Do the investigators for Police Complaints Authority have legal authority to investigate disciplinary offences?

Dear Editors

 

I read with great interest Kaieteur News report of Monday, June 1, captioned, ‘Police Complaints Authority gets own investigative team -Retired cops, former army captain appointed.’

There is a grey area that needs to be cleared up in relation to the investigation of offences against discipline under the Police (Discipline) Act Chapter 17: 01.

Section 5 (1) of the Act states:

“Every alleged commission of an offence against discipline under the Act shall be investigated as soon as possible by a member of the Force not below the rank of sergeant and of a higher rank than the member of the Force who is alleged to have committed the offence.”

The appointed investigators cannot come into play with their former ranks. I did not see or hear any announcement that the Police Service Commission or the Commissioner of Police promoted/ appointed them to the rank of sergeant or above.

The vexed question is whether there is any law giving the newly appointed investigators the legal authority to conduct an investigation of offences against discipline as stipulated in the Police (Discipline) Act Chapter 17:01, whether or not a complaint was made to the Police Complaints Authority. Perhaps the law was enacted some time ago. Please enlighten me.

Could someone please make it pellucid to me, an ordinary layman with some interest in the Police Force what is legally taking place at the Police Complaints Authority in relation to investigation of discipline that falls within the ambit of Section 4 of the Police (Discipline) Act Chapter 17.01?

 

Yours faithfully
Clinton Conway
Assistant Commissioner
of Police (rtd)