Revised Laws of Saint Lucia (2021)

Schedule

POLICE ASSOCIATION RULES

(Section 41)

PART 1

1.   Constitution

The Police Association shall consist of all police officers below the rank of cadet officer and the Association shall act through Branch Boards and a Central Committee as hereinafter provided. (Amended by S.I. 15/1969 and 17/1969)

2.   Branch Boards

1.  

   (1)   There shall be constituted a Branch Board for each of the ranks of inspectors, station sergeants, sergeants, corporals and constables.

1.  

   (2)   The Branch Board of any rank shall consist of 5 elected members. However, where the number of the rank does not exceed 5, all members of the rank shall form the Branch Boards. However, in the case of the constables the Branch Board shall consist of 7 elected members of whom at least one shall be a woman. (Amended by S.I. 15/1969 and 17/1969)

3.   Right to Vote

Subject as aforesaid, every police officer of the rank of inspector, station sergeant, sergeant, corporal and constable shall have the right to vote at the election of the Branch Board for that rank. (Amended by S.I. 15/1969 and 17/1969)

4.   Elections and Annual Meetings

The elections shall take place annually in the month of February and the annual meetings of the Branch Boards shall be held not later than 15 March in each year.

5.   Representation of Branch Board

A Branch Board in addition to submitting any representation to the Commissioner of Police may submit it also to the Governor General.

6.   Central Committee

1.  

   (1)   There shall be constituted a Central Committee consisting of 9 members namely—one inspector, one station sergeant, one sergeant, 2 corporals, 4 constables (at least one of whom shall be a woman) to be elected in the manner hereinafter set out. (Amended by S.I. 17/1969 and 15/1969)

1.  

   (2)   The members of each Branch Board shall at the annual meeting by ballot, elect from among their numbers the members of the Central Committee.

1.  

   (3)   The Central Committee may submit representations in writing to the Commissioner of Police and to the Governor General, and shall consider and report upon any matter referred to them by the Commissioner of Police or the Governor General.

7.   Tenure of office of members

Members of a Branch Board or the Central Committee shall hold office until the Branch Board or the Central Committee for the succeeding year has been elected.

8.   Officers

Each Branch Board and the Central Committee shall, by ballot, choose its chairperson and its secretary from among its own members.

9.   Chairperson to have casting vote

The chairperson at any meeting of a Branch Board or the Central Committee at which he or she is present shall record a second or casting vote.

10.   Power of Branch Board and Central Committee to regulate own procedure

Subject to the provisions of these rules, every Branch Board or Central Committee may regulate its own procedure including the appointment of the committees and sub-committees.

11.   Meetings

1.  

   (1)   Branch Boards may hold 3 meetings in each year including the annual meeting, each lasting not more than a day, but additional meetings for any special purpose may be held with the consent of the Commissioner of Police.

1.  

   (2)   The Central Committee may hold meetings once in every 2 months, each lasting not more than 2 days, but additional meetings for special purposes may be held with the consent of the Governor General.

12.   Elections

All elections shall be by secret ballot under the supervision of a gazetted officer of the Force or a justice of the peace, and the provisions for securing secrecy and freedom from interference in voting as set out in Part 2 of this Schedule shall apply in respect of all elections under this Schedule.

13.   Elector to give only one vote to any candidate

At any election under these rules each elector may give one vote for each of any number of candidates not exceeding the number to be elected.

14.   Filling of vacancies

On any vacancy occurring in a Branch Board, or in the Central Committee, during any year another member shall be elected as herein provided to fill the vacancy so occurring.

15.   Mode of making representations

Representations may be made by resolution or petition in writing submitted by the secretary to the Commissioner of Police and for the Governor General through the Commissioner of Police.

16.   Facilities for meetings

Except where, in special circumstances, a police officer is required for duty for which no substitute is available, leave shall be given for attendance at all such meetings duly held and every such attendance shall, as regards allowances and expenses be deemed to be an occasion of police duty.

PART 2

17.   Provisions for ensuring secrecy

1.  

   (1)   A person in attendance at the polling station or other place of voting shall maintain and aid in maintaining the secrecy of the voting in such station or place and shall not communicate, except for some purpose authorised by Law, before the poll is closed, to any person any information as to the name or other means of identification of any elector who has or has not applied for a ballot paper or voted at that station or place, and no such person and no person whatsoever shall interfere with or attempt to interfere with a voter when marking his or her vote, or otherwise attempt to obtain in the polling station or other place of voting information as to the candidate for whom any voter in such station or place is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station or other place of voting as to the candidate for whom any voter in such station or place is about to vote or has voted.

1.  

   (2)   Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper. A person shall not, directly or indirectly, induce any voter to display his or her ballot paper after he or she shall have marked the same so as to make known to any person the name of the candidate for or against whom he or she has so marked his or her vote.

1.  

   (3)   A person who acts in contravention of the provisions of this rule is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $100.

CHAPTER 14.01
POLICE ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Special Reserve Police Regulations – Section 53

(Statutory Instrument 85/1985)

Statutory Instrument 85/1985 .. in force 16 November 1985

ARRANGEMENT OF REGULATIONS

SPECIAL RESERVE POLICE REGULATIONS – SECTION 53

Commencement [16 November 1985]

1.   Citation

These Regulations may be cited as the Special Reserve Police Regulations.

2.   Definition

In these Regulations—

“Act” means the Police Act;

“Commissioner” means the Commissioner of the Royal Saint Lucia Police Force;

“constable” means a member of the Special Reserve below the rank of Corporal;

“defaulter” means any non-gazetted officer of the Special Reserve against whom a charge or complaint is made under these Regulations;

“gazetted officer” means any member of or above the rank of Assistant Superintendent;

“inspector” means a member of the Special Reserve holding the rank of inspector;

“member” means any member of the Special Reserve;

“Schedule” means Schedule to these Regulations;

“Senior Superintendent” means the Senior Superintendent of the Special Reserve;

“Special Reserve” means the Special Reserve Police established under section 44 of the Act;

“subordinate officer” means a sergeant or a corporal.

3.   Senior Superintendent

There shall be a Senior Superintendent of the Special Reserve whose office shall be at the Police Headquarters, Castries and who shall liaise with the Commissioner on all matters pertaining to the Special Reserve.

4.   Unform and Equipment

Every member shall be provided on enlistment with the same uniform and equipment as are worn by members of the Royal Saint Lucia Police Force except that the cap band is light grey in colour and the letters S.R.P. are displayed on the shoulder badge.

5.   Application for Uniform and Equipment

Application for uniform and equipment shall be made to the Commissioner through the Senior Superintendent.

6.   Certificate of Appointment and Identification Card

Every member shall be issued a certificate of appointment in the form set out in Schedule 1, and an identification card.

7.   Training

1.  

   (1)   Every member upon enlistment shall undergo a period of training of not less than 28 days as prescribed by the Senior Superintendent and the Commissioner.

1.  

   (2)   Every member shall be subject to Annual Refresher Courses of not less than 28 days as prescribed by the Senior Superintendent and the Commissioner.

8.   Promotion

1.  

   (1)   There shall be a Board comprising gazetted officers of the Special Reserve to assess the performance of members from the rank of constable to inspector and to make recommendations for their promotion.

1.  

   (2)   The names of members recommended for promotion by the Board shall be submitted to the Senior Superintendent and the Commissioner for their confirmation.

9.   Personal Records

It shall be the responsibility of the Senior Superintendent to ensure that proper personal records of every member are kept in his or her office.

10.   Contents of Personal Records

1.  

   (1)   The personal record of a member shall contain—

   1.  

      (a)     a personal description of the member;

   1.  

      (b)     his or her place and date of birth;

   1.  

      (c)     his or her marital status, name of spouse, number of children;

   1.  

      (d)     a record of his or her past service in any branch of Her Majesty's naval, military or air Forces;

   1.  

      (e)     a record of his or her service in any other Force or as an auxiliary;

   1.  

      (f)     a record of his or her past employment;

   1.  

      (g)     a record of whether he or she passed or failed to pass any qualifying examination at which he or she was a candidate;

   1.  

