THE POLICE SERVICE ACT, 2005
THE POLICE DISCIPLINARY REGULATIONS, 2005
In exercise of the powers conferred by section 111 of the Police Service Act, the Minister makes the following regulations –
POLICE OFFICERS
Citation 1. These regulations may be cited as the Police Disciplinary
and Regulations, 2005 and shall come into operation on the day of 2005.
commence-
ment.
Minor 2. The following are minor offences for which police officers
offences may be disciplined in accordance with these Regulations -
re:police (1) absence without leave when resident in barracks;
officers. (2) irregular conduct when on duty or parade;
(3) preferring a frivolous complaint or charge;
(4) failing to comply immediately with a lawful order;
(5) gambling;
(6) idling or gossiping while on duty;
(7) using obscene, abusive or insulting language towards any member of the Service;
(8) without the previous consent of the Commissioner receiving a lodger in a house or quarters provided by The Bahamas Government or subletting any part of the house or quarters;
(9) neglecting or without good and sufficient cause omitting
promptly and diligently to attend to or carry out any duty as a police officer;
(10) failing to report anything which it is the duty of a police officer to report;
(11) omitting to make any necessary entry in any official document or book;
(12) canvassing any member of the Police Service
Commission, the House of Assembly or Senate with regard to any matter concerning the Service;
(13) calling or attending any meeting to discuss any matter concerning the Service not being a meeting authorized by a superior officer;
(14) directly or indirectly soliciting or receiving any gratuity, present, subscription or testimonial without the consent of the Commissioner;
(15) incurring a pecuniary obligation to any spirit licence holder or person who holds a licence concerning the granting or renewal of which the police may have to report;
(16) improper use of the position of a police officer for private advantages;
(17) in his capacity as a member of the Service, writing, signing or giving without the sanction of the Commissioner any testimonial of character or any other recommendation with the object of obtaining employment for any person or of supporting an application for the grant of a licence of any kind;
(18) without the sanction of the Commissioner supporting the grant of a licence of any kind;
(19) without good and sufficient cause making any unlawful or unnecessary arrest;
(20) incivility to any member of the public;
(21) absence from or lateness for any parade court or other duty without leave or reasonable excuse;
(22) in uniform, being improperly dressed, or dirty or untidy in person, clothing or accoutrements while on duty or while off duty in a public place;
(23) demanding or endeavoring to persuade any other person to give or to purchase or obtain any intoxicating liquor while on duty;
(24) entering any premises licensed under the liquor licence laws while on duty when not required in the execution of that duty;
(25) entering without permission of an officer of the rank of Inspector or above while on duty any premises where liquor is stored or distributed when not required in the execution of that duty;
(26) conniving at or knowingly being an accessory to any offence against discipline; or
(27) any other act, conduct or neglect of a minor nature
to the prejudice of good order and discipline, whether or not such act, conduct or neglect shall have been in the execution of duty.
Major 3. The following are major offences for which police officers
offences may be disciplined in accordance with these Regulations -
re:police (1) acting in a disorderly manner or any manner
officers. prejudicial to discipline, or reasonable likely to bring discredit to the reputation of the Service;
(2) insubordination by word, act or demeanor;
(3) oppressive or tyrannical conduct toward an inferior in rank;
(4) willfully or negligently making any false complaint or statement against any member of the Service;
(5) assaulting any member of the Service;
(6) improperly withholding any report or allegation against any member of the Service;
(7) disobeying, or without good and sufficient cause, omitting or neglecting to carry out any lawful order, written or otherwise;
(8) any act which is likely to interfere with the impartial discharge of duty or to give rise to the public impression that it might so interfere;
(9) accepting office in any political organisation, speaking at or conducting any political meeting or taking any other active part in the affairs of any political party;
(10) willfully refusing or neglecting to discharge any lawful debt;
(11) failing to work a beat in accordance with orders or leaving a beat, point or other appointed place of duty, without due permission or sufficient cause;
(12) by carelessness or neglect, permitting a prisoner to escape;
(13) failing, when knowing where any offender is to be found, to report the same or to make due exertions to bring him to justice;
(14) failing to report anything known concerning a criminal charge, or failing to disclose any evidence which the officer, or any other person within his knowledge, can give for or against any prisoner or defendant to a criminal charge;
(15) neglecting, or without good or sufficient cause, omitting to carry out any instructions of the Police Surgeon appointed under the Police Service Act, 2005 or, while absent from duty on account of sickness, any act or conduct calculated to retard or return to duty;
(16) willfully or negligently making any false, misleading or inaccurate statements;
(17) knowingly making or signing any false entry or
statement or any official document or book;
(18) without good and sufficient cause, destroying or
