proceedings under this Part of these Regulations need be
instituted in any such case.

PART VI
MISCELLANEOUS

44. (1) Where any police officer of the rank of
sergeant or below appeals to the Governor-General under
the provisions of section 53(3) or 103 of the Police Act, the
Commissioner shall forthwith cause copies of all proceed-
ings to be sent to the Secretary to the Cabinet for
transmission through the Director of Public Personnel to
the Commission and the Commission shall thereupon
consider the appeal and make its recommendation thereon
to the Governor-General.

(2) On any appeal to him under the provisions of
this regulation, the Governor-General may, acting in
accordance with the recommendation of the Commission,
without hearing the appellant, dismiss the appeal or allow
it and in either case may revoke, vary or add to any
punishment.

(3) Upon any appeal the Governor-General acting in
accordance with the recommendation of the Commission
may —

(a) return the proceedings for further evidence to be
taken;

(b) quash the proceedings and order the case to be
heard de novo by some other officer; or revoke
or vary any finding.

S.I. 78/1971.

Appeals.
S.I. 78/1971.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

45. (1) All fines imposed on a police officer of or
above the rank of inspector in respect of offences under
these Regulations may be recovered by stoppage of the
officer’s pay due at the time of committing such offence or
thereafter accruing.

(2) The amount of any stoppage in respect of any
fine or for any other cause authorised by these Regulations
shall be determined by the Governor-General acting in
accordance with the recommendation of the Commission
but shall in no case exceed one-half of the monthly pay of
the offender, and whenever more than one order of
stoppage is enforced against the same person so much only
of his pay shall be stopped as shall leave him a residue of
at least one-half of his monthly pay.

Fines to be
recovered by
stoppage of pay.
Read Entire Law on laws.bahamas.gov.bs