Arrangement of Sections - Trinidad and Tobago …

1 THE POLICE SERVICE ACT, 2006 Arrangement of SectionsPART IPRELIMINARYS ection1. Short title2. IIESTABLISHMENT ANDSTRUCTURE OF of the Police Service5. President authorized to issue arms to the Police of offices7. Divisions of the Police Service Order9. IncrementPART IIIAPPOINTMENTOFTRAINEE10. Application to be trainee for trainee and control of trainee 13. Dismissal of trainee 14. Regulations for trainee15. Successful traineePART IVAPPOINTMENT ANDPROMOTION and promotion to First and Second Division17. Assessment Centre and Promotion Advisory Board18. Functions of the Centre and of Centre and for promotion21. Appointment or promotion on probation22. Contract officers PART VDISCIPLINE23. Disciplinary powersPART VIDUTIES OF THEPERSONNELDEPARTMENT IN RELATION TO THEPOLICESERVICE24. Powers and duties25. Consultation with appropriate recognized association26. Where no agreement reached after consultation27.

2 Submission of proposals to appropriate recognizedassociation for approval28. Agreement to be recorded and signed29. Personnel Department subject to Minister of Finance underthis to be referred to Special Tribunal31. Special Tribunal power of to be binding on parties for fixed period PART VIIPOLICESERVICEASSOCIATIONS33. Prohibition against membership of trade union34. Representation of police officers35. Regulations governing recognized association to make rules37. Complaints by members of appropriate recognizedassociation38. Recognized police associationsPART VIIIGENERALFUNCTIONSANDOBLIGATIONSOFMEMB ERSOFTHEPOLICESERVICE39. Police officer officer and political activities41. Public statements by police officer on certain matters42. Certain police officers to be Justices43. Every police officer to be a power of police officer45. General duties of police officer46.

3 Power to arrest without a warrantii47. Power to arrest without having warrant in of warrant or order49. Action against police officer for acting on warrant or order50. Power to take measurement, photograph and fingerprint51. Certificate of character52. Analysis of fingerprint impression 53. Punishment for serious offence54. Public property not to be used privately55. Delivery up of article supplied on leaving the Police Service56. Improper possession of article supplied to police officer57. Delivery up of article supplied to deceased police officer58. Unclaimed article59. Assault, etc., on police officer60. Refusing to assist police officer police officer62. Impersonation of police officer or wearing police uniform, Obtaining admission into the Police Service by to prosecute police Fund66. Awards of special award 68. Fines and bribes to be payable to the Fund69.

4 Account to be kept PART of liquor in Canteens and Messes71. Police Station to be officer to take oath of office73. Mode of leaving of retirement for police officer75. Extension of of three months salary to next of kin of deceased policeofficer77. Payment of arrears of salary or pension without production ofprobate or letters of administration78. Regulations 79. Savings80. RepealFIRST SCHEDULESECOND SCHEDULETHIRD SCHEDULEFOURTH SCHEDULEFIFTH SCHEDULEiiiANACTto consolidate, amend and revise the lawrelating to the Police Service,to ensure efficientand transparent management of the Service andto provide that the principles of equity andmeritocracy shall be applied at all times and forother related matters.[Assented to 13th April,2006]Fourth Session Eighth Parliament Republic of Trinidad and Tobago REPUBLIC OF Trinidad AND TOBAGOAct No.

5 7 of 2006[ ]Legal Supplement Part A to the Trinidad and Tobago Gazette , Vol. 45,No. 61, 18th April, 2006 ENACTEDby the Parliament of Trinidad and Tobago asfollows: PART I Act may be cited as the Police Service Act, Act shall come into operation on such date asthe President may appoint by this Act allowance means compensation payable (a)in respect of a grade or in respectof some office in a grade,by reasonof duties of a special nature;(b)for duties that a police officer isrequired to perform in addition tothe duties of his grade where thoseduties relate to an office in thesame grade or a higher grade;or(c)for contingencies associated withthe performance of his functions asa police officer and not taken intoconsideration in fixing his pay; appropriate recognized association means anassociation recognized by the Minister ofFinance under section 34 as the bargainingbody for any rank of police officers.

6 Board means the Promotion Advisory Boardestablished under section 17(2); classification means the assignment of anoffice to a grade;Short titleCommencementInterpretationEnactment 376No. 7 Police Service2006 cohabitant means (a)in relation to a man, a woman whohas been living with or has livedtogether with him in a bona fidedomestic relationship for a periodof not less than five yearsimmediately preceding the date ofhis death; or(b)in relation to a woman,a manwho has been living with or haslived together with her in a bonafide domestic relationship for aperiod of not less than five yearsimmediately preceding the date ofher death,but only one such relationship shall betaken into account for the purpose of thisAct; Commission means the Police ServiceCommission established under section122(1) of the Constitution.

