Appointment Of Police Officers |
Appointment Etc. Of Police Officers |
APPOINTMENT ETC. OF POLICE OFFICERS
105.- 1. Subject to the provision of this section, the power to appoint persons to hold or act in offices in the Police Force (including appointments on promotion and transfer and the confirmation of appointments) and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the Police Service Commission:
Provided that the Commission may, with the approval of the Prime Minister and subject to such conditions as it may think fit, delegate any of its powers under this section to any one or more of its members or to the Commissioner of Police.
2. Before the Police Service Commission, or any person or authority to whom powers have been delegated under this section, appoints to an office in the Police force any person who is holding or acting in an office power to make appointments to which is vested by this Constitution in the Public Service Commission, the Police Service Commission or that person or authority shall consult with the Public Service Commission.
3. Before the Police Service Commission makes an appointment to the office of Commissioner or Deputy Commissioner or a like post however designated it shall consult the Prime Minister, and a person shall not be appointed to such an office if the Prime Minister, and a person shall not be appointed to such an office if the Prime Minister signifies to the Police Service Commission his objection to the appointment of that person to the office in question.
4. Before the Police Service Commission makes an appointment to the office of Superintendent or a like post however designated it shall consult the Prime Minister.
5. The power to appoint persons to hold or act in offices in the Police Force below the rank of Sergeant (including the power to confirm appointments) and, subject to the provisions of section 107 of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such person from office shall vest in the Commissioner of Police. 6. The Commissioner of Police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under subsection (5) of this section, other than the power to remove from office or reduce in rank, to any other member of the Police Force.
7. A police officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of any judicial function conferred on him unless the Judicial and Legal Services Commission concurs therein.
8. In this section references to the rank of Sergeant shall, if the ranks within the Police Force are altered (whether in consequence of the re-organization or replacement of an existing part of the Force or the creation of an additional part), be construed as references to such rank or ranks as may be specified by the Police Service Commission by Order published in the Official Gazette, being a rank or ranks that in the opinion of the Commissioner most nearly correspond to the rank of Sergeant as it existed before the alteration.
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Constitution of Antigua
1. The State and its Territory 2. Constitution is Supreme Law 3. Fundamental Rights and Freedoms of the Individual 4. Protection of Right to Life 5. Protection of Right to Personal Liberty 6. Protection from Slavery and Forced Labour 7. Protection from Inhuman Treatment 8. Protection of Freedom of Movement 9. Protection from Deprivation of Property 10. Protection of Person Or Property from Arbitrary Search Or Entry 11. Protection of Freedom of Conscience 12. Protection of Freedom of Expression Including Freedom of the Press 13. Protection of Freedom of Assembly And Association 14. Protection from Discrimination On the Grounds of Race, Sex Etc. 15. Provision to Secure Protection of the Law 16. Derogations from Fundamental Rights And Freedoms Under Emergency Powers 17. Protection of Persons Detained-under Emergency Laws 18. Enforcement of Protective Provisions 19. Protection from Derogations from Fundamental Rights and Freedoms Generally 20. Declaration of Public Emergency 21. Interpretation and Savings 22. Establishment Of Office 23. Acting Governor-general 24. Oaths 25. Deputy to Governor-General 26. Public Seal 27. Establishment of Parliament 28. Composition of the Senate 29. Qualifications for Appointment as Senators 30. Disqualifications from Appointment as Senators 31. Tenure of Office of Senators 32. Appointment of Temporary Senators 33. President and Vice-president 34. Attendance of Attorney-general at Proceedings of Senate 35. Attendance at Proceedings of Senate of Ministers who are Members of the House 36. Composition of the House 37. Attendance at Proceedings of the House of Ministers who are Senators 38. Qualifications for Election as a Member of the House 39. Disqualifications from Election as a Member of the House 40. Election of Members of the House 41. Tenure of Seats of Members of the House 42. Speaker and Deputy Speaker 43. Clerks to Houses of Parliament and their Staffs 44. Determination of Questions of Membership 45. Unqualified Persons Sitting or Voting 46. Power to Make Laws 47. Alternation of this Constitution and Supreme Court Order 48. Oath of Allegiance by Members of Parliament 49. Presiding in Senate and House 50. Quorum 51. Voting 52. Mode of Exercising Legislative Power |