Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698067927876.pdf (Guyana)
GUYANA Act No.

9 of 1989 1-'0LICE COMPLAINTS AUTHORITY ACT 1989 I assent, fl.

D. HOYTE.

President, 1989-07-26.

ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION 1.Short title 2.

Interpretation.

and commencement.

.

, PRINTED BY GUYANA NATIONAL PRINTERS LTD. A.D. 1989] LAWS OF GUYANA [No.

9 2 3.

Establishment of Police Complaints Authority.

4.

Ad hoc appointment as Authority.

5.

Oath of office.

6.

Officers and employees of Authority.


PART If INQUIRY INTO COMPLAINTS OF MISCONDUCT BY MEMBERS OF THE FORCE 7.

Provisions of this Part in addition to and not in derogation of Police (Discipline) Act; powers of appropriate disciplinary authority preserved.

8.

Complaint to Authority.

9.

Procedure on receipt of complaint.

10.

Direction to record complaint, etc.

11.

Contravention of Act, etc.

to be deemed to be misconduct or mis- behaviour.

PART III SUPERVISION OF INVESTIGATION 12.


Application of Part.

13.

Authority to be notified of complaint or information 14.

Supervision of investigation by Authority.

15.

Statement by Authority.

16.

Confidentiality of information.

PART IV MISCELLANEOUS 17.

Panel to assist Authority.

18.

Authority to be independent.

19.

Power for local inspection.

20.

Duty of member of Force to assist Authority.

21.

Manner of service of notice by Authority.

22.

Amendment of Schedule.

23.


Annual report by Authority.

24.

Penalties for contravention of section 16.

25.

Power to make regulations.

SCHEDULE AN ACT to make provision for the establishment of a Police Com- plaints Authority and in respect of the functions and procedure of the Authority and other matters connected therewith.

 3 No.

9] The Police Complaints Authorit11 [A.D. 1989 A».

1t8t Enacted by the Parliament of Guyana:­ PART I PRELIMINARY 1.
This Act may be cited as the Police ity Act 1989 and shall c� e ,into operation iHer may, by order, appoint.

Complaints Author-!!

:rt uue on such date as the Min-.,_:i;;:nce 2.

In this Act - (a)"appropriate (i) in relation to any member of the Forc,e of or disciplinary authority" means - Intel'J)re­ tatlon.
above the rank of Inspector, ,but not being the Police Service Com­ the Commissioner, mission; and (ii)in relation ,to any member of the Force, (i), the than those mentioned in subparagraph disciplinary authority; other (b)"Authority" means the person appointod as the Complaints Police 3 and includes Police Complaints any person appointed as an ad hoc under section 4; Authority Authority established by section (c)"Commissioner" means ,the Commissioner of Polk,e; (d)"disciplinary the Police authority" (Discipline) has the same meaning Act; as in cap.
mo1 (o)"member of the Force" - (i)except in Part II and the Schedule, has the same meaning as in ,the Police Act; and Cap.

11.-.

(ii)in Part II and ,the Schodule, does not include the Commisisioner, but in other respects has the same meaning· as in the Police Act; (f)"misconduct" omissions such acts or omissiohs discipline means anv of the acts or each of in the • Schedule, aganist being an offence ) Act; cap, 1,101 under the Police (Discipline specified.
(I) "prescribed" meana prescribed by the Minister by regulations; (h)"the Force" has the same meaning as in the Police Act.

cap.

11:ti A.D. 1989] 4 LAWS OF GUYANA [No.

9 Establish- ment of Police ComplaInta Authority.

3.

(1) There is hereby established an authority to be known as the Police Complaints Authority which shall consist of one person to be appointed by the President from among persons who nave been, who are, or who are qualified to be, a Puisne Judge of the High Court.
(2) The terms and conditions of appointment of the person appointed as the Authority shall be sucn as may be determined by the President (3) The headquarters of the Authority shall be in such place as may be determined by the President.

(4) The appointment of any person as the Authority shall be published in tlie Gazette.

4.
4.

