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Cap. 164 · Police Act (Cap. 164)

Cap. 164 Art. 36Functions of the IndependentPolice Complaints Board. 

TITLE V

In forceOfficial text

(1) The the Independent Police Complaints Board shall have the following functions:

(a) to expeditiously inquire into and report on any matter regarding the conduct of the Force or any of its members either on its own motion on any matter referred by the Minister or on any complaint and, or request which the Independent Police Complaints Board may receive;

(b) to inquire and report on any complaint made to the Independent Police Complaints Board by an officer against treatment deemed prejudicial or discriminatory, or which may be the cause of undue distress;

(c) to request, if necessary, at any stage, the collaboration and, or assistance of the Internal Audit and Investigations Unit;

(d) to monitor relations between the Police Force and the public;

(e) to monitor, supervise and visit any cells where persons are or may be detained and to report thereon to the Police Governance Board and to the Minister;

(f) to perform any other function that may be assigned to it by regulations, or by any specific written instructions from the Minister;

(g) to recommend, in its decisions, any such action deemed fit and to send its recommendations to the Commissioner of Police and to the Social Affairs Committee about every complaint and, or request received;

(h) to refer its findings to the Attorney General and to the Commissioner of Police, where it results that the matter may involve criminal proceedings; and

(i) to submit an annual report to the Minister, the Commissioner of Police and the Social Affairs Committee.

(2) The Commissioner or any police officer or any civilian employee may be requested to appear before the Independent Police Complaints Board to answer questions and to provide information that may be relevant to the said Independent Police Complaints Board in the execution of its duties.

(3) The complainant may also be asked to attend before the Independent Police Complaints Board and to give further information.

(4) Notwithstanding the other provisions of this Title, it shall not be lawful for the Independent Police Complaints Board to inspect or demand the production of any exempt document within the meaning of article 637(3) to (6), both sub-articles inclusive, of the Code of

Organization and Civil Procedure nor to require any police officer to give any information contained in any such document.

(5) It shall also not be lawful for the Independent Police Complaints Board to demand the production of any document connected with a criminal investigation or to demand or to be given information on any such criminal investigation.

(6) A complaint shall not be entertained unless it is made not later than twelve months from the day on which the complainant first had knowledge of the matters complained about; but the Board may conduct an inquiry pursuant to a complaint not made within that period if it considers that there are special circumstances which make it proper to do so.

Amendment history
  • Amended by XXIV.2020.2