The Commissioner of Police holds the powers conferred by the Police Act 1998 together with the constitutional responsibility under section 198 of the Constitution for the superintendence, efficient organisation and control of the Force.
Section 14 — inspection, inquiry and investigation
(a) enter any premises occupied or used by the Force; and
(b) summon any person whose evidence is likely to be material to the determination of any subject of inspection, inquiry or investigation being conducted by the Commissioner; and
(c) take evidence on oath or affirmation, and administer oaths or affirmations; and
(d) require any person to produce documents in their possession or subject to their control.
Section 14 is not a power to investigate crime — that comes from the general law. It is the power to inquire into the Force itself: its condition, its efficiency, and the conduct of its members.
The powers connect directly to two other duties. Section 15(3) requires the Commissioner to draw the National Executive Council’s attention to breaches or evasions of the Act. And Part IV requires the Commissioner to decide serious disciplinary charges on the report of a disciplinary officer.
Note the reach of paragraphs (b) and (d): any person, not only a member of the Force.
Sections 14(2) to (5) — the supporting offences
| Provision | Who | Conduct | Penalty |
|---|---|---|---|
| s 14(2) | Any person | Knowingly making a false or misleading statement in evidence before the Commissioner | K200 |
| s 14(3) | A member of the Force or an officer of the Public Service | Neglecting or failing, without reasonable excuse, to attend on summons, be sworn, answer questions or produce documents | K200 |
| s 14(4) | Any other person, after payment or tender of reasonable expenses | The same | K200 |
The burden of reasonable excuse is on the person — sections 14(3) and (4) both say so expressly.
Section 14(5): this section does not make any person compellable to answer a question that might tend to incriminate that person.
The privilege against self-incrimination is therefore preserved. That matters where an inquiry concerns conduct that is both a disciplinary offence and a criminal offence — a common position under section 20(1)(ay), which makes an act of misconduct that may be a criminal offence, not being a purely indictable offence, a disciplinary offence.
For a member of the Force, a section 14 summons is nonetheless difficult to resist: failing to answer is a K200 offence, and refusing a lawful order is separately a disciplinary offence under section 20(1)(a).
Section 17 — delegation
Subject to the provisions of this Act in relation to any specific power or function, the Commissioner may delegate in writing all or any of the Commissioner’s powers and functions under this Act (except this power of delegation).
Two express limits: the delegation must be in writing, and the power of delegation itself cannot be delegated.
A third limit is imposed by the discipline provisions. Section 22(9) and section 26(10) confine the power of delegation, for the purposes of reviewing a disciplinary officer’s decision, to a member of equal or higher rank than the disciplinary officer whose decision is under review.
That is a real safeguard: a review cannot be delegated to someone junior to the person whose decision is being reviewed.
Section 153 — Standing Orders
Section 153 empowers the Commissioner to make Standing Orders for the Force. Together with Special Orders, they are the operational rulebook of the Constabulary.
Section 20(1)(a) makes it a disciplinary offence to wilfully disobey or disregard a Standing or Special Order made or given by the Commissioner, or to fail to carry it out as soon as practicable.
Sections 20(1)(w) and (y) likewise make it an offence to omit to record or report a fact or incident required through Standing or Special Orders.
So the practical content of a member’s duties — what must be recorded, when reports must be made, how equipment is handled — is set by the Commissioner rather than by the Act, and breaches are punishable under Part IV.
Note the proviso in section 20(1)(ab): the offence of communicating information does not apply to information given in good faith by a member in accordance with Standing or Special Orders.
Sections 154 to 156
- Section 154 — additional powers. A residual provision supporting the Commissioner’s general responsibility for the Force.
- Section 155 — equal application. The Act is to be applied equally, which reinforces the requirement of consistency in disciplinary decisions.
- Section 156 — Regulations. The Head of State, acting on advice, may make Regulations for the purposes of the Act. Several provisions depend on them — for example the prescribed manner of the oath under section 4(2), and extra drill under section 22(1)(d).
Section 142 separately restricts what the Commissioner may release: see secrecy of records. And section 16 allows the Commissioner to vest police powers in persons outside the Force by written notice.
Sources
- Police Act 1998 — ss 4, 14–17, 20, 22, 26, 142, 153–156
- Constitution — ss 37, 193, 198
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.