Police Complaints Authority

The Police Complaints Authority is established by the Police Complaints Authority Act (Cap. 17:02, Act No. 9 of 1989) and consists of one person, appointed by the President from among persons who have been, who are, or who are qualified to be, a Puisne Judge of the High Court [s. 3(1)]. The President determines the terms and conditions of the appointment and the place of the headquarters [s. 3(2) and (3)]; the Act sets no term of office and states no ground or procedure for removal.

If the President is satisfied that the holder is personally interested in a complaint or an investigation, the President may appoint an ad hoc Authority for that matter [s. 4]. The Authority is assisted by a panel of two persons appointed by the President, whose views it must consider [s. 17], and the Minister provides a Secretary and other officers and employees [s. 6]. In exercising its functions the Authority is not subject to the direction or control of any other person or authority [s. 18].

A person with reasonable grounds to believe that a member of the Force is guilty of misconduct may complain to the Authority; the Authority may reject a complaint (as frivolous, outside its remit or unduly delayed, after hearing the complainant) or refer it to the Commissioner of Police for investigation and inquiry under the Police (Discipline) Act, comments on the investigating officer's report before a decision to charge, and comments on the inquiry report before any punishment is imposed, and the disciplinary authority or the Police Service Commission must take those comments into account [ss.

8 and 9]. It may direct the officer in charge of a police station to record and investigate a complaint that was not recorded [s. 10].

For complaints or information that a member of the Force has unlawfully caused a death or committed specified offences, the Authority supervises the investigation, may ask the Commissioner to replace the investigating officer, is sent copies of statements and documents as they are produced, and sends the Director of Public Prosecutions a statement on whether the investigation was conducted to its satisfaction, copied to the Minister and the Commissioner [ss. 12 to 15].

A member of the Force other than the Commissioner who, without lawful excuse, fails to comply with a direction or request of the Authority is deemed to be guilty of misconduct under the Police (Discipline) Act [s. 11]. The Authority may inspect any place where an alleged act is said to have been committed [s. 19].

Within three months after each calendar year it reports to the Minister, who lays the report before the National Assembly with any explanation that the Minister, the Director of Public Prosecutions or the Commissioner may offer [s. 23].