(1) Where the President is satisfied that the person who is holding office as the Authority is personally interested in — (a) any matter in relation to any complaint made to the Authority under section 8; or (b) any matter in relation to any complaint or in- formation of the nature referred to in section 12, including the investigation into any such complaint or information, Ad hoe appoint.

ment as Authority.
ment as Authority.

the President may appoint any person who is qualified to be appointed as the AutHorny as an ad hoc Ponce Complaints Authority to perform the functions of the Authority under this Act in respect of the complaint referred to in paragraph (a) or investigation into the complaint or information referred to in paragraph (b).

as the case may be, on such terms and conditions of appointment as may be determined by the President.
(2) The appointment of any person as an ad hoc Poiice Complaints Authority and the matter or matters in respect of which the appointment has been made shall be published in the Gazette.

(3) One person may be appointed as ad hoc Pace Complaints Authority in respect of more than one complaint or investigation referred to in subsection (1).
(4) Any person appointed as an ad hoc Police Complaints Authority under subsection (1) shall have all the functions of the Authority under this Act in respect of the complaint or investigation in relation to which he has been appointed.

No.

91 The Police Complaints Authority -----=-------- [A.O.
1989 8 (5)Where an ad hoc Police Complaints (1) in respect Authority of any complaint has been appointed under subsection under section 8 or investigation of the nature referred to in section Authority shall not exercise complaint or investigation.

mto any complaint or information 12, the Police Complaints any function in respect of that 5.
It shall be the duty of a person appoin!ted before entering as the oath o1 upon the om., of his office, to make and subscribe, Authority duties impartially and perform the duties devolving appointment, President.

and to the best of his ability such oath or affirmation an oath or affirmation upon him by virtue of the being taken before the that he wm faithfully, discharge the trust, 6.

The Minister shall provide Secretary for the proper performance and such other officers and employees of his functions.
the Authority with a omcers ane1 as are required !f1!

{�����t y PART II INQUIRY INTO COMPLAINTS OF MISCONDUC'r BY MEMBERS OF THE FORCE 7.

(1) The provisions of this Part shall be in addition of, the provisions of the Police (Discipline) and not in derogation Act , to, P vtsi 0n:art 0 oi tWs in adwtton to and not in deroga.

(2)The provisions of this Part shall be subject to the �gllc: f owe rs co p � �red upon the appropriate fe h c t t l, e ons 1 U 10n.
t disciplinary authority by ��::i.�) co1s­ jci; appropriate disciplinary authority preserved.

Cap, 17:01 8.
Cap, 17:01 8.

(1) Any person who has reasonable grounds a member of the Force is guilty of any misco11duct a complaint to the Authority - stating to believe may make :; Au that compti:itnt th0 r (a)the particulars of the complaint; (b)the particulars, the person against made; as far as they are known, of is whom the complaint ( c)the nature proposes complaint; of the evidence to produce in respect of the and that the complainant (d)such other matters as may be prescribed.
6 A.D. 1989] LAWS OF GUYANA -------- fNo.

9 (2)A complaint in person, of the Authority.

be presented the Secretary to the Authority under this section may post, to or may be sent by registered Procedure on receipt of com· plaint.

9.
(1) Where any complaint under section and, where found necessary, 8, the Authority, has been made to the Authority the complaint after considering examining the complainant, - ( a) may reject the complaint - of the opinion if the Authority is (i)that the complaint is frivolous does no:,t pertain to a matter the Authority under this Aot; or is empowered to deal with or that it (ii)that there has been undue delay in making the complaint come to know of the commission misconduct compl�ined after the complainant has of the of: Provided that no complaint giving rejected without the person who made the complaint a of being heard; reasonabl by the Authority e opportunity shall be (b)where the Authority does not reject a com­ Cap, 17:01 plaint under paragraph to the Commissioner inquiry, (a), he shall refer it for investigation and under the Police (Discipline) Act.
(2)Where a complaint is referred under subsection (1) by the Authority, cause the complaint section 5 of the .Police (Discipline) officer 01 the investigating shall be forwarded by the Commissioner, after the report is submitted, to the Authority to be investigated to in section referred shall the Commiss10ner under expeditiously Act and a copy of tne report 5<4) of thac Act as soon as possible for his comments.
to the Commissioner Cap, 17:01 (3)The comments of the Authority on the report of the Cap, 17:01 officer, referred before a decision investigating into account Police (Discipline) should be instituted Act as to whether to in subsection is taken under section (2), shall be taken 5(4) of the any charge of any misconduct against a member of the Force.
(4)Where a complaint under subsection against missioner conducted misconduct the Police (Discipline) findings alleged oI the officer conducting a member of the Force, in respect in the complaint, of the 5 and 6 of under sections Act, a copy of the report containing the has been referred to the Com­ ( 1) by the Authority and an inquiry the inquiry shall be forwarded Cap, 17:01 No.