      (h)     a record of his or her service in the Special Reserve including particulars of all promotions, commendations, periods of illness, punishments other than cautions, the date of his or her ceasing to be a member with the reason, cause or manner thereof.

1.  

   (2)   A member shall, if he or she so requests, be entitled to inspect his or her personal record.

11.   Disciplinary Offences created by these Regulations

The disciplinary offences created by these Regulations are—

1.  

   (a)     discreditable conduct, that is to say, if an inspector, a subordinate officer or a constable acts in a disorderly manner or in any manner prejudicial to discipline or likely to bring discredit on the reputation of the Special Reserve;

1.  

   (b)     insubordinate or oppressive conduct, that is to say, if an inspector, a subordinate officer or a constable—

   1.  

      (i)     is insubordinate by word, act or demeanour,

   1.  

      (ii)     is guilty of oppressive or tyrannical conduct towards any member lower in rank,

   1.  

      (iii)     uses obscene, abusive or insulting language to any member,

   1.  

      (iv)     wilfully or negligently makes any false complaint or statement against any member,

   1.  

      (v)     assaults any member, or

   1.  

      (vi)     withholds any complaint or report against any member;

1.  

   (c)     disobedience to orders, that is to say, if an inspector, a subordinate officer or a constable disobeys or without good or sufficient cause omits or neglects to carry out any lawful order, written or otherwise;

1.  

   (d)     neglect of duty, that is to say, if an inspector, a subordinate officer or a constable—

   1.  

      (i)     unlawfully absents himself or herself from his or her duties without the permission of a superior officer,

   1.  

      (ii)     neglects, or without good or sufficient cause omits, promptly and diligently to attend to or carry out anything which is his or her duty as a member,

   1.  

      (iii)     smokes, idles or gossips while on duty,

   1.  

      (iv)     fails to work his or her beat in accordance with orders, or leaves his or her beat, traffic point, or other place of duty to which he or she has been ordered, without due permission or sufficient cause,

   1.  

      (v)     by carelessness or neglect permits a prisoner to escape,

   1.  

      (vi)     fails, when knowing where any offender is to be found, to report the same, or to make due exertions for making him or her amenable to justice,

   1.  

      (vii)     fails to report any matter which it is his or her duty to report,

   1.  

      (viii)     sleeps on his or her post or beat,

   1.  

      (ix)     fails to report anything which he or she knows concerning a criminal charge, or fails to disclose any evidence which he or she, or any person within his or her knowledge, can give for or against any prisoner or defendant to a criminal charge,

   1.  

      (x)     omits to make any necessary entry in any official document or book, or

   1.  

      (xi)     neglects, or without good or sufficient cause omits, to carry out the instructions of a Government medical officer following a medical examination or, while absent from duty on account of sickness commits any act or misconduct, calculated to retard his or her return to duty;

1.  

   (e)     making a false statement or falsifying and mutilating any book or document, that is to say, if an inspector, a subordinate officer or a constable—

   1.  

      (i)     wilfully or knowingly makes any false statement,

   1.  

      (ii)     knowingly makes or is privy or party to the making of any false entry, or with intent to mislead makes any alteration or erasure in any book or complaint, station diary, record, book, or other document kept in the normal course of official duty, or

   1.  

      (iii)     wilfully mutilates or destroys any book of complaint, station diary, record, book, return or other document kept in the normal course of duty;

1.  

   (f)     breach of confidence, that is to say, if an inspector, a subordinate officer or a constable—

   1.  

      (i)     divulges any matter which it is his or her duty to keep secret,

   1.  

      (ii)     gives 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,

   1.  

      (iii)     without proper authority communicates to the public, press or to any unauthorised person any matter connected with the Police Force or the Special Reserve,

   1.  

      (iv)     without proper authority shows any person outside the Police Force or the Special Reserve any book or printed document which is the property of the Police or Special Reserve authorities, or

   1.  

      (v)     makes any anonymous communication to the Senior Superintendent or any other superior officer;

1.  

   (g)     corrupt practice, that is to say, if an inspector, a subordinate officer or a constable—

   1.  

      (i)     receives any bribe,

   1.  

      (ii)     fails to account for or to make a prompt and true return of any money or property seized or received by him or her in his or her official capacity,

   1.  

      (iii)     without the knowledge and permission of the Senior Superintendent accepts directly or indirectly any gratuity, present or reward in respect of anything done in the discharge of the duties of his or her office,

   1.  

      (iv)     places himself or herself under pecuniary obligation to any person who holds a licence concerning the granting or renewal of which the police may have to report or give evidence, or

   1.  

      (v)     improperly uses his or her character and position as a member for his or her private advantage;

1.  

   (h)     unlawful or unnecessary exercise of authority, that is to say, if an inspector, a subordinate officer or a constable—

   1.  

      (i)     without good or sufficient cause makes any unlawful or unnecessary arrest, or

   1.  

      (ii)     uses any unnecessary violence to a prisoner or other person in the execution of his or her duty,

1.  

   (i)     malingering, that is to say, if an inspector, a subordinate officer or a constable feigns or exaggerates any sickness or injury with a view to evade duty,

1.  

   (j)     absence without leave or being late for duty, that is to say, if an inspector, a subordinate officer or a constable, without reasonable excuse is absent without leave from, or is late for, parade, court or any other duty,

1.  

   (k)     uncleanliness, that is to say, if an inspector, a subordinate officer or a constable, while on duty or while off duty in uniform in a public place is improperly dressed or is dirty or untidy in his or her clothing or equipment;

1.  

   (l)     damage to clothing, or other article supplied, that is to say, if an inspector, a subordinate officer or a constable—

   1.  

      (i)     wilfully or carelessly causes any waste, loss or damage to any arms, ammunitions, articles of clothing or equipment, uniform, or to any book, document or other property supplied to him or her, or used by him or her, or entrusted to his or her care, or to the care of any other member, or

   1.  

      (ii)     fails to report any loss or damage as above, however caused;

1.  

   (m)     drinking on duty or soliciting drink, that is to say, if an inspector, a subordinate officer or a constable—

   1.  

      (i)     drinks, or receives from any person, any intoxicating liquor while he or she is on duty, or

   1.  

      (ii)     demands, or endeavours to persuade any other person to give him or her any intoxicating liquor while he or she is on duty;

1.  

   (n)     entering licensed premises where liquor is stored or distributed while on duty, that is to say, if an inspector, a subordinate officer or a constable enters any premises licensed under the liquor licence laws, or any other premises where liquors are stored or distributed, when his or her presence there is not required in the execution of his or her duty;

1.  

   (o)     incurring debt without any reasonable prospect or intention of paying the same, or having incurred any debt, making no reasonable effort to pay the same;

1.  

   (p)     gambling or betting;

1.  

   (q)     breaking arrest or breaking out of barracks;

1.  

   (r)     appropriating to his or her own use, losing by neglect, or making away with any arms, ammunition, articles of clothing or equipment, uniform or other article supplied to him or her, or to any other member, or any Government property committed to his or her charge;

1.  

   (s)     cowardice.

12.   Investigation of Charges

When a charge or complaint is received from which it appears that a member may have committed a disciplinary offence the matter shall be referred to an investigating officer appointed by the Commissioner.

13.   Investigating Officer

The investigating officer shall be a member who holds a rank above the member against whom the charge or complaint is made.

14.   Personal Explanation

The investigating officer shall as soon as possible inform the member in writing of the charge or complaint and give him or her a written notice informing him or her that he or she is not obliged to say anything concerning the matter, but that he or she may if he or she desires, make a written or oral statement to the investigating officer or to the Commissioner concerning the matter.

15.   Reports and other documents to be submitted

The investigating officer shall submit without delay to the Commissioner the statements, reports and other documents relating to the charge.

16.   Discipline Form

1.  

   (1)   The Commissioner considering any statement, report or other document submitted by the investigating officer under regulation 15, shall decide whether the member shall be charged with an offence, and, if he or she decides that the member shall be so charged, he or she shall, as soon as possible, cause to be entered on a discipline form the offence with which the member is charged.

1.  

   (2)   A discipline form shall be in the Form set out in Schedule 2.

