Fourth Schedule., The Police Ordinance

APPOINTMENT oF SPECIAL CoNSTABLE. NoTICE TO TERMINATE APPOINTMENT oF SPECIAL CoNSTABLE. CHAPTER 160. POLICE. An Ordinance to make provision for the organisation, discipline, powers and duties of the police. (1ST JANUARY, 1950.] PART I.-SHORT TITLE AND INTERPRETATION. 1. This Ordinance may be cited as the Police Ordinance; it shall come into operation on a date to be notified by the Governor in the Gazette, and shall apply to the Colony: .Provided that the Governor may, at any time, by notice in the Gazette direct that this Ordinance shall apply to the whole Protectorate, or by similar notice may from time to time direct that it shall apply to any part or parts of the Protectorate. • Government Notice 968 of 1949. t Applied to the whole of the Protectorate from the 1st September, 1954 (P.N. 65 of 1954). 2. In this Ordinance, unless the context otherwise requires- Interpreta. tion. " Commissioner ", " Deputy Commissioner ", and " Assist- 27 of 1953. ant Commissioner " mean respectively the Commissioner of Police, the Deputy Commissioner of Police, and an Assistant Commissioner of Police; "Provincial Commissioner" means any Administrative Officer in charge of a province or acting in that capacity; "constable" means any police officer of or below the rank of Sergeant-Major; " Court " means any court established by any law in force in Sierra Leone; " superior police officer " means any police officer of or above the rank of Assistant Superintendent; " junior police officer " means a Chief Inspector, an 27 of 1953. Inspector and a Sub-Inspector of Police; " Police " or " The Police " means a member or members of the Police Force established under this Ordinance; "The Force" means the Police Force established under this Ordinance; " police officer " means any member of the Force; " Superintendent of Police " includes a Senior Superin- 27 of 1953. tendent of Police, a Deputy Superintendent of Police, and an Assistant Superintendent of Police; "Non-commissioned Officer" means any police officer of and above the rank of Corporal but not above the rank of Sergeant-Major. PART H.-CoNSTITUTION AND EMPLOYMENT oF THE FoRCE. 3. There shall be established in Sierra Leone a Police Force Establishto be known as the Sierra Leone Police Force. ;~~!e0 ~orce. 4. The Police shall be employed for the detection of crime, the apprehension of offenders, the preservation of law and order, the protection of property, and the due enforcement of all laws and regulations with which they are directly charged. General duties of the 5. The Force shall consist of a Commissioner, a Deputy Constitution C · · d h A · C · · S · of the Forceomnnss10ner, an sue ss1stant omm1ss10ners, emor 27 of 1953. · Superintendents, Superintendents, Deputy Superintendents, Assistant Superintendents, Bandmasters, Chief Inspectors, Inspectors, Sub-Inspectors, Non-commissioned Officers and Constables and Recruits as the Governor may direct. of Commissioner of 6. The Governor may appoint some fit and proper person to be Commissioner of Police who, subject to the general orders and directions of the Governor, shall have the command and superintendence of the Force, and who shall be responsible to the Governor for the efficient administration and government of the Force, and for the proper expenditure of all public moneys appropriated for the service thereof. Appointment 7. (I) The Governor may appoint some fit and proper person ~~~~i~!foner to be Deputy Commissioner of Police who shall act as Principal of Police. Assistant to the Commissioner in the performance of his duties of Acting Commissioner. Delegation by Commissioner. Oaths for officers. in respect of the force, and who shall, until an appointment is made under paragraph (2) of this section, have power during the absence or incapacity of the Commissioner, to do any act or thing which may by law be done by the Commissioner. (2) The Governor, may, in the absence of the Commissioner, appoint some fit and proper person to act as Commissioner. 8. The Commissioner may, with the consent of the Governor, by writing under his hand, delegate any of his powers under this Ordinance (except this power of delegation) so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified or defined in the instrument of delegation. PART IlL-GENERAL ADMINISTRATION. 9. Every superior police officer shall on appointment take and subscribe the following oath:- " I... .................................... do swear that I will well and truly serve our Sovereign Lady the Queen, her heirs and successors, in the office of... .................................... , without favour or affection, malice or ill-will, and that I will cause Her Majesty's peace to be kept and preserved; and that I will prevent to the utmost of my power all offences against the same; and that while I shall continue to hold the said office, or some other office in the Sierra Leone Police Force, I will to the best of my skill and knowledge, discharge all the duties thereof faithfully according to Law-So Help me God." Such oath shall be taken and signed before the Commissioner. In the case of the Commissioner the oath shall be taken and signed before the Governor. of Commissioner of 6. The Governor may appoint some fit and proper person to be Commissioner of Police who, subject to the general orders and directions of the Governor, shall have the command and superintendence of the Force, and who shall be responsible to the Governor for the efficient administration and government of the Force, and for the proper expenditure of all public moneys appropriated for the service thereof. Appointment 7. (1) The Governor may appoint some fit and proper person c~~:~!foner to be Deputy Commissioner of Police who shall act as Principal of Police. Assistant to the Commissioner in the performance of his duties of Acting Commissioner. Delegation by Commissioner. Oaths for officers. in respect of the force, and who shall, until an appointment is made under paragraph (2) of this section, have power during the absence or incapacity of the Commissioner, to do any act or thing which may by law be done by the Commissioner. (2) The Governor, may, in the absence of the Commissioner, appoint some fit and proper person to act as Commissioner. 