7 Commissioner or Deputy Commissioner means the person appointed to the office ofthe Commissioner of Police or DeputyCommissioner of Police respectively, inaccordance with section 123(1)(a)of theConstitution; dispute means any matter in respect of policeofficers upon which agreement has notbeen reached between the PersonnelDepartment and the appropriate policeassociation and which has been reported tothe Minister under section 26 or 27; former Act means the Police Service Actrepealed by this Act;Chap. 15 Service2006377 grade includes a range given in the classifica-tion of offices set out in the Third Schedule; intoxicating liquor means spirits, wine orbeer, or any liquor being a mixture,beverage or preparation containing thesame; judicial officer means a Judge, Magistrate orJustice; Minister means the Minister to whom theresponsibility for national security isassigned; office means an office in the Police Serviceassigned to a grade; pay means the rate of pay assigned to anoffice in a grade by a Remuneration Order,but does not include the allowances; pensionable emoluments in respect of thePolice Service,means pay and personalallowance; Personnel Department means the PersonnelDepartment established under theCivil Service Act.

8 Police officer means a person who isappointed to perform the duties of an officein the Police Service; Police Service means the Trinidad and TobagoPolice Service established by section 4; prescribed means as prescribed in theregulations; regulations means the regulations madeunder this Act;Chap. 23:01378No. 7 Police Service2006 remuneration means pay and allowances; Special Tribunal means the Special Tribunalestablished by section 21(1) of the CivilService Act; spouse includes a cohabitant; trainee means a person who is undergoinginitial training with a view to becoming apolice IIESTABLISHMENT ANDSTRUCTURE OF THEPOLICESERVICE4.(1) The Trinidad and Tobago Police Service ishereby established constituting the public offices as setout in the Third Schedule.(2) Every person who immediately before thecommencement of this Act held or was acting in an officein the Police Service constituted under the former Actshall, as from the commencement of this Act, continueto hold or act in the like office in the Police Serviceconstituted under subsection (1),by whatever titlecalled.

9 (3) A reference to the Police Service or toany member thereof in any written law in forceimmediately before the commencement of this Act shall,as from the commencement of this Act, be readand construed as a reference to the Police Serviceconstituted by this Act or to a member President may issue arms and ammunition tothe Police Service, and any member thereof may carryand use the same for lawful (1) The President may, by Order, amend theclassification of offices set out in the Third of thePolice ServiceThird SchedulePresident authorizedto issue arms to thePolice ServiceClassification of offices Third Service2006379(2) The classification of offices set out in the ThirdSchedule shall be the basis for any classification Ordermade under this section .(3) The classification of offices set out in the ThirdSchedule shall be observed in all records and communi-cations of the Commission, Commissioner, AuditorGeneral, Treasury and in all departmental estimatesand parliamentary returns and (1) The Police Service shall consist of twoDivisions, that is to say (a)the First Division;and(b)the Second Division.

10 (2)The First Division shall be the offices specifiedin the First Schedule and include such other offices asthe President may,by Order, determine.(3)The Second Division shall be the officesspecified in the Second Schedule and include such otheroffices as the President may, by Order, (1) The President may, by Order (a)determine the pay in respect of an office ina grade;(b)establish the allowances that may be paidin addition to pay;(c)give effect to any agreement entered intobetween the Chief Personnel Officer onbehalf of the Minister of Finance and theappropriate recognized association;and(d)give effect to an award made by the SpecialTribunal.(2)An Order made in respect of matters specifiedin subsection (1)(a)and (b)shall be referred to as aRemuneration of thePolice ServiceSecond ScheduleFirst ScheduleRemuneration Order380No. 7 Police where the contrary is provided in aRemuneration Order, increases of pay that may begranted in respect of an office in a grade in accordancewith the Remuneration Order shall be annual, but noincrease of pay shall be made in respect of an office in agrade in which the police officer performing the duties ofthe office has not completed a period of twelve monthscontinuous duty in that IIIAPPOINTMENT person seeking to be a trainee may apply to theCommissioner in the form and manner person making an application under section 10shall satisfy the requirements (1)The Commissioner may appoint as a trainee aperson applying under section 10, who satisfies therequirements prescribed.