Part VI of the Police Act 1998 governs the Reserve Constabulary Branch, one of the four branches listed in section 7(2).
Sections 115 and 116
The Reserve Constabulary shall consist of such number of reservists as is fixed by the Minister by notice in an Official Police Publication.
The ranks of reservists and their order of precedence in the Force are as prescribed.
The number of reservists is fixed by the Minister, not the Commissioner. Contrast section 38, under which the Commissioner determines the establishment of each rank in the Regular Constabulary after consultation with the Minister.
Both are published in an Official Police Publication — the medium provided for by section 152, through which much of the Act’s administration is carried out.
Sections 117 to 119 — appointment and conditions
| Reserve Constabulary | Regular Constabulary | |
|---|---|---|
| Appointment | By the Commissioner, to such rank as the Commissioner thinks proper — s 117 | Under s 43, with health, qualifications, age, character and psychological assessment |
| Promotion | By the Commissioner — s 117 | Through the Police Promotions Selection Board — ss 51–53 |
| Conditions of service | As the Commissioner directs or as prescribed — s 118 | Parts V Divisions 7–12 — salaries, allowances, leave, furlough, retirement, pensions |
| Pay | “(if any)”, as determined, subject to general directions of the Head of State — s 119 | Annual salaries under s 56 |
| Discipline | Part IV, while acting or purporting to act as such — s 18(d) | Part IV at all times — s 18(a) |
Sections 117 to 119 are each a single sentence. A reservist’s rank, conditions and pay rest on the Commissioner’s direction and the regulations, not on the detailed statutory framework that protects members of the Regular Constabulary.
The words “pay and allowances (if any)” in section 119 are candid: the Act does not guarantee that a reservist is paid at all.
There is no equivalent of section 48 requiring fair and equitable procedures and merit-based selection, no Promotions Selection Board, and no section 55 process with severance pay.
Discipline — only while acting
Part IV applies to members of the Reserve Constabulary Branch, while acting or purporting to act as such.
A member of the Regular Constabulary is subject to the discipline code at all times — which is why section 20(1)(ag) can prohibit outside employment, section 20(1)(ax) can prohibit standing for election, and section 20(1)(as) can regulate domestic arrangements in official accommodation.
Those provisions are expressly confined to the Regular Constabulary Branch, and in any event a reservist is only within Part IV while acting or purporting to act as such. A reservist’s ordinary civilian occupation and private life are outside the code.
The words “or purporting to act” close the obvious gap: a person who holds themselves out as a police officer while not on duty cannot escape the discipline code by saying they were not actually serving at the time.
Confinement to barracks and forfeiture of not more than one week’s pay shall not be imposed on a member of the Reserve Constabulary.
So the available minor penalties for a reservist are a caution, a reprimand, or a fine not exceeding K40. The serious penalties in section 26 are not similarly restricted for reservists — only section 26(3) excludes transfer of locality, and only for Community Auxiliary Police and Special Constables.
Powers and protection
A reservist is a member of the Force under section 7(1), and so holds the powers of a constable under section 140 and the protection in section 141 for acts done in obedience to a warrant or order.
Unlike a member of the Community Auxiliary Police, whose powers under section 127 are limited to a defined geographical area, the Act imposes no territorial limit on a reservist’s powers.
Section 131 applies the Workers’ Compensation Act (Chapter 179) in relation to certain members, and section 132 applies other provisions of the Act. Section 148 deals with cessation of membership generally.
The oath requirement in section 4(2) applies to every appointment to the Force, including a reservist’s.
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, 38, 48, 115–119, 127, 131, 132, 140, 141, 148, 152
- 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.