17.   Delegation of duties to Gazetted Officer

The Commissioner may delegate to a gazetted officer the duty of deciding whether a member shall be charged with an offence and where he or she delegates that duty, any reference in regulation 16 to the Commissioner shall be taken as reference to the gazetted officer.

18.   Documents to be supplied to defaulter

Where a member is charged with an offence, he or she shall, as soon as possible—

1.  

   (a)     be given a copy of any written statement which he or she may have made under regulation 14 and all written copies or accounts of any statement made by him or her under that regulation;

1.  

   (b)     be supplied with—

   1.  

      (i)     a copy of the discipline form,

   1.  

      (ii)     a copy of the charge or complaint on which the charge is found, and any reports thereon although they are confidential,

   1.  

      (iii)     a copy of the statement relating to the charge made by any witness to be called in support of the charge together with the witness's name and address,

   1.  

      (iv)     a copy of any statement relating to the charge made, by any person other than a witness to be called in support of the charge, to the investigating officer or to any person on his or her behalf, together with the person's name and address.

19.   Question in the Discipline Form to be answered by defaulter

1.  

   (1)   The defaulter shall be instructed to state in writing on the discipline form whether he or she admits or denies the charge.

1.  

   (2)   The defaulter shall be instructed to state in writing on the discipline form the names and addresses of any witnesses whose attendance at the hearing of the case he or she wishes the Commissioner to take steps to secure.

1.  

   (3)   Any witness who is a member shall be ordered to attend at the hearing of the case and any other witness shall be given due notice that his or her attendance is desired and of the time and place of the hearing.

20.   Procedure at Hearing

1.  

   (1)   The defaulter shall be ordered to appear at the hearing of the case.

1.  

   (2)   The case against the defaulter may be presented by a gazetted officer other than the Commissioner.

1.  

   (3)   If the defaulter does not admit the charge the hearing shall proceed as though he or she denied the charge.

1.  

   (4)   Before the case against the defaulter is presented, the defaulter may submit that the facts alleged in the charge are not such as to constitute the offence with which he or she is charged and the Commissioner if he or she upholds that submission shall dismiss the charge to which the submission relates.

1.  

   (5)   The defaulter may conduct his or her defence either in person or be represented by a member of equivalent or lower rank selected by himself or herself.

However, on an application made by the defaulter, the Commissioner may authorise a member of or below the rank of inspector to be the defaulter's representative.

If the defaulter is represented by another member, the defaulter as well as his or her representative may cross-examine the witness called in support of the case.

1.  

   (6)   A verbatim record of the proceedings at the hearing of the case shall be taken and a transcription of the record shall be made.

21.   Inadmissibility of personal explanation at hearing

A statement made by a member under regulation 14 or any oral or written account or copy of the statement shall not be admissible at any hearing unless the statement or a copy thereof is put in evidence at the hearing.

22.   Punishment

Every defaulter who commits a charge under these Regulations may be—

1.  

   (a)     cautioned or reprimanded;

1.  

   (b)     liable to a fine not exceeding $25; or

1.  

   (c)     reduced in rank;

1.  

   (d)     suspended or dismissed from the Special Reserve.

23.   Reference to defaulter's personal record in considering punishment

In considering the punishment to be imposed if any charge is found to be proved, regard shall be paid to the defaulter's record of service as shown on his or her personal record.

24.   Discipline Book

There shall be kept in the office of the Commissioner a discipline book in which shall be entered every charge made against a member together with the decision of the Commissioner thereon and a record of the decision in any disciplinary proceedings against the member.

Police Regulations – Section 59

(Statutory Instruments 22/1965, 7/1967, 11/1968, 24/1970, 17/1973, 8/1974 and 21/1993)

Statutory Instrument 22/1965 .. in force 1 October 1965

Amended by S.I. 7/1967 .. in force: Section 3: 1 January 1965

Remainder: 4 March 1967

Amended by S.I. 8/1966 .. in force 1 January 1966

Amended by S.I. 11/1968 .. in force 1 January 1968

Amended by S.I. 24/1970 .. in force 3 October 1970

Amended by S.I. 17/1973 .. in force 1 January 1970

Amended by S.I. 8/1974 .. in force 29 March 1973

Amended by S.I. 21/1993 .. in force 10 April 1993

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

PART 2
OFFENCES AND DISCIPLINE

PART 3
PAY AND ALLOWANCES

SUBSISTENCE ALLOWANCE

PART 4
LEAVE REGULATIONS

PART 5
MEDICAL TREATMENT

PART 6
MISCELLANEOUS

POLICE REGULATIONS – SECTION 59

Commencement [1 October 1965]

PART 1
PRELIMINARY

1.   Citation

These Regulations may be cited as the Police Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Police Act;

“Association” means the Police Association established under section 40;

“defaulter” means any inspector, subordinate officer or constable of the Force against whom a charge or complaint is made under these Regulations;

“Government medical officer” means a registered medical practitioner who holds a post in the government service or a registered medical practitioner to whom an inspector, subordinate officer or constable has been instructed by the police officer in charge of a police station to present himself or herself for medical examination;

“Schedule” means Schedule to these Regulations;

“standing orders” means the standing orders for the Force issued in writing by the Commissioner of Police and applicable to the Force as a whole;

“station area” means any local area policed from a police station.

PART 2
OFFENCES AND DISCIPLINE

3.   Disciplinary Offences created by these Regulations

The disciplinary offences created by this Part of these Regulations are—

1.  

   (a)     discreditable conduct, that is to say, if an inspector, subordinate officer or constable acts in a disorderly manner or in any manner prejudicial to discipline or likely to bring discredit on the reputation of the Force;

1.  

   (b)     insubordinate or oppressive conduct, that is to say, if an inspector, subordinate officer or constable—

   1.  

      (i)     is insubordinate by word, act or demeanour,

   1.  

      (ii)     is guilty of oppressive or tyrannical conduct towards an inferior in rank,

   1.  

      (iii)     uses obscene, abusive or insulting language to any police officer,

   1.  

      (iv)     wilfully or negligently makes any false complaint or statement against any police officer,

   1.  

      (v)     assaults any other police officer, or

   1.  

      (vi)     withholds any complaint or report against any police officer;

1.  

   (c)     disobedience to orders, that is to say, if an inspector, subordinate officer or constable disobeys or without good or sufficient cause omits or neglects to carry out any lawful order, written or otherwise;

1.  

   (d)     neglect of duty, that is to say, if an inspector, subordinate officer or constable—

   1.  

      (i)     unlawfully absents himself or herself from his or her station without the permission of a superior officer,

   1.  

      (ii)     neglects, or without good or sufficient cause omits, promptly and diligently to attend to or carry out anything which is his or her duty as a police officer,

   1.  

      (iii)     smokes, idles or gossips while on duty,

   1.  

      (iv)     fails to work his or her beat in accordance with orders, or leaves his or her beat, traffic point, or other place of duty to which he or she has been ordered, without due permission or sufficient cause,

   1.  

      (v)     by carelessness or neglect permits a prisoner to escape,

   1.  

      (vi)     fails, when knowing where any offender is to be found, to report the same, or to make due exertions for making him or her amenable to justice,

   1.  

      (vii)     fails to report any matter which it is his or her duty to report,

   1.  

      (viii)     sleeps on his or her post or beat,

   1.  

      (ix)     fails to report anything which he or she knows concerning a criminal charge, or fails to disclose any evidence which he or she, or any person within his or her knowledge, can give for or against any prisoner or defendant to a criminal charge,

   1.  

      (x)     omits to make any necessary entry in any official document or book, or

   1.  

      (xi)     neglects, or without good or sufficient cause omits, to carry out the instructions of a government medical officer following a medical examination or, while absent from duty on account of sickness commits any act or misconduct, calculated to retard his or her return to duty;

1.  

   (e)     making a false statement or falsifying and mutilating any book or document, that is to say, if an inspector, subordinate officer or constable—

   1.  

      (i)     wilfully or knowingly makes any false statement,

   1.  