mutilating any official document or record or erasing or altering an entry therein;
(19) divulging any matter which it is an officer’s duty to keep secret;
(20) 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;
(21) without proper authority communicating to the public,
press or to any unauthorized person, any matter connected with the Service;
(22) without proper authority showing to any person
outside the Service any book or printed document, the property of The Bahamas Government;
(23) making any anonymous communication to the
Governor General, the Police Service Commission, the Commissioner or any superior officer;
(24) signing or circulating any petition or statement with regard to any matter concerning the Service, except through the proper channel of correspondence to the Commissioner;
(25) receiving and appropriating any bribe;
(26) failing to account for or to make prompt and true
return of any money or property received in an official capacity;
(27) using any unnecessary violence to any prisoner or other person in the execution of duty;
(28) feigning or exaggerating any sickness or injury with a view to evading duty;
(29) absence from duty without leave for twenty-four (24) hours or more without reasonable excuse;
(30) willfully or by carelessness causing any waste, loss or damage to any article of clothing or accouterment, or to any book, document, or other property of The Bahamas Government, issued to the officer or used by him or entrusted to his care;
(31) failing to report any damage to any property referred to in subparagraph 30, however caused;
(32) while reporting for duty, being unfit through drink;
(33) without the consent of an officer of or above the rank of Inspector, drinking or receiving from any other person, any intoxicating liquor while on duty;
(34) being found guilty by a court of law of a criminal offence;
(35) habitual inattention or neglect or apathy in the discharge of duty;
(36) any act, conduct or neglect of a major nature which is contrary to the discipline, good order and guidance of the Service, whether or not such act, conduct or neglect shall have been in the execution of duty; or
(37) drug abuse.
POLICE CIVILIANS
Minor offences 4. The following are minor offences for which police civilians may re: police be disciplined in accordance with these Regulations-
civilians. (1) idling or gossiping while on duty;
(2) using obscene, abusive or insulting language towards any member of the Service;
(3) omitting to make any necessary entry in any official document or book;
(4) canvassing any member of the Police Service Commission, the House of Assembly or Senate with
regard to any matter concerning the Service;
(5) calling or attending any meeting to discuss any matter concerning the Service not being a meeting authorized by a superior officer;
(6) directly or indirectly soliciting or receiving any gratuity, present, subscription or testimonial without the consent of the Commissioner;
(7) improper use of the position of a police civilian for private advantages;
(8) in his capacity as a member of the Service, writing, signing or giving without the sanction of the Commissioner any testimonial of character or any other recommendation with the object of obtaining employment for any person or of supporting an application for the grant of a licence of any kind;
(9) without the sanction of the Commissioner supporting the grant of a licence of any kind;
(10) incivility to any member of the public;
(11) conniving at or knowingly being an accessory to any offence against discipline;
(12) directly or indirectly taking part in any commercial undertaking without permission of the Commissioner of Police;
(13) driving a government vehicle without a valid licence or authority of the Commissioner.
Major 5. The following are major offences for which police civilians
offences may be disciplined in accordance with these Regulations -
re: police (1) misconduct, which includes any act contrary either to
civilians. specific rules or regulations or against the general interest to the efficient operation of the Police Service;
(2) acting in a disorderly manner or any manner prejudicial to discipline, or reasonable likely to bring discredit to the reputation of the Service;
(3) insubordination by word, act or demeanor;
(4) oppressive or tyrannical conduct toward an inferior in rank;
(5) willfully or negligently making any false complaint or statement against any member of the Service;
(6) assaulting any member of the service;
(7) disobeying, or without good and sufficient cause, omitting or neglecting to carry out any lawful order, written or otherwise;
(8) any act which is likely to interfere with the impartial discharge of duty or to give rise to the public impression that it might so interfere;
(9) engaging in political activities, which may be defined
as -
(a) adoption as a candidate for election to the
House of Assembly;
(b) holding office in a political party or organisation;
(c) speaking in public on matters of national
political controversy;
(d) expressing views on such matters in letters to
the media, or in books, articles or leaflets or by broadcasting or on television;
(e) canvassing or distributing pamphlets on behalf
of a candidate or political party;
person against whom any warrant or summons
s;
(28) any act, conduct or neglect of a major nature which is contrary to the discipline, good order and guidance of the Service, whether or not such act, conduct or neglect shall have been in the execution of duty.
PART III
POLICE DISCIPLINARY TRIBUNAL
Establishment 6. There shall be established the Police Disciplinary Tribunal, herein after referred to as “the Tribunal”, which shall such functions as are prescribed by these Regulations.
of Disciplinary
Tribunal.