91 The Police Complaints Authorit11 £A.D.

1989 7'.
1989 7'.

to the Authority for his comments before imposed on a member of the Force pursuant anu the disciplinary shall take into account imposing any punishment authority or the Police Service on a member of the Force; the comments of the Author1ty any punis� ent is Commissi�n while to the fm<Lngs Provided that the concerned member of the Force shall be with a copy of the comments provided to above and given an opportunity agamst such comments, .tlim.
before any punishment is imposed on of the Authority ito make representation ref erred of subsections prejudice (5)Without to the provisions (2), has referred a complaint (1), the Authority or inquiry, (3)and ( 4), where the Authority Commissioner the completion the complaint, Commissioner relating inquiry and the Commissioner shall comply with expeditiously under subsection of the investigation under the Police !
(Discipline) to furnish interim reports or of the aspects of the investigation may, before resulting to particular as possible.

Act, request the the request to the as fromcap.

17:0l containing information by any member of the Force in charge of a police 10.
(1) Without prejudice to the preceding or branch to record any complaint Act, where a complaint under section or failure station to the commission Authority complainant mformation may direct Authority relevant police station information and is prima facie satisfied ought to have been recorded of any offence against the complaint after considering to investigate the same.
8 relates provisions of thismrectlon to the refusal��!t°:t, :�· to as or information any law and the the and examining or and investigated, the that the said complaint the member of the Force in charge of the or branch to record the complaint or (2)A copy of every direction under subsection (1) shall be forwarded to the Commissioner.

(3)On receipt of a direction member of the Force in charge of the police station shall record the complaint same as expeditiously or information as possible.
and investigate the (1), the under subsection or branch ( 4)The Commissioner the result a of every investigation report stating (3), and any action taken on the basis of the investigation after the investigation soon as possible shall forward to the .Authority under subsection is completed.

as 11.

(1) A contravention member of the Force, other than the Commissioner or failure with any direction of this Act by any Contraven­ or refusal:;: ff :ect, to made to him by the Authority tctir:::c:t. behaviour.
lawful excuse by any such membe; to complydeeme� of any provision or request without A.D. 19891 LAWS OF GUY ANA [No.
9 8 Cap, 17:01 in this contained Ac1t, be deemed to be a misconduct under this Act shall notwithstanding anything Act or the Poli�e fo; the purposes the purposes (Discipline) of this Act and an offence of the Police (2)For any misconduct to in subsection may impose on any member of the I-<'orce any of the punishments to the Police referred authority the Commissioner) paragraph (Discipline} 1 of the Schedule and offence against against (1), the appropriate Act.

disciplinary (not being specified Act.


in (Discipline) discipline for discipline Cap, 17:01 (3) A contravention or refusal Commissioner excuse without lawfui made to him under this Act by the Authority, to be misbehaviour article of any provision or failure, 225 of the Constitution.

by the Commissioner to comply with any direction shall be deemed for the purposes of this Act by the or request of by the Commissioner, PART III SUPERVISION OF INVESTIGATION A.ppllcatlon of Part.

12.
12.