      (ii)     knowingly makes or is privy or party to the making of any false entry, or with intent to mislead makes any alteration or erasure in any book of complaint, station diary, record, book or other document kept in the normal course of official duty, or

   1.  

      (iii)     wilfully mutilates or destroys any book of complaint, station diary, record, book, return or other document kept in the normal course of duty;

1.  

   (f)     breach of confidence, that is to say, if an inspector, subordinate officer or constable—

   1.  

      (i)     divulges any matter which it is his or her duty to keep secret,

   1.  

      (ii)     gives 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,

   1.  

      (iii)     without proper authority communicates to the public, press or to any unauthorised person any matter connected with the Force,

   1.  

      (iv)     without proper authority shows any person outside the Force any book or printed document the property of the police authorities, or

   1.  

      (v)     makes any anonymous communication to the Commissioner of Police or any other superior officer;

1.  

   (g)     corrupt practice, that is to say, if an inspector, subordinate officer or constable—

   1.  

      (i)     receives any bribe,

   1.  

      (ii)     fails to account for or to make a prompt and true return of any money or property seized or received by him or her in his or her official capacity,

   1.  

      (iii)     without the knowledge and permission of the Commissioner of Police accepts directly or indirectly any gratuity, present or reward in respect of anything done in the discharge of the duties of his or her office,

   1.  

      (iv)     places himself or herself under pecuniary obligation to any person who holds a licence concerning the granting or renewal of which the police may have to report or give evidence, or

   1.  

      (v)     improperly uses his or her character and position as a police officer for his or her private advantage;

1.  

   (h)     unlawful or unnecessary exercise of authority, that is to say, if an inspector, subordinate officer or constable—

   1.  

      (i)     without good or sufficient cause makes any unlawful or unnecessary arrest, or

   1.  

      (ii)     uses any unnecessary violence to any prisoner or other person with whom he or she may be brought into contact in the execution of his or her duty;

1.  

   (i)     malingering, that is to say, if an inspector, subordinate officer or constable feigns or exaggerates any sickness or injury with a view to evading duty;

1.  

   (j)     absence without leave or being late for duty, that is to say, if an inspector, subordinate officer or constable, without reasonable excuse is absent without leave from, or is late for, parade, court or any other duty;

1.  

   (k)     uncleanliness, that is to say, if an inspector, subordinate officer or constable, while on duty or while off duty in uniform in a public place is improperly dressed or is dirty or untidy in his or her person, clothing or equipment;

1.  

   (l)     damage to clothing, or other article supplied, that is to say, if an inspector, subordinate officer or constable—

   1.  

      (i)     wilfully or by carelessness causes any waste, loss or damage to any arms, articles of clothing or equipment, uniform, or to any book, document or other property supplied to him or her, or used by him or her, or entrusted to his or her care, or entrusted to the care of any other police officer, or

   1.  

      (ii)     fails to report any loss or damage as above however caused;

1.  

   (m)     drinking on duty or soliciting drink, that is to say, if an inspector, subordinate officer or constable—

   1.  

      (i)     without the consent of a superior officer drinks, or receives from any person, any intoxicating liquor while he or she is on duty, or

   1.  

      (ii)     demands, or endeavours to persuade any other person to give him or her any intoxicating liquor while he or she is on duty;

1.  

   (n)     entering licensed premises where liquor is stored or distributed while on duty, that is to say, if an inspector, subordinate officer or constable enters any premises licensed under the liquor licence laws, or any other premises where liquors are stored or distributed, when his or her presence there is not required in the execution of his or her duty;

1.  

   (o)     incurring debt without any reasonable prospect or intention of paying the same, or having incurred any debt, making no reasonable effort to pay the same;

1.  

   (p)     gambling or betting in barracks;

1.  

   (q)     breaking arrest or breaking out of barracks;

1.  

   (r)     appropriating to his or her own use, losing by neglect, or making away with any arms, ammunition, articles of clothing or equipment, uniform or other article supplied to him or her, or to any other police officer, or any Government property committed to his or her charge;

1.  

   (s)     breach of any Force standing orders;

1.  

   (t)     cowardice.

1.  

   4.   Any police officer who is found to be suffering from venereal disease shall be liable to be dealt with disciplinarily unless he or she has reported the same to the gazetted officer or inspector in charge of his or her station.

1.  

   5.   It is the duty of every police officer who contracts any venereal disease to report the same immediately to the gazetted officer or inspector in charge of his or her station who will ensure that he or she is seen immediately by a Government medical officer.

4.   Investigation of Charges

When a charge or complaint is received from which it appears that a police officer may have committed an offence against discipline the matter shall be referred to an investigating officer.

5.   Investigating Officer

The investigating officer shall be a police officer who holds a rank above such police officer against whom the charge or complaint was made.

6.   Personal Explanation

The investigating officer shall as soon as possible inform the police officer in writing of the charge or complaint and give him or her a written notice informing him or her that he or she is not obliged to say anything concerning the matter, but that he or she may, if he or she desires, make a written or oral statement to the investigating officer or to the Commissioner of Police concerning the matter.

7.   Reports and other documents to be submitted

The investigating officer shall submit without delay to the Commissioner of Police through the officer in charge of his or her station the statements, reports and other documents obtained during the investigation of the charge or complaint.

8.   Discipline Form

1.  

   (1)   The Commissioner of Police considering the report of the investigating officer and any statement, report or other document submitted made under regulation 7, shall decide whether the police officer shall be charged with an offence, and, if he or she decides that such police officer shall be so charged, he or she shall, as soon as possible, cause to be entered on a discipline form the offence with which the police officer is charged and such particulars as will leave such police officer in no doubt as to the precise nature of the alleged offence.

1.  

   (2)   A discipline form shall be in the Form set out in Schedule 1 or in a form to the like effect.

9.   Delegation of duties to Senior Deputy Superintendent

The Commissioner of Police may delegate the Deputy Commissioner the duty of deciding under the preceding regulation whether a police officer shall be charged with an offence and where he or she delegates such duty, any reference in regulation 8 to the Commissioner of Police shall be taken as reference to the Senior Deputy Superintendent. (Amended by S.I. 24/1970)

10.   Documents to be supplied to defaulter

Where a police officer is charged with an offence, he or she shall, as soon as possible—

1.  

   (a)     be given a copy of any written statement which he or she may have made under regulation 7 and all written copies or accounts of any statement made by him or her under the said regulation;

1.  

   (b)     be supplied with—

   1.  

      (i)     a copy of the discipline form,

   1.  

      (ii)     a copy of the charge or complaint on which the charge is found, and any reports thereon although they may be confidential,

   1.  

      (iii)     a copy of any statement relating to the charge made by any witness to be called in support of the charge together with the witness's name and address,

   1.  

      (iv)     a copy of any statement relating to the charge made, by any person other than a witness to be called in support of the charge, to the investigating officer or to any person on his or her behalf, together with the person's name and address.

11.   Question in the Discipline Form to be answered by Defaulter

1.  

   (1)   The defaulter shall be invited to state in writing on the discipline form whether he or she admits or denies the charge.

1.  

   (2)   The defaulter shall be invited to state in writing on the discipline form the names and addresses of any witnesses to relevant facts whose attendance at the hearing of the case he or she wishes the Commissioner of Police to take steps to secure.

1.  

   (3)   Any such witness who is a police officer shall be ordered to attend at the hearing of the case and any other such witnesses shall be given due notice that his or her attendance is desired and of the time and place of the hearing.

12.   Procedure at Hearing

1.  

   (1)   The defaulter shall be ordered to appear at the hearing of the case.

1.  

   (2)   The case against the defaulter may be presented by a police officer other than the Commissioner of Police.

1.  

   (3)   If the defaulter does not admit the charge, the hearing shall proceed as though he or she denied the charge.

1.  

   (4)   Before the case against the defaulter is presented, the defaulter may submit that the facts alleged in the charge are not such as to constitute the offence with which he or she is charged and the Commissioner of Police if he or she upholds that submission shall dismiss the charge to which the submission relates.

1.  

   (5)   The defaulter may conduct his or her defence either in person or by a police officer of equivalent or lower rank as his or her friend and selected by himself or herself on his or her behalf.