Composition 7. The Tribunal shall consist of –
of Tribunal. (a) a Chairman who shall be a member of The Bahamas Bar of at least five years standing;
(b) a member of the Police Complaints Authority (“the
Authority”) nominated by the Authority, being a
member who has not been concerned with the case; and
(c) a police officer of or above the rank of Assistant Superintendent where the defendant is a police officer, or the Director of Human Resources of the Police Service (or his nominee) where the defendant is a police civilian.
Powers of 8.(1) Where the Commissioner or the Authority prefers a major
Tribunal. disciplinary charge against a police officer or a police civilian, it shall be the duty of the Tribunal -
(a) to hear the charge;
(b) to take evidence on oath or affirmation;
(c) to summon a person to appear before it to give
evidence and to produce documents, if any;
(d) to adjourn the proceedings from time to time;
(e) to determine the guilt or innocence of the
accused;
(f) to acquit; or
(g) upon conviction, to impose a penalty or make
a recommendation to the Commissioner or to the Police Servic Commission respectively regarding any penalty which may be imposed in accordance with these Regulations.
(2) The Tribunal may, at any time during the course of any
proceeding before it, refer a matter arising in the proceeding to the Police Complaints Authority for investigation.
(3) The Tribunal may, at any stage in a proceeding before it, on
such terms as are just, make such amendment as it thinks necessary to correct any defect or error in the proceedings and all amendments shall be made for the purpose of determining the real questions in controversy or otherwise depending on the proceeding.
(4) The decision of the Tribunal as to whether the accused is
guilty of the charge may be a majority decision.
(5) The function of determining any recommendation regarding
any penalty which may be imposed in accordance with these Regulations shall be discharged by the Chairman after consultation with the other members.
Power to 9.(1) Any complaint of an offence against police discipline or
discipline other misconduct enumerated in these Regulations committed by a police officer
police officers or police civilian to which proceedings are not instituted in a criminal court shall
and civilians be the subject of an inquiry by the Tribunal in accordance with these Regulations.
(2) Paragraph (1) shall not apply to any complaint made against
the Commissioner or Deputy Commissioner or any person acting in either of those offices.
Method of 10.(1) Any police officer of or above the rank of Assistant
dealing with Superintendent of Police found guilty of an offence or other misconduct may be
senior police punished by the Governor-General acting in accordance with the advice of
officer. of the Police Service Commission by any one or combination of the following
punishments, namely -
(a) dismissal;
(b) resignation;
(c) reduction in rank or seniority;
(d) fine not exceeding one month’s pay;
(e) withholding of increment;
(f) deferment of increment;
(g) severe reprimand; and
(h) reprimand;
and any inspector or chief inspector found guilty of such offence or misconduct may be so punished by any one of the punishments set out in paragraphs (a) to (c) inclusive or may be punished by the Commissioner by one or more of the punishments set out in paragraphs (d) to (h) inclusive of this paragraph.
(2) The power to remove and to exercise disciplinary control
over persons holding or acting in the offices of or above the rank of Assistant Commissioner or the Director of Human Resources in the Police Service is vested in the Governor-General acting in accordance with the advice of the Police Service Commission after consultation with the Prime Minister.
Method of 11.(1) Any contracted police officer who is guilty of any of the
dealing with minor offences against police discipline enumerated in these Regulations shall on
contracted conviction by a police officer of or above the rank of inspector authorised in
police officers. writing by the Commissioner to try minor offences, be punished for each offence by such officer by any one or any combination of the following punishments -
(a) fine not exceeding two (2) days pay;
(b) extra duty or fatigue duty not exceeding eight (8) hours;
(c) reprimand;
(d) admonishment.
(2) If any contracted police officer feels himself aggrieved by
any decision or any punishment may appeal within seven (7) days in writing to the Commissioner who shall allow or dismiss the appeal and may vary the punishment.
(3) Any contracted police officer who is found guilty of any of
the major offences against police discipline made under these Regulations may, on conviction thereof by the Tribunal, be punished by any one or any combination of the following punishments -
(a) dismissal;
(b) reduction in rank (in the case of a sergeant or
corporal) or reduction in seniority or both;
(c) a fine of up to seven (7) days’ pay;
(d) severe reprimand;
(e) extra duties, parades or extra fatigue duties;
(f) reprimand;
(g) admonishment:
Provided that the punishment of dismissal or reduction in rank may be
imposed only by the Commissioner.
(4) Any contracted police officer who feels himself aggrieved
by any decision or punishment imposed by the Tribunal may appeal within seven (7) days in writing to the Commissioner who shall allow or dismiss the appeal and may vary the punishment.