8. The Commissioner may, with the consent of the Governor, by writing under his hand, delegate any of his powers under this Ordinance (except this power of delegation) so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified or defined in the instrument of delegation. pART IlL-GENERAL ADMINISTRATION. 9. Every superior police officer shall on appointment take and subscribe the following oath:- " I... .................................... do swear that I will well and truly serve our Sovereign Lady the Queen, her heirs and successors, in the office of... .................................... , without favour or affection, malice or ill-will, and that I will cause Her Majesty's peace to be kept ·and preserved; and that I will prevent to the utmost of my power all offences against the same; and that while I shall continue to hold the said office, or some other office in the Sierra Leone Police Force, I will to the best of my skill and knowledge, discharge all the duties thereof faithfully according to Law-So Help me God." Such oath shall be taken and signed before the Commissioner. In the case of the Commissioner the oath shall be taken and signed before the Governor. ENLISTMENT AND SERVICE oF CoNSTABLES. 10. Every constable shall, before enlistment sign an attestation paper in the form in the First Schedule and shall, on appointment, be enlisted to serve in the Force for six years, or for such other period as may be fixed by the Governor, to be reckoned in all cases from the date on which he has been approved for service and taken on the strength. For the first three years of such service, a constable shall be on probation, and if during that time he be found unfit for his duties, he shall thereupon cease to belong to the Force, or have any claim against the Force, except for any pay which may be due to him when he so ceases to belong to the Force: Provided that for the first six months of service, or until he has successfully completed the period of training, a constable will be considered a recruit, and will draw pay as laid down for " Recruit." 11. Every constable shall on being enlisted make and sign the following declaration before the Commissioner, or before a superior police officer authorised by the Commissioner to receive such declaration, and the Commissioner or other officer receiving such declaration shall date it and sign it as having been made before him:- " I, A.B. do hereby solemnly and sincerely declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, and the Government of Sierra Leone in the office of constable, for a period of.. ......................... years and for such other period or periods as I may re-engage to serve, that I will obey all orders of the Governor and the officers placed over me, and subject myself to all Ordinances and rules relating to the Police now in force or which may from time to time be in force." Enlistment of constables. Declaration. 12. (1) Any constable of good character who has completed Reor is within six months of completing his period of enlistment engagement. may, with the approval of the Commissioner, re-engage to serve for subsequent periods of three years, until he has completed a total of twenty-one years' service, reckoning from the time of his enlistment. A constable who so re-engages shall make before a superior police officer the declaration set out in the Second Schedule. (2) Upon completing such period of twenty-one years he may, if he so desires, and with the approval of the Commissioner, continue to serve in the Police Force for such extended period Discharge or dismissal of 16 of 1949. as may be approved in the same manner in all respects as if his term of service were still unexpired, except that it shall be lawful for him to claim his discharge at the expiration of three months after he has given notice to the Commissioner of his wish to be discharged. (3} If a constable offers to re-engage within six months after having received his discharge he will, if his offer of service is accepted, on re-engagement be entitled to any good conduct badges which he may have earned, and to the rank which he was holding at the time of his discharge, provided there is a vacancy in the establishment of that rank at the time he re-engages. (4} The Commissioner may in his discretion permit a constable to re-engage after a period of six months has elapsed, and he may similarly allow such constable to retain all or some of the good conduct badges which he may have earned during his previous service, and to receive the extra pay in respect of such badges. (5} The question of the reinstatement of a constable, reengaged after a period of six months has elapsed since discharge, to the rank he held prior to his discharge shall be in the discretion of the Commissioner. (6) Any constable whose period of service expires during a state of war, insurrection, hostilities, or local disturbances may be detained and his service prolonged for such period as the Governor may direct. (7) Subject to the provisions of sub-section (2) no constable shall be at liberty to resign, or to withdraw himself from his duties, unless expressly allowed to do so by