However, on an application made by the defaulter, the Commissioner of Police may authorise a police officer of or below the rank of Inspector to be the defaulter's friend.

In addition, if the defaulter is represented by another police officer the defaulter as well as his or her representative may cross examine the witnesses called in support of the case against him or her.

1.  

   (6)   A verbatim record of the proceedings at the hearing of the case shall be taken and a transcription of the record shall be made if the defaulter desires to appeal to the Commissioner of Police or to the Governor General.

13.   Inadmissibility of personal explanation at hearing

A statement by a police officer under regulation 6 or any oral or written account or copy of any such statement shall not be admissible at any hearing unless the statement or account or copy thereof is put in evidence at the hearing.

14.   Decision of Gazetted Officer inquiring into case

The decision of the officer hearing the case shall be either to dismiss the case or to impose any of the punishments in accordance with section 28(1).

15.   Reference to defaulter's personal record in considering punishment

In considering which punishment should be imposed if any charge is found to be proved, regard shall be paid to the defaulter's record of police service as shown on his or her personal record.

16.   Discipline Book of commissioner of Police

There shall be kept in the office of the Commissioner of Police a discipline book in which shall be entered every charge made against a police officer together with the decision of the Commissioner of Police thereon and a record of the decision in any further disciplinary proceedings in connection therewith.

PART 3
PAY AND ALLOWANCES

17.   Increments

1.  

   (1)   When an inspector, subordinate officer or constable is on an incremental scale of pay, the gazetted officer in charge of the station shall, one month before the annual increment becomes due for payment, consider whether he or she can sign the certificate to the effect that the inspector, subordinate officer or constable has served with efficiency, diligence and fidelity during the past year.

1.  

   (2)   If the gazetted officer in charge of the station is able to recommend the grant of the increment to such inspector, subordinate officer or constable, he or she shall sign the certificate to this effect and submit it in duplicate to the Commissioner of Police for approval.

1.  

   (3)   When the certificate is signed and approved, the original certificate shall be attached to the next pay voucher on which pay is authorised and shall constitute authority for payment of the increment and the duplicate shall be retained by the Commissioner of Police for attachment to the record of the inspector, subordinate officer or constable.

1.  

   (4)   If for any reason the gazetted officer in charge of the station is unable to recommend the grant of the increment to such inspector, subordinate officer or constable, he or she shall so inform the Commissioner of Police giving detailed reasons and submitting his or her recommendations as to whether the increment due should be suspended, deferred or stopped in accordance with the provisions of the Act.

1.  

   (5)   If the Commissioner of Police approves the recommendation of the gazetted officer in charge of the station that the increment be withheld, the increment shall be suspended, deferred or stopped for such period as the Commissioner of Police may decide and the inspector, subordinate officer or constable shall be informed of the decision and given the detailed reasons thereof.

However, any inspector, subordinate officer or constable who is dissatisfied with any decision given in his or her case under this paragraph shall have the right of appeal to the Governor General.

18.   Uniform Allowance

1.  

   (1)   Uniform allowance shall be paid to gazetted officers and inspectors at the following rates—

   Gazetted officers	$360 per year
   Inspectors	$300 per year.

1.  

   (2)   Gazetted officers and inspectors on first appointment to their respective ranks shall receive a free issue of uniform described in the standing orders of the Force at the public expense. (Amended by S.I. 24/1970)

19.   Detective Allowance

Inspectors, subordinate officers and constables who are appointed to duties as detectives in the detection of crime shall be eligible to receive a detective allowance at the rate of $240 per annum.

20.   Plain Clothes Allowance

Inspectors, subordinate officers and constables who are appointed to duties as detectives in the detection of crime shall be eligible to wear plain clothes while on detective duty and to receive a plain clothes allowance at the rate of $180 per annum. (Amended by S.I. 11 of 1968 and 24/1970)

21.   Fees for Special Duties

1.  

   (1)   Inspectors, subordinate officers and constables who are assigned to special duties in connection with private functions including dances, cinemas, race meetings and games or in a ship at the request of the captain or agent shall be eligible to receive payment at the following rates—

   (a)	Inspectors
   	Between the hours of—
   	(i)	6:00 a.m. and 6:00 p.m.	$12 for each hour or part thereof;
   	(ii)	6:00 p.m. and midnight	$15 for each hour or part thereof;
   	(iii)	Midnight and 6:00 a.m.	$20 for each hour or part thereof;
   (b)	Subordinate officers
   	Between the hours of—
   	(i)	6:00 a.m. and 6:00 p.m.	$10 for each hour or part thereof;
   	(ii)	6:00 p.m. and midnight	$13 for each hour or part thereof;
   	(iii)	Midnight and 6:00 a.m.	$18 for each hour or part thereof;
   (c)	Constables
   	Between the hours of—
   	(i)	6:00 a.m. and 6:00 p.m.	$8 for each hour or part thereof;
   	(ii)	6:00 a.m. and midnight	$12 for each hour or part thereof;
   	(iii)	Midnight and 6:00 a.m.	$17 for each hour or part thereof;

1.  

   (2)   Such duties shall only be assigned to inspectors, subordinate officers and constables who are off duty or are on rest day and shall not be performed by inspectors, subordinate officers and constables in barracks.

(Inserted by S.I. 21/1993)

22.   Allowance to Band Apprentices

There shall be paid to a band apprentice an allowance of $480 per year. (Inserted by S.I. 7/1967)

SUBSISTENCE ALLOWANCE

23.   Rates of Subsistence Allowance

1.  

   (1)   Subsistence allowance shall be payable to members of the Force when absent from their stations outside the station area on duty or within the station area in circumstances which in the discretion of the Commissioner of Police justify the payment of subsistence allowance at the following rates—

   1.  

      (a)     In the Island—

      1.  

         (i)     officers whose salaries are not less than $10,200 per year—$18 per night,

      1.  

         (ii)     officers whose salaries are less than $10,200 per year—$15 per night,

      1.  

         (iii)     officers whose salaries are $6,300 per year and less—$10 per night;

   1.  

      (b)     periods in excess of 24 hours are to be calculated on a percentage basis;

   1.  

      (c)     subsistence should be paid on the basis of 6 hour blocks, each block calculated as ¼ of the rates stated above.

(Amended by S.I. 8/1966; Substituted by S.I. 8/1974)

1.  

   (2)   For the purpose of the preceding paragraph, a period exceeding hours may be reckoned as a “day” and a period of 18 hours as “day and night”.

24.   Rural Constables Pay

A rural constable called out for duty shall receive for every day or part thereof, the sum of $4.50 from the Treasury, payment of which shall be authorised by the Commissioner of Police.

25.   Removal Expenses

1.  

   (1)   The actual reasonable out of pocket expenses of a police officer who is removed from one police station to another, whether on promotion or otherwise, shall be paid by the Government, unless the removal is at the police officer's request and police transport is not available.

1.  

   (2)   The aforesaid expenses may include the transport expenses of such police officer's wife and children, furniture and other household effects. However, transportation expenses will only be paid in cases where police transport was not available.

PART 4
LEAVE REGULATIONS

26.   Leave

Leave will be granted to police officers where the exigencies of the service permit as set out hereunder.

27.   Vacation leave

1.  

   (a)     Members of the Force whose salaries do not exceed $4,800 per year are eligible for 15 days per year, 5 days of which must be taken during the calendar year.

1.  

   (b)     Members of the Force who are in receipt of salary from $5,100 to $7,320 per year are eligible for 21 days per year, 7 days of which must be taken during the calendar year.

1.  

   (c)     Members of the Force who are in receipt of salary of $7,600 and over are eligible for 27 days per year, 9 days of which must be taken during the calendar year.

1.  

   However, leave accumulations up to 30 June 1970, shall be automatically reduced by ¹/₆.

1.  

   In addition, a member of the Force shall not be granted more than 75 working days leave in any one year, except where such leave is granted on final termination of service when he or she may be granted up to 150 working days leave.

1.  

   (Substituted by S.I. 24/1970)

28.   Leave Passages

1.  

