Parts VII and VIII of the Police Act 1998 deal with the two smallest branches of the Force under section 7(2).
Part VII — Special Constables
Where the Commissioner, or a Magistrate of or higher than Grade IV, or an officer authorised for the purpose by the Commissioner, considers it desirable for a special reason, that person may appoint such Special Constables as they consider necessary.
This is the only provision in the Act permitting a person outside the Force to appoint members. Contrast section 43(2), under which every appointment to the Force shall be made by the Commissioner except as otherwise provided — section 124 is that exception.
The power reflects the historical purpose of special constables: a rapid means of augmenting police numbers where circumstances require it, without waiting on the ordinary appointment process.
Note the threshold: “desirable for a special reason”. It is not a route to ordinary recruitment.
The oath requirement in section 4(2) still applies — no person may be appointed a member of the Force until they make and subscribe the appropriate oath or affirmation in the Schedule.
(1) Subject to general directions of the Head of State acting on advice, salary and allowances (if any) are as determined by the Commissioner after consultation with the Salaries and Conditions Monitoring Commission.
(2) For operational purposes only, a Special Constable while serving as such is deemed to be a member of the Regular Constabulary Branch, and is subject to the same disciplinary provisions.
(3) Every Special Constable holds office at the pleasure of the Commissioner, and the Commissioner may dispense at any time with the services of a Special Constable.
Section 125(2) is carefully limited. The deeming makes a Special Constable a Regular Constabulary member for operational purposes — so that they hold the same powers on the ground and are subject to the same discipline.
It does not make them a Regular Constabulary member for purposes of appointment, promotion, salary, leave, retirement or pension. Section 125(3) confirms the point: they serve at pleasure, and may be dispensed with at any time.
Note the contrast with section 55, which requires inquiry, written notice, 14 days to respond and severance pay before a Regular Constabulary member can be dismissed for performance. None of that applies to a Special Constable.
Under section 18(e), Part IV applies to Special Constables while acting or purporting to act as such.
Part VIII — Community Auxiliary Police
126. The Commissioner may appoint suitable persons to be members of the Community Auxiliary Police Branch to serve within defined geographical areas.
127. A member shall have such of the powers of a member of the Regular Constabulary Branch as may be vested in that member by the Commissioner — but the exercise of those powers shall be limited to the geographical area in respect of which that member is appointed.
128. Seniority is prescribed by regulations.
129(1). Members are volunteers and, except as otherwise prescribed in Regulations, receive no payment for their services.
129(2). Regulations may provide for resignation from the Force of members of the Community Auxiliary Police.
| Special Constables | Community Auxiliary Police | |
|---|---|---|
| Appointed by | Commissioner, a Magistrate Grade IV+, or an authorised officer | The Commissioner only |
| Basis | Desirable for a special reason | Suitable persons, for a defined area |
| Powers | Deemed Regular Constabulary for operational purposes | Only those vested by the Commissioner, and only in their area |
| Payment | Salary and allowances (if any) | Volunteers — no payment except as prescribed |
| Discipline | Part IV while acting or purporting to act — s 18(e) | Part IV at all times — s 18(b) |
| Removal | At the Commissioner’s pleasure, at any time | Section 130 — after inquiry, for failure to meet reasonable standards |
Community Auxiliary Police are subject to Part IV at all times. Section 18(b) contains no “while acting” qualification, unlike paragraphs (d) and (e) for Reservists and Special Constables. A volunteer is therefore within the discipline code continuously.
But they have more security of tenure. Section 130 requires the Commissioner to be satisfied after inquiry that the member has failed to meet reasonable standards of performance or ability before dispensing with their services — the same formula as section 55. A Special Constable, by contrast, serves at pleasure.
Penalties that cannot be imposed
- Section 22(2) — confinement to barracks and forfeiture of a week’s pay may not be imposed on a Special Constable or a member of the Community Auxiliary Police. Neither is barracked, and a volunteer has no pay to forfeit.
- Section 26(3) — transfer to some other locality may not be imposed on either. For an auxiliary appointed to serve a defined area, transfer elsewhere would defeat the appointment.
- Section 20(3)(b) — receiving a lawful honorarium or allowance is not the offence of soliciting or receiving a gratuity, in the case of a Community Auxiliary Police member. Necessary, given section 129(1).
A member of the Community Auxiliary Police holds only such powers as the Commissioner vests, and may exercise them only within their defined geographical area.
That is a double limitation not applied to any other branch. It reflects the purpose of the branch: local people policing their own communities, with the powers the task requires and no more.
Sections 131 and 132 apply the Workers’ Compensation Act (Chapter 179) and other provisions of the Act to these members.
The Workers’ Compensation Act (Chapter 179) is not currently available on PacLII, so no link is given here.
Sources
- Police Act 1998 — ss 4, 7, 18, 20, 22, 26, 43, 55, 124–132
- Workers’ Compensation Act (Chapter 179)
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.