(1) This Part shall apply in relatlon to any complaint that any memoer of the J.<'orce or information mencement person 49, or 50, section Criminal specified of this Act, has unlawfully or has committed any offence 55 read with section 56, or section Law {Offences) by the Minister Act or such other offence by order.

caused referred after the com­ the death of any to in section 48, 57 of the as may be Cap.
8:01 (2)This Part shall apply in relation of the nature information standing that any person against of the .t<'orce, the complaint is not a member of the Force.

referred to in subsection to a complaint or {l), notwith­ whom, joimly with a member is made or information is received, y, any comp amt or mrormat10n.

Authority 13.

A member of the Force, to or by whom, while acting to be notl• 'n th t .

t fled of com· 1 a capac1 or tn· rererred yiaint orma on.
�nform t�e J\uthori.ty u mformatrnn, 1!1-ember of the :F'orce t10n has been made or received.

· shall forLhwnh of the complaint mcludmg the name and other particulars of the or informa­ .

f th o e nature 12, is made or received of the particulars whom the complaint l .

.

,.

to in section against or Supervision of tnvest• lgation by A,uthorlty.

every complaint section 12.

14.


(1) The Authority or information shall supervise of the nature referred the investigation to in of the Authonty (2)�n the exercise may request of his functions the Commissioner under subsection (1), to replace the No.

91 The Police Complaints Authority tA.D.


1989 9 or information investiga ting a complaint to in seC'don 12 (hereinafter officer referred gatmg officer) rank or higher rank and where t.he Authorhy request, officer higher rank after consultation the Commissioner member of the F'orce of the same makes any such ting shall replace the investiga member of the Force of the same rank or of the nature to as the investi­ Wii(th the Authority.
by another by another referred (3)A copy of every statement , including of the nature referred recorcted er any other document in the course of the investigation to in section statement, produced, mformation forwarded to the Authority seized or produced; and any object recovered place any identifying as soon as it is recorded, shall be entitled in the course of the investigation mark on it.
prepared, to inspect and prepared, of any complaint or 12, shall be the Authority any confession seized or (4) Without prejudice (1), the Authority to the generality may request of the provisions the investigating of subsection - officer to the Authority information of that officer, (a)to furnish evidence in the possession regard to any matter relevant tion into any complaint 12; or nature ref erred to in section to the investiga­ of the or informatwn or in (b)to consult him in respect o.f any aspect of the investigation referred information or into any complaint to in paragraph (a), and the investigating officer shall comply with the request.
officer (5)The investigating as soon as possible of any complamt or after the completion (1), submit w tile .M.lhhority .information taken in a report giving a summary of the steps and proceedings and his conclusions.

the course of the investigation re .... errea.

to in suosection of the investigation shall, the report of the investigating statement 15.
(1) After considering 14(5), to in section referred officer course of the investigation referred matters the Authority to the Director - particulars the following to the investigation, of Public Prosecutions the evidence disclosed to therein a statement relating shall submit in the ��-Auth0r­ and other relevant containing (a) whether the investigation was or was not conducted to the Authority's satisfaction; (b) specifying any particular aspect in relation to which it was not conducted to the satisfaction of the Authority; and A.D. 1989] 10 LAWS OF GUYANA [No.
9 (c)any other particulars that may be prescribed.

(2)A copy of the statement.referred by the Authority and the Commissioner.

shall be forwarded namelY, the Minister to in subsection (l) to each of the followmg, .

(3)In deciding prosecuted information shall be had to the statemerrt for any offence pursuant to any complaint 12, due regard of the nature referred to in sub-section to in section referred whether or not any person should be or (1).
Confldent- ::uc:,� in-any officer ' received to the Authority by the Authority, 16.
Any information provided or employee 6, in the course of the performance in any document any information Part, (including of this Part) shall received by him by virtue of the provisions or any such officer by the Authority, not be divulged employee, to any person except to the extent necessarY discharge or for the purpose of prosecution proceedings or to under this Act or any other written law or by under section under this under this Act or any other written of his functions for an offence his functions contained or other law.
PART IV MISCELLANEOUS Panel to assist Au­ tihortty.

17.