(5) Any police officer who feels himself aggrieved by a decision
of the Commissioner may appeal within fourteen (14) days in writing to the Governor-General who, acting in accordance with the advice of the Police Service Commission, shall allow or dismiss the appeal and may vary the punishment.
Method of 12(1) Any police civilian who is guilty of any of the minor
dealing with offences against discipline enumerated in these Regulations shall on conviction
police civilians. by the Director of Human Resources or his nominee authorised in writing by the Commissioner to try minor offences, be punished for each offence by any one or any combination of the following punishments -
(a) fine not exceeding two (2) days pay;
(b) extra duty not exceeding eight (8) hours;
(c) reprimand;
(d) admonishment.
(2) Any police civilian who feels himself aggrieved by any
conviction or any punishment may appeal within seven (7) days in writing to the Commissioner who shall allow or dismiss the appeal and may vary the punishment.
(3) Any police civilian who is found guilty of any of the major
offences against discipline made under these Regulations may, on conviction thereof by the Tribunal, be punished by any one or any combination of the following punishments -
(a) dismissal;
(b) reduction in grade or in seniority or both;
(c) a fine of up to seven (7) days’ pay;
(d) severe reprimand;
(e) extra duties;
(f) reprimand;
(g) admonishment:
Provided that the punishment of dismissal or reduction in grade or
seniority may be imposed only by the Commissioner.
(4) Any police civilian who feels himself aggrieved by any
conviction or punishment imposed by the Tribunal may appeal within seven (7) days in writing to the Commissioner who shall allow or dismiss the appeal and may vary the punishment.
(5) Any police civilian who feels himself aggrieved by a
decision of the Commissioner may appeal within fourteen (14) days in writing to the Governor-General who, shall allow or dismiss the appeal and may vary the punishment.
Suspension 13(1) Any police officer or police civilian who is charged with a
and major offence enumerated in these Regulations, may be suspended or interdicted
interdiction. by the Commissioner from the exercise of his duties as a member of the Service
until the charge has been fully disposed of, but shall nevertheless remain subject to the discipline of the Service.
(2) A police officer of or above the rank of inspector shall not
be interdicted or suspended without the prior approval of the Governor-General acting in accordance with the advice of the Police Service Commission.
(3) Notwithstanding paragraph (1) where a complaint under the
Police Complaints Authority Act, 2005 has been made in relation to a major disciplinary offence enumerated in these regulations, the Commissioner may, where he deems it necessary, suspend such member of the Service against whom such complaint
has been made pending the outcome of an investigation.
(5) Where any member of the Service is suspended, he shall, during
the period of such suspension, receive the full amount of his salary and any other allowances and other emoluments to which he may be entitled.
(6) Any police officer or police civilian who has been interdicted
under this regulation shall, during the period of interdiction, receive one-half of his salary together with the full amount of any other allowances and other emoluments to which he may be entitled.
(7) Where the proceedings do not result in any conviction or
punishment against any such member of the Service, he shall be entitled to receive the full amount of his salary which he would have received if he had not been interdicted.
(8) Where, following proceedings, any conviction or punishment is recorded or awarded, such member of the Service shall not be entitled to any part of his salary stopped under this regulation unless the Commissioner otherwise directs.
Fines, etc. 14. Fines, penalties, forfeitures and stoppages imposed under
to be deducted. this regulation upon any member of the service for any offence against discipline, shall be enforced by deducting the amount from any salary, allowances or emoluments due, or which may become due, to the offender.
Procedure 15(1) In a proceeding before the Tribunal, the procedure of the
generally Tribunal is, subject to these regulations, within the discretion of the Tribunal.
before (2) A proceeding before the Tribunal shall be conducted with as
Tribunal. little formality and technicality and with as much expedition as the requirements of these regulations and a proper consideration of the matter before the Tribunal permits.
(3) All proceedings before the Tribunal shall be completed
within twelve (12) months from the date of commencement of the hearing:
Provided that if the circumstances giving rise to a delay are as such, the
Tribunal may, if it think it appropriate, continue such proceedings beyond the specified time.
(4) The Tribunal is not bound by any rules of evidence, but may
inform itself on any matter in such manner as it thinks appropriate.
Notice 16 (1) Any police officer or police civilian to be charged with a
of charge. major offence against discipline shall be supplied as soon as practicable with a copy of the charge or charges and informed of the date on which the hearing will be convened.
(2) Such charge or charges shall specify the time, date, place and particulars of the alleged offence. If the defendant requests further time to prepare his defence, he may be granted a maximum extension of seven (7) days from the date originally determined for the hearing.