   (1)   A subordinate officer, inspector or gazetted officer joining the Force after 1 January, 1970 shall not obtain any rights to leave passages.

1.  

   (2)   A subordinate officer whose salary is below $4,801 per year, on the basis of the pre-revision categorization shall not obtain any rights to overseas leave passages.

1.  

   (3)   A subordinate officer or inspector whose present salary is between $5,100—$7,320 per year on the basis of the pre-revision categorisation shall not hereafter obtain any rights to leave passages outside the Caribbean.

1.  

   (4)   A gazetted officer whose salary is $7,680 per year and above, and a subordinate officer or inspector whose salary is within the range $5,100 to $7,320 per year should at any time after completion of a 4-year tour but not later than 31 December 1973, be eligible on one occasion for leave passages within the Caribbean.

1.  

   (5)   A gazetted officer whose salary at 1 January 1970 was $7,680 per year or over, and who, at that date had completed a minimum tour of 4 years, and was eligible for leave passages to the United Kingdom in lieu of leave passages to the Caribbean, will retain his or her eligibility for one set of passages, provided that the passages are taken not later than the 31 December 1973 (Substituted by S.I. 17/1973)

29.   Study Leave

1.  

   (1)   Where a police officer is undertaking a course of training or study on the express directions of the Government and the Government is satisfied that attendance at the course is in the public interest, the police officer shall donate one half of the leave for which he or she is eligible to the period of the course of training or study, and, in so far as this falls short of the full period involved, the police officer shall be granted an extension of leave on full pay up to a maximum payment for an absence of 12 months in all.

1.  

   (2)   Where a police officer undertakes a course of training or study which is not expressly and directly in the public interest, such a police officer shall be required to utilise for that purpose the whole of his or her accrued leave and on the expiry of such leave may be granted such extension of leave without pay as may be necessary to enable him or her to complete that course.

30.   Sick Leave

1.  

   (1)   Sick leave may be granted by the officer in charge of the police station to any inspector, subordinate officer or constable on the production of a medical certificate signed by a Government medical officer.

1.  

   (2)   When sick leave is granted to a police officer in excess of 24 working days in any one year except where such leave has been granted as a result of injuries received in the execution of duty the excess will be deducted from his or her ordinary leave entitlement. Days spent in hospital shall not be counted as sick leave. (Amended by S.I. 24/1970)

1.  

   (3)   When a period of sick leave granted under the preceding paragraph expires and the inspector, subordinate officer or constable is not fit to resume duty, further sick leave may be granted by the Commissioner of Police on production of a further certificate signed by a Government medical officer for a period which shall not exceed in the aggregate 3 months including the period of sick leave previously granted under the preceding paragraph.

1.  

   (4)   Any inspector, subordinate officer or constable who has been on continuous sick leave for 3 months shall be required to submit himself or herself for examination by a medical board consisting of not less than 2 Government medical officers. On the recommendation of the medical board an inspector, subordinate officer or constable in whose case the medical board certifies that there is a reasonable prospect of eventual recovery, may be granted sick leave with full pay up to a maximum period, including any period of sick leave granted under paragraphs (1) and (2), not exceeding 6 months in any year.

However, if the illness or incapacity is due to an injury or illness suffered by such inspector, subordinate officer or constable in the actual discharge of his or her duties and without his or her own default and is on account of circumstances specially attributable to the nature of his or her duties, he or she shall be entitled to be granted further sick leave with full pay on the recommendation of the Commissioner of Police with the approval of the Governor General.

31.   Maternity Leave

1.  

   (1)   Subject to subregulation (2) leave shall not be granted to any married woman police officer on account of pregnancy or for the purposes of maternity. However, this regulation shall not be deemed to deprive any married woman police officer of vacation leave for which she may be eligible under these Regulations.

1.  

   (2)   The Commissioner of Police may in his or her discretion grant to a married woman police officer for maternity purposes (in addition to any vacation leave for which she may be eligible)—

   1.  

      (a)     leave on full pay, to be known as special maternity leave, not exceeding 24 days;

   1.  

      (b)     leave without pay for any period not exceeding 2 months; or

   1.  

      (c)     both such special maternity leave and leave without pay.

(Amended by S.I. 24/1970)

1.  

   (3)   Sick leave or leave on half pay shall not be granted in addition to the leave set out in paragraphs (1) and (2) and this provision applies to married woman police officers only.

32.   Liberty Leave

1.  

   (1)   The senior officer on duty at the time shall have the power to grant liberty leave of not more than 6 hours duration after duty to any subordinate officer or constable who is not required as reserve in barracks.

1.  

   (2)   A subordinate officer or constable who is granted liberty leave shall, before leaving his or her station, inform the officer on duty of his or her whereabouts and where he or she can be found if required.

33.   Weekly Rest Day

All inspectors, subordinate officers and constables shall be eligible for one day free of duty in every 7 days.

34.   Special Leave

The Commissioner of Police may grant special leave not exceeding 15 days annually to any subordinate officer or constable to enable him or her to attend urgent or private affairs. Such leave will be deducted from his or her vacation leave. (Amended by S.I. 22/1965)

35.   Applications

1.  

   (1)   Applications for leave for periods exceeding 4 days shall be submitted in writing through the officer in charge of the station to the Commissioner of Police and shall state full particulars of the reason for which the leave is required, the address of the applicant when on leave and the date of the last leave granted, and in the case of sickness must be accompanied by a certificate from a Government medical officer recommending that it be granted.

1.  

   (2)   Applications for extensions of leave must similarly be accompanied by full particulars and, if on account of sickness, by a certificate of a medical officer in the service of the Government of Saint Lucia where the applicant may be.

36.   Overstaying Leave

1.  

   (1)   Any inspector, subordinate officer or constable who fails to rejoin for duty at his or her station on the date on which his or her leave expires shall forfeit his or her pay for such day or days as he or she may overstay his or her leave in addition to any further punishment which may be awarded.

1.  

   (2)   Should it be clearly proved that such overstaying of leave was altogether unpreventable the Commissioner of Police shall have power to grant leave without pay.

37.   Leave Certificate

1.  

   (1)   An inspector, subordinate officer or constable proceeding on leave shall be provided with a leave certificate signed by the Commissioner of Police on which shall be specified the period for which such leave is granted. Such certificate must be produced when the holder is called upon to do so by a police officer of equivalent or senior rank.

1.  

   (2)   On his or her return from leave of absence the holder of a leave certificate shall return it to the gazetted officer, inspector, or subordinate officer in charge of the station for record.

PART 5
MEDICAL TREATMENT

38.   Medical and Surgical Treatment

1.  

   (1)

   1.  

      (a)     All medicines and supplies prescribed by the appropriate district medical officer in the course of his or her treatment of police officers shall be supplied from the dispensary at the Victoria Hospital or the district dispensaries free of charge. If these medicines or supplies are not available at the Victoria Hospital or dispensaries then they may be obtained from private chemists, but the cost will be borne by Government;

   1.  

      (b)     The district medical officer shall supply only those medicines or articles which in his or her opinion are absolutely necessary for the treatment of the individuals concerned.

1.  

   (2)   All police officers shall be admitted to hospital free of charge.

1.  

   (3)   All police officers shall be provided with free dental treatment in respect of extractions. In the case of other dental treatment 50% of the costs will be borne by Government.

1.  

   (4)   District medical officers shall recommend all police officers suffering from eye disease to be sent to a Government eye specialist for treatment. The cost is to be borne by Government.

1.  

   (5)   All police officers with and over 15 years service shall on the prescription of a Government eye specialist be supplied with spectacles, cost to be borne by Government, but in the event of their requesting frames of a more expensive type than those normally supplied they shall be required to pay the difference in cost.

39.   Conditions for obtaining treatment abroad

Medical and surgical treatment will be limited to such treatment as is available in Saint Lucia. However, when such treatment is not available in Saint Lucia such medical and surgical treatment on the advice of the Chief medical officer and with the approval of the Cabinet may be obtained outside of Saint Lucia at the expense of the Government.

PART 6
MISCELLANEOUS

40.   Probation

A constable shall from the date of his or her appointment be on probation for the period of his or her first 2 years of service in the Force. However, the Commissioner of Police may at his or her discretion—

1.  