(1) ln the discharge of his functions by a panel of two persons to be appointed shall the Authority by the be assisted President qualifications functions from among persons or experience conferre d on the Authority, who in his opinion, in regard to matters have adequa:e relevant to the subsection (2)The appointment (1) shall be published in the GAZETTE.
of any person to the panel under (3)Section 5 shall apply to a member of the panel in as the appointed to a person the same manner as it applies Authority.

(4)The terms and conditions of a by the member of the panel shall be such as may be determined President.

of appointment (5)The Authority shall consider by the members of the panel in relation for decision, while discharging his functions the views expressed to any matter arising under this Act.
4.uthortty :o be mde-Authority shall not be subject Pendent.

any other person or authorit y.

18: In the exercise of his functions under this Act the to the direction or control of No.

91 The Police Comp'laints Authoritu tA.D.

1989 11 may either by himself or accom-Power for • 19 The Authority ' panied by IU(Ch_ persons as the Authority deems proper, inspe ct tton.
to or other premises any place building any misconduct or relating 01 any complaint 12, is alleged section where any act relcl!ung to any offence which is the subject of the nature referred to in 1to have been committed.

or information local tnapeo- 20.


It shall be the d\llty of every member of ithe Force out:, 01 and employees pro-;: mbe1io 01 to render to the Authority vided to the Authority · under section 6 su,ch assistance as the � Au­ for the purpose of discharging Autho1ity functions of the Authoritr.

and the officers may request the tbortt:,.

21.

A.n;y notice to be served by the Authority shall be llaDDer served in such manner as may be prescribed.

:=e b':' ot Authority.

22.


(1) The Minister may, by order, am.end the Schedule.

:ri�::.. (2') Ev�ry order under subsection to negative reso.1ution of the National Asssemolj·.

(1) shall be subj�t (3) Notwithstanding anything contained in this Act or the Police (Disciplin.e) t.ne Scheci.Ule shall be d�emed to be a misconduot for the pur- poses of tills Act anu an offence against discipline for the pur- poses of the Police (Discipline) Act, every act or omission menw.onca.

in Cap, 11:01 Act.

i23.


(1) The Aulliority shall, before the expiry of three Annual re­ months after the end of each calendar containing an account ter a report tty throughou t tlle preceding it any, experienced oy tions.

the Aurchor.ity calendar Au· year, sub.nut to the Miillis-��t:!
of the activities of the Author- year and the difficulties , in the exercise of his func­ (2)A copy of •the report ref erred to in subsection shall be forwarded by the Authority to each of the following, namely, the Director of Public Prosecutions and the Com­ missioner.

(1) (3)The Minister shall lay before the National Assem­ bly a copy of the report with any explanation that he, the of Public Prosecutions Director to offer in reaard to any matter stated in the report.

or the Uommissioner maY like 24.


Any person who contravenes section to a fine of five thousand dollars cgntraot en- 16 shall be Pena1t1ea for liable on summary conviction and to imprisonment for six months.

t.to':a n 1a. """

25.

(1) The Minister may make regulations for caayfng Power to �� db����� A.D. 19891 LAWS OF GUYANA [No.
9 12 (2)Without prejudice 01 subsection llJ, 'Lhe of the pro­ to the generality Miruster may m particular make visions reg,.uat10ns to provrne :tor aJ.l or any or 1Lne rouowmg mauers - (a)the mai�ters that a complaint to the Authority under section 8(1) s.bail contain; (b)the procedure of the Authority; (c)the particulars 15 snail contain; that a statement under section (d)the form of any notice to be given or served and the manner of giving or by the Authority serving any such notice; (e) any other matter tbat is required to be or may be prescribed by or under this Act.
SCHEDULE s.2(f) ACTS OR OMISSIONS BY ANY MEMBER Olf THE FORCE CONSTITUTING MISCONDUC'r 1.Neglect of his duty, that is to say - (i)neglect, or without good and sufficient cause and ciwgemly to carry out promptly on11ss1on, anything which is his duty as a member of the Force; (ii)when on duty falling to perform his duty with diligence; (iii)failing to work his beat in accordance orders, or leaving a-Jler place of duty to which he has been ordered without due permiSsion his beat or patrol, or swficient cause; with point or (iv)biY carelessness prisoner t o escape; or negligence, permitting a (v) failing, when knowing where an offender is to be found, to report the same, or to make due exer­ tion for making him am.enable to justice; (vi)failing to report; to report any matter which iJt is his duty (vii)failing to report anything which he knows con­ cerning a criminal charge, or failing to disclose No.
9] The Police Complaints ------- Authorit'JI [A.D. 1989 ------ 13 any evidence which he can give for or against charge, any prisoner or the name of any person whom he believes can give such evidence; on a criminal or defendant (viii) omitting to make any necessary entry in any official document, paper or book maintained for, or in connection vestigation into, any complaint wilth, the recording of, or in· or information; (ix)failing to attend to a:DY reasonable request made to him by any member of the public; (x)wantinl in civility to any member of the public; or (:xi) neglecting to assist any person injured or taken ill in any public place.
2.