(3) The Chairman shall ask the defendant whether he pleads guilty or not guilty to the charge or charges. A separate plea shall be taken on each charge and each plea shall be recorded.
(4) Whenever any such police officer or police civilian pleads
not guilty, it shall be the duty of the Tribunal to investigate the charge or charges and to record the evidence of the witnesses.
(5) The Tribunal shall give the defendant the opportunity to question the witnesses, give evidence on his own behalf and call witnesses for his defence. Should the evidence not satisfy the Tribunal that such charge or charges have been proved, the charge shall be dismissed and the findings forwarded to the Commissioner and the Police Complaints Authority respectively.
(6) If the Tribunal is satisfied that the charge or charges have
been proved, the Tribunal shall record its findings and, after giving the defendant an opportunity to say anything he may wish in mitigation or in extenuation, it shall consider the defendants record of service, any mitigating circumstances, and impose such punishment as it is empowered to impose under these regulations.
(7) Where the Tribunal considers that the offence merits a more severe punishment than it is empowered to impose, or if the defendant is of the rank of an Inspector or above, it shall forward its findings and all the evidence recorded to the Commissioner for sentencing accordingly.
(8) Where a police officer of or above the rank of Inspector is found guilty of a major offence against police discipline or other serious misconduct which in the opinion of the Commissioner justifies a more severe punishment than he is empowered to impose, he shall forward the record of evidence and the findings of the Tribunal to the Police Service Commission, through the Secretary to the Cabinet with his recommendations.
Representation 17. At the hearing of a proceeding before the Tribunal, the Tribunal
of parties. may, if it is satisfied that there are special circumstances that justify it inso doing,
doing, grant leave to a person involved in the proceedings to appear in person or be represented before the Tribunal by a legal practitioner or by some other person, and where leave is so granted, such person or his representative may take such part in the proceeding as the Tribunal permits.
Arrest of 18.(1) Every member of the Service accused of any disciplinary
accused failing offence shall be entitled to be present during the whole of his proceedings unless
to attend he so conducts himself as to render the continuance of the proceedings in his
hearing. presence impossible.
(2) Where a member of the Service accused of any disciplinary
offence fails without reasonable cause to attend proceedings as required, the Chairman may issue a warrant for the apprehension of such person.
(3) The Tribunal may, in its discretion, allow any part of any
hearing to take place in the absence of the accused with the consent of the accused, and may permit the accused to be absent in such case upon such terms as it thinks proper.
Arrest of 19. Where a person who has been summoned before the
witnesses Tribunal as a witness in proceedings fails to attend as required by the summons,
failing to the Chairman may, upon being satisfied that the summons had been duly served
attend and that reasonable expenses had been paid or tendered to the person, issue a
hearing. warrant for the apprehension of the person.
Procedure 20.(1) Any complaint of a minor offence against discipline or other
for minor minor misconduct made against a police officer of or above the rank of
offences. Inspector shall be reported to the Commissioner, who may cause such inquiries
to be made as he deems fit.
(2) Any police officer of or below the rank of Sergeant and
any police civilian charged with a minor offence against discipline shall be dealt with summarily in accordance with these Regulations.
(3) The charge or charges against the defendant in minor disciplinary offences shall specify the time, date, place and particulars of the alleged offence. Each charge shall be read over to the defendant by the presiding officer who shall ensure that it is understood by the defendant. The defendant shall be asked by the presiding officer whether he pleads guilty or not guilty. A separate plea shall be recorded for each charge.
(4) Where the defendant pleads not guilty to a charge, the presiding officer shall hear the evidence for and against the defendant. If the evidence does not satisfy the presiding office that the charge has been proved, he shall dismiss the case, record his findings and inform the defendant accordingly.
(5) Where the defendant pleads guilty to a charge or if the presiding officer is satisfied after hearing all the evidence that the charge or charges have been proved, he shall record the plea or finding as the case may be and, after giving the defendant the opportunity to say anything he may wish in mitigation or extenuation, the presiding officer shall consider the defendant’s record of service and any mitigating circumstances and may then impose such punishment as he is empowered to impose under these Regulations. The sentence shall be recorded by the presiding officer who shall inform the defendant accordingly.
(6) In this regulation “presiding officer” means the Director of Human Resources of the Public Service or his nominee.
Procedure 21.(1) All evidence in disciplinary Proceedings shall be taken on
generally. oath or affirmation and recorded by the Chairman or the presiding officer. Copies
of documentary evidence to be introduced at disciplinary proceedings shall be
supplied with the written details of the charge or charges. Cross-examination of any witness may be conducted by the Chairman or the presiding officer, the defendant or by any officer appointed to present the case for the prosecution.
(2) If the defendan