   (a)     reduce the period of probation to a period of not less than one year, if the constable has served for a period of not less than one year in the Force on a previous appointment thereto or in any other Police Force;

1.  

   (b)     dispense with the period of probation if the constable has been transferred with the written consent of the Commissioner of Police from another Police Force after having completed the required period of probation in that Force; or

1.  

   (c)     dispense with the period of probation if the constable has served as a member of the Special Reserve Police for a period of not less than 2 years.

41.   Discharge of Probationer

1.  

   (1)   During the period of probation the services of any constable may be dispensed with at any time if the Commissioner of Police considers that he or she is not fitted, physically or mentally to perform the duties of his or her office, or that he or she is not likely to become an efficient or well conducted constable.

1.  

   (2)   A constable whose services are dispensed with under this regulation shall be entitled to receive one month's notice or one month's pay in lieu thereof.

42.   Personal Records

The Commissioner of Police shall cause a personal record of each police officer to be kept.

43.   Contents of Personal Records

1.  

   (1)   The personal record shall contain—

   1.  

      (a)     a personal description of the police officer;

   1.  

      (b)     particulars of his or her place and date of birth;

   1.  

      (c)     particulars of his or her marriage (if any) and his or her children (if any);

   1.  

      (d)     a record of his or her service (if any) in any branch of Her Majesty's naval military or Air Forces or in the Civil Service;

   1.  

      (e)     a record of his or her service (if any) in any other police Force or as an auxiliary;

   1.  

      (f)     a record of whether he or she passed or failed to pass any qualifying examination at which he or she was a candidate;

   1.  

      (g)     a record of his or her service in the Force including particulars of all promotion, postings, transfers, removals, injuries received, periods of illness, commendations, rewards, punishments other than cautions, and the date of his or her ceasing to be a police officer with the reason, cause or manner thereof.

1.  

   (2)   A police officer shall, if he or she so requests, be entitled to inspect his or her personal record.

44.   Transfer of Personal Record

Where a police officer is transferred and with the written consent of the Commissioner of Police to another police Force his or her personal record shall be transferred to the Commissioner of Police of that other Police Force.

45.   Personal Record of Police Officer Leaving the Force

1.  

   (1)   Where a police officer ceases to hold office he or she shall, be given a certificate showing his or her rank and setting out the period of his or her service in the Force and the reason or cause of his or her leaving the Force or the manner in which he or she left the Force, together with particulars of his or her personal description.

However, where he or she was required to resign or was dismissed, the certificate shall not contain any description of the circumstances in which he or she was required to resign or was dismissed.

1.  

   (2)   The Commissioner of Police may append to the certificate any recommendations which he or she feels justified in giving, such as—

   1.  

           His or her conduct was exemplary

   1.  

           His or her conduct was very good

   1.  

           His or her conduct was good

   1.  

           His or her conduct was bad.

1.  

   (3)   Where a police officer ceases to hold office otherwise than by being transferred with the written consent of the Commissioner of Police to another police Force, his or her personal record shall be kept for such time as the Commissioner of Police may think fit and shall then be destroyed.

46.   Duty to Carry out Lawful Orders

Every police officer shall carry out all lawful orders and shall at all times punctually and promptly perform all appointed duties and attend to all matters within the scope of his or her office as a police officer.

47.   Normal Daily Period of Duty

1.  

   (1)   The normal daily period of duty (including the period for refreshment referred to in paragraph (2)) of a police officer to whom this regulation applies shall be 8 hours and in addition any time occupied in reporting at the appointed place for duty before a tour of duty begins.

However, in the case of a woman police where the duty is wholly or mainly patrol duty, the officer in charge of the station may substitute 7 hours or 7¹/₂ hours for the said 8 hours.

1.  

   (2)   Where the normal period of duty is performed in one tour of duty an interval of 45 minutes shall normally be allowed for refreshment.

However, in the case of a woman police where the duty is wholly or mainly patrol duty and the normal period of duty, other than the time occupied in reporting for duty, is 7¹/₂ hours or more, the said interval for refreshment shall normally be one hour.

1.  

   (3)   This regulation shall apply to a police officer who is of or below the rank of station sergeant.

48.   Lieu Leave

Where a police officer other than a police officer who is paid a detective allowance, remains on duty after his or her tour of duty ends or is recalled to duty between 2 tours of duty, he or she shall be granted, if and as soon as the exigencies of duty in the opinion of the Commissioner of Police permit, in respect of each unit of time during which he or she so remains on duty after his or her tour of duty ends or after being so recalled an equal period of time off.

49.   Duty on Public Holidays and Weekly Rest Days

1.  

   (1)   Every police officer shall, so far as the exigencies of duty permit, be granted a day's leave on each public holiday.

1.  

   (2)   Every police officer below the rank of inspector who is required to do duty on a public holiday or on a day which otherwise would have been a weekly rest day shall be granted, if and as soon as the exigencies of duty permit, 24 hours free of duty.

50.   Transfers

Any subordinate officer or constable may be transferred from one police station to another.

51.   Time of Retirement on Medical Grounds

Where a police officer is to be discharged on medical grounds his or her retirement will take effect at the end of any leave to which he or she may be entitled or at the end of 2 months from the date that the decision of Cabinet approving the retirement has been notified to such police officer if that period be longer.

52.   Certificate of Appointment for Police Officers

The certificate of appointment for police officers is as set out in Schedule 2.

Schedule 1

Schedule 2

Police (Promotions) Regulations – Section 59

(Statutory Instrument 149/2006)

Statutory Instrument 149/2006 .. in force 21 August 2006

Repealed by S.I. 88/2011 .. in force 19 September 2011

ARRANGEMENT OF REGULATIONS

POLICE (PROMOTIONS) REGULATIONS – SECTION 59

Commencement [21 August 2006]

1.   Citation

These Regulations may be cited as the Police (Promotions) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Police Act;

“accelerated promotion” means a promotion in accordance with the system established under section 11;

“closing date” means the final date set for receipt of applications for promotion;

“Commissioner” means the Commissioner of Police;

“Committee” means the Promotions Committee established under regulation 5;

“Minister” means the Minister responsible for the police;

“officer” means a member of the Police Force;

“performance appraisal” means the process by which an officer's performance is evaluated in accordance with the appraisal scheme approved by the Minister;

“Police Force” means the Royal Saint Lucia Police Force established under the Act;

“Promotions Reserved List” means the Promotions Reserved List prepared under regulation 16(3);

“Promotions Results List” means the Promotions Results List prepared under regulation 10(9).

3.   Application

These Regulations apply to officers from the rank of constable to the rank of inspector.

4.   Promotions to be in accordance with these Regulations

An officer shall not be promoted within the Police Force except in accordance with these Regulations.

5.   Promotions Committee

1.  

   (1)   There is hereby established a Promotions Committee for purposes of these Regulations comprising the following members—

   1.  

      (a)     the Assistant Commissioner of Police responsible for training;

   1.  

      (b)     the Assistant Commissioner of Police responsible for divisional management;

   1.  

      (c)     the Assistant Commissioner of Police responsible for operations;

   1.  

      (d)     the Permanent Secretary of the Ministry responsible for the Public Service or his or her representative;

   1.  

      (e)     the Permanent Secretary of the Ministry responsible for the police or his or her representative who shall be the chairperson.

1.  

   (2)   The Administrative Officer, Corporate Services shall serve as Secretary of the Committee.

6.   Committee to regulate its own procedure

1.  

   (1)   The Committee shall subject to these Regulations regulate its own procedure.

1.  

   (2)   The Committee shall have regard to the following guiding principles in carrying out its functions under these Regulations:

   1.  

      (a)     the selection process must be fair, consistent and objective;

   1.  

      (b)     the selection criteria must be transparent;

   1.  

      (c)     the selection criteria and selection process must, without exception, be applied uniformly;

   1.  

      (d)     there should be equal opportunity for all officers regardless of age, sex, religion or marital status;

   1.  

      (e)     the higher ranks of the Police Force must be filled by the most competent officers; and

   1.  

