Section 48 of the Police Act 1998 is the governing provision for advancement in the Regular Constabulary Branch.
Section 48(2) — three principles
(a) include when possible inviting applications and selection on the basis of the merit of applicants; and
(b) prevent unjust discrimination, whether in favour of or against a person; and
(c) allow at all times to the Commissioner the discretion to transfer any member to any location where the exigencies of the Service so require.
Unjust discrimination is prohibited whether in favour of or against a person. The provision is directed at favouritism as much as at prejudice — which connects to section 20(1)(ac), making it a disciplinary offence to obtain or attempt to obtain the influence or interest of a person for the purpose of advantage, transfer or promotion.
Paragraph (a) is qualified by “when possible”, and section 48(4) removes it entirely where a decision is made to transfer or promote a member under section 41 — the specialists provision. Specialist appointments need not be advertised.
What “transfer” means, and the duty to comply
“Transfer” of a member to a position means appointment to a position in which the member will hold the same rank and be entitled to at least the same level of salary.
(3) Where the Commissioner makes an order directing the transfer of a member to other duties not involving a reduction in pay, the member will comply with the order.
(5) Notice of a transfer shall be given in writing and allow a reasonable time to the member to arrange his personal affairs before the permanent date of transfer takes effect.
Transfer appears in the Act in two different characters:
- Under section 48 as an ordinary incident of service, protected by the requirement of no reduction in pay, written notice and reasonable time;
- Under section 26(1)(e) and (f) as a disciplinary penalty — transfer to other duties, or to another locality — imposed after a serious charge is sustained.
The distinction matters. A punitive transfer must follow the Part IV process; a management transfer under section 48 need not, but must satisfy section 48(2) and carry the section 48(5) protections.
Refusing a lawful transfer order under section 48(3) would engage section 20(1)(a) — wilfully disobeying a lawful order.
Section 48(6) and (7) — what merit means
(a) the integrity, diligence and good conduct of the member; and
(b) the potential of the member to discharge the duties of the position; and
(c) the industry shown by the member in performance of duties in the course of the member’s career; and
(d) the physical and mental fitness of the member to perform the duties.
(a) performance of duties in the course of the career;
(b) the range of practical experience of the member, in the Force or outside the Force;
(c) the ability, aptitude, skill, knowledge and experience determined by the Commissioner to be necessary for the position;
(d) any relevant academic, professional or trade qualifications.
Integrity comes first. Paragraph (6)(a) puts integrity, diligence and good conduct at the head of the definition, before capability. A disciplinary record bears directly on merit.
Experience outside the Force counts. Paragraph (7)(b) is express, which supports lateral recruitment under section 47 and the specialist provisions in section 41.
Section 48(8) — seniority as the tie-breaker
In the selection of a member for promotion, consideration shall be given to the merit of the persons considered — and in the event of equality of merit between two or more members, to the relative seniority of such members.
So seniority is not a criterion of selection; it is a tie-breaker where merit is equal. Seniority itself is governed by section 37, and by section 34(7) where a member is reinstated after a conviction is set aside — see re-appointment after conviction.
For the purposes of determining merit, the Commissioner may require a member to submit to a psychological assessment, carried out by a person the Commissioner considers suitably qualified.
This mirrors the assessment required for appointment under section 43(1)(b), and connects to the mental fitness element of merit in section 48(6)(d).
Section 49 — Deputy Commissioner
(1) Promotions or appointments to the rank of Deputy Commissioner shall be made by the Head of State, acting on advice, and are not subject to section 53 — so they do not go through the Police Promotions Selection Board.
(2) Conditions of service are determined by the Head of State, acting on advice, and may be determined in a contract between the Commissioner and the holder.
(3) Appointment is for a term of not less than three years.
(4) The contract may provide for the application of any or all of the provisions of Part IX — employment contracts.
The pattern parallels the Commissioner’s own appointment: an executive appointment, a minimum term, and terms that may be embodied in a contract.
Ordinary vacancies are filled by promotion under section 50 and through the Police Promotions Selection Board under sections 51 to 53. Section 54 allows a member permission to decline a promotion.
Sources
- Police Act 1998 — ss 20, 26, 34, 37, 39, 41, 43, 46–54
- Constitution — ss 55, 59
Before relying on anything here, read the current text of the Police Act 1998 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.