Knowingly official document or book, maintained recording of, or investigation into, any complaint making or signing any false statement many with.

the for, or in connection or information.

3.

Without any official good and sufficient document or record relevant lating recording altering or of, or investigation erasing any entry therein.

cause, destroying or muti- with the in connection or investigation, into, any complaint or 4.

Preval'icatin!l hefore any court: or at any inquiry.

5.
5.

Committing any br,each of confidence, that is to say - of, or investigation in connection relevant (i)divulging any matter, wi!th the recording the commission it is his duty to keep of the offender, which or secret; (ii� giving notice, directly into of any offence or the trial person against whom any warrant mons has been or is about to be issued, cept in the lawful or service execution of such summons.

or indirectly to any or sum­ ex­ of such warrant 6.
Committing any corrupt practice, that is to say - (i)receiving (il) failing any briibe; to account for, or to make a prompt and true return of.

any money or property received by him in his official capacity; (iii) directly or indirectly soliciting or �iving any gratuity, the consent of the Commissioner; present or subscr,i,ption without or A.D. 1989] 14 LAWS OF GUYANA [No.
9 (iv) placing himself under any pecuniary obliga- tion to any person licensed to sell intoxicating liquor, or to any person who holds a licence, concerning the granting or rtnewal of which the police may have to report or give evidence.

7.
7.

 authority, that is to say, — Being guilty of any unlawful or unnecessary exercise of (i) without good and sufficient cause, making any unlawful or unnecessary arrest; or (ii) using any unnecessary violence to any pri- soner, or other person with whom he may be brought into contact in the execution of his duty.

8.
8.

 While on or off duty being unfit for duty as a result of being under the influence of intoxicating liquor, or drinking or soliciting intoxicating liquor while on duty, that is to say — (i) without the consent of his superior officer, drinking or receiving from any person any intoxicating liquor while on duty; or (ii) demanding from, or endeavouring to per- suade, any person to give him, or to purchase or obtain for him, any intoxicating liquor while on duty.

9.
9.

 Improperly entering licensed premises, that is to say, — (i) entering, while on duty, any premises licensed for the manufacture, storage, dis- tribution or sale of intoxicating liquor, when his presence there in the execution of his duty is not required; or (iii entering such premises dressed in uniform when not on duty when his presence there in the execution of his duty is not required.

10.
10.

Incurring debt without any reasonable prospect or inten- tion of paying the same, or having incurred any debt, making no reasonable effort to pay the same.

11.

Gambling, or permitting or failing to report gambling, in any police station, barracks, or other building or premises used in connection with the Force.

12. at any time to conceal or disguise his number.

Removing his duty badge when on duty or endeavouring 15 Xo.

91 The Police Complaints Authoritu LA.D.

1989 --------- 13.
1989 --------- 13.

Smoking when on duty.

14.

Contravention or failure to comply with any direction by the Authority.

of any provision of this Act, or refusal or request made under this Act 15.

Knowingly being an accessory to any act or omission referred to above.

Passed by the National Assembly on 1989-06-09.

Bill No.

3/1989.

Clerk of the National F. A. Narain, Assembly •