      (f)     opportunities must be provided for all officers to advance their careers in accordance with available positions and their abilities.

7.   Timing of promotions

1.  

   (1)   Subject to the availability of the requisite finances, promotions to fill vacancies within the ranks of the Police Force shall take place annually.

1.  

   (2)   Where a vacancy arises as a result of:

   1.  

      (a)     an officer proceeding on vacation for a period of 28 working days or more;

   1.  

      (b)     an officer being absent for any other reason for a period of 28 working days or more; or

   1.  

      (c)     the creation of a new position,

1.  

   another officer may be selected at anytime, in accordance with these Regulations to act in the position left vacant.

8.   Advertisement

1.  

   (1)   A notice advertising a vacancy will be issued at least 2 weeks prior to the commencement of the selection process to every station, unit and department of the Police Force in the form provided in Schedule 1.

1.  

   (2)   The officer-in-charge of each station, unit or department of the Police Force shall ensure that an advertisement under sub-regulation (1) is brought to the attention of all officers under his or her command.

9.   Criteria for assessment

1.  

   (1)   Subject to the remaining provisions of this regulation, an officer's eligibility for promotion will be based on an assessment of the officer's performance, disciplinary record, qualifications, length of service, level of training and absenteeism record.

1.  

   (2)   An officer shall not be eligible for promotion if, at the time the promotion process commences, the officer is subject to any disciplinary proceeding.

1.  

   (3)   Where an officer is the subject of any of the disciplinary actions specified below, the officer will not be eligible for promotion for the specified period as follows—

   1.  

      (i)     reduction in rank: a period of 2 years;

   1.  

      (ii)     a fine: a period of one year; or

   1.  

      (iii)     a reprimand: a period of 6 months.

1.  

   (4)   The specified period established under subregulation (3) shall begin to run from the date of determination of the disciplinary action.

1.  

   (5)   Where an officer is subject to any of the disciplinary actions referred to in sub-regulation (3) more than once within a consecutive period of 3 years, the period of ineligibility for promotion shall be doubled in each case.

1.  

   (6)   To be eligible for promotion under these Regulations, an officer must have attained the following—

   1.  

      (a)     a rating of 140 and above in his or her performance appraisal for at least 2 consecutive years immediately preceding the closing date; and

   1.  

      (b)     the minimum criteria relating to length of service, qualifications and training for the rank to which he or she wishes to be promoted, as provided in Schedule 2.

10.   Promotion procedure and Promotions Results List

1.  

   (1)   For promotion within the Police Force, an officer is required to—

   1.  

      (a)     sit a promotion examination designed to test an individual's knowledge, understanding and application of police functions and procedures; and

   1.  

      (b)     undergo a promotion selection assessment.

1.  

   (2)   An officer shall not be eligible to participate in the process set out in subregulation (1) unless he or she has satisfactorily met all the criteria specified in regulation 9.

1.  

   (3)   A promotion examination under subregulation (1)(a) must be satisfactorily completed before an officer can proceed to the promotion selection assessment subregulation (1)(b).

1.  

   (4)   A promotion selection assessment under subregulation (1)(b) shall consist of—

   1.  

      (a)     a practical test;

   1.  

      (b)     a competency-based interview; and

   1.  

      (c)     a team exercise.

1.  

   (5)   The Committee shall prepare guidelines which shall be used by the Commissioner in preparing the promotion examination, the practical test, the team exercise, and the competency-based interview for each rank.

1.  

   (6)   The Committee and the Commissioner, in carrying out the duties under subregulation (5), may utilize the services of any division, unit or department of the Police Force or other expertise within the Public Service or the private sector.

1.  

   (7)   The competency-based interview shall be conducted by a panel of the Committee, consisting of not less than 3 members.

1.  

   (8)   The competency-based interview will assess the values and competencies of an officer against the competencies established for the rank to which the officer wishes to be promoted, as specified in the Schedule of Competencies to be specified by the Commissioner.

1.  

   (9)   The Committee will collate all scores, ratings and results for each officer and prepare a Promotions Results List containing the following—

   1.  

      (a)     a statement that the officers named in the list are not the subject of disciplinary proceedings or subject to disciplinary action;

   1.  

      (b)     the performance appraisal rating of each officer for the 2 consecutive years immediately preceding the closing date;

   1.  

      (c)     each officer's length of service, qualifications, training and absenteeism record;

   1.  

      (d)     each officer's examination result;

   1.  

      (e)     each officer's rating from the promotion selection assessment; and

   1.  

      (f)     the total and average score for each other.

1.  

   (10)   The Committee will submit the Promotions Results List under sub-regulation (9) to the Commissioner with its recommendations for promotion to the vacant positions within the Police Force.

1.  

   (11)   The Commissioner shall effect the promotions on the basis of the recommendations of the Committee.

11.   Accelerated promotion

1.  

   (1)   Despite anything contained in these Regulations, the Committee may implement a system of accelerated promotions for suitably qualified officers.

1.  

   (2)   The Committee shall establish criteria and the procedure for the accelerated promotion of suitably qualified officers and the criteria and procedure so established shall be notified to all stations and units.

1.  

   (3)   The Commissioner may, after consultation with the Minister, invite suitably qualified officers to be considered for accelerated promotion.

1.  

   (4)   Despite subregulation (3), an officer may, at any time, apply to be considered for accelerated promotion in accordance with these Regulations.

12.   Minimum training requirements

The Commissioner will, following consultation with the Committee, publish biannually, in standing orders made under section 59 of the Act, the training programmes which will constitute the minimum training requirements for purposes of Schedule 2.

13.   Revocation of promotion

The Commissioner may revoke, amend or alter his or her decision with regard to any promotion if there is substantial evidence of a misapplication of these Regulations.

14.    Decision of Commissioner

The decision of the Commissioner made under these Regulations is final.

15.   Publication of results of promotions process

Upon completion of the promotions process results shall be published as a standing order in accordance with section 59 of the Act.

16.   Minimum acceptable score and Promotions Reserved List

1.  

   (1)   An officer who fails to attain the minimum acceptable score for promotion shall be advised of his or her areas of weakness and areas for further development.

1.  

   (2)   Where at the end of the promotion process there are more officers who have attained the minimum acceptable score for promotion than there are vacancies, the vacancies will be filled by the officers who have scored the highest and in the event of a tie, the officers whose scores have tied will be re-interviewed.

1.  

   (3)   Where an officer has attained the minimum acceptable score for promotion but cannot be promoted on account of limited vacancies the officer's name and total score shall be entered on the Promotions Reserved List prepared for that purpose and shall remain there until the next promotions procedure commences.

1.  

   (4)   An officer whose name is on the Promotions Reserved List will be eligible to be selected to fill a suitable vacancy should one arise during the period that his or her name is on the said list.

1.  

   (5)   For purposes of subregulations (1), (2) and (3) the minimum acceptable score for promotion is an average score of 65% of the promotion examination and the promotion selective assessment.

1.  

   (6)   Despite subregulation (3), where an officer on the Promotions Reserved List subsequently becomes the subject of:

   1.  

      (a)     criminal proceedings before the Court;

   1.  

      (b)     disciplinary action; or

   1.  

      (c)     fails to continue to perform satisfactorily, in view of his or her supervisor,

1.  

   that officer will not be considered to fill a suitable vacancy and will be removed from the Promotions Reserved List unless the matters at (a) to (c) are resolved in his or her favour.

Schedule 1

(Regulation 8 )

Annual Promotions [                     ]

1.     Applications are invited for eligible officers to fill the following vacant positions: Position [             ] Number of Vacancies [               ]

2.     Application forms may be collected from any station, unit or the Corporate Services Department.

3.     All applications must be accompanied by relevant documents in support of an officer's qualifications and training. Applications unaccompanied by supporting document will be placed on hold pending receipt of the said documents.

4.     All applications must be submitted in a sealed envelope to the Administrative Officer, Corporate Services Department.

5.     Applications received after the deadline date will NOT be considered.

__________________________________

COMMISSIONER OF POLICE

Schedule 2

Criteria for Promotion

(Regulation 9(6))