the Commissioner. (8) Any junior or non-commissioned officer or constable at any time during the currency of any term of engagement:- (a) may be discharged, when such junior or non~com missioned officer or constable- (i) has been pronounced by a medical officer to be physically or mentally unfit for further service, or (ii) has been generally inefficient in the discharge of his duties, or (iii) has applied for his discharge under sub-'section (2) or has been permitted by the Commissioner to resign, or (b) may be dismissed, when such junior or non-commissioned officer, or constable--:c Police (Cap. 150 (i) has been sentenced to be dismissed from the Force, or (ii) has been convicted of any offence before a Court of law: Provided that the Commissioner shall not without the approval of the Governor, discharge or dismiss a junior or noncommissioned officer or discharge or dismiss a constable who has been re-engaged, after his first term of engagement. Supernumerary Constables. 13. (I) If in any case application is made by any person for Superconstables to be employed on special duties, the Commissioner !~~~~~~~s. may enlist suitable persons as supernumerary constables who shall be engaged in such special duties only. Every man so enlisted shall sign before a superior police officer the declaration set out in the Third Schedule. (2) The persons so enlisted shall be deemed to be for all purposes members of the Force and shall be subject to all provisions of this Ordinance as regards the discipline, powers and immunities of constables. The extent of their duties shall be defined by the Commissioner. (3) Supernumerary constables shall wear uniform as prescribed by the Commissioner. Such uniform shall only be worn on duty and when going to and from duty. (4) The cost of uniform and equipment of any such supernumerary constable and any other expenses which the Commissioner may declare to be necessary, shall be borne by the person employing such constable: Provided that if the cost of uniform and equipment and other expenses are borne, or to be borne, in the first place by Government, such cost and expenses shall be covered by a deposit of money with the Accountant General. (5) Any person availing himself of the services of supernumerary constables shall pay such constables monthly at rates to be fixed from time to time by the Commissioner, who may require such person to deposit with the Accountant General such amount as the Commissioner considers necessary for the payment of such constables during their period of service. The Commissioner shall not be held responsible for the payment of supernumerary constables. (6) (a) When it is desired by any person availing himself of the services of any such supernumerary constable to have such services discontinued he shall give one month's notice in writing to the Commissioner, and shall at the same time give one S.L.-VoL. III-23 1546 Cap. 150] Police month's notice in writing to such supernumerary constable of the intention to terminate his services. (b) In the event of any person as aforesaid having, after dispensing with the services of all supernumerary constables enlisted on his behalf, any balance standing to his credit with the Accountant General after the payment of all expenses incurred in relation to such supernumerary constables, such balance shall on demand be paid by the Accountant General to such person. (7) No supernumerary constables shall have any claim on any police fund or for a pension or gratuity under this Ordinance or any Ordinance. 27 of 1953. (8) The dependants of a supernumerary constable who is Enlistment of special constables. 10 of 1952. killed in the actual discharge of his duty may be paid such gratuities and pensions as may be provided by rules made under section 64. (9) Every person enlisted as a supernumerary constable shall sign an attestation paper in the form prescribed in the First Schedule. (10) In the event of the Commissioner not having required any deposit of money with the Accountant General to meet expenses and for the payment of supernumerary constables, or if the sum so deposited is insufficient for such purposes, any sum due and payable under this section may be recovered by proceedings in the name of the Commissioner before a magistrate, by any superior police officer. Special Constables. 14. (1) (a) It shall be lawful for the Commissioner to enlist fit men as special constables for full-time or part-time employment with the Police when it is necessary to augment the regular force for the preservation of public peace and the prevention and detection of crime. (b) The Governor may prescribe the terms and conditions of service, including the rates of pay of special constables, and may prescribe different terms and conditions for such different classes of special constables as he may sp.ecify. (c) The Governor may designate any person enlisted as a special constable to be a superior police officer. (2) When it shall appear that any unlawful assembly or riot, or disturbance of the peace has taken place, or may be reasonably apprehended, and that the ordinary officers employed for preserving the peace are not sufficient for its preservation and for the protection of the inhabitants and the security of property, a. police officer not ?elow ~he rank of Senior ~uperintendent of police, may, forthwith enlist fit men as special constables for such time as shall seem necessary for the preservation of the public peace. On enlistment the special constable shall receive a, notice of appointment in the form set out in the Fourth F 8 ourth h d l chedule. Sc e u e. (3) The provisions of this section shall be in addition to and not in derogation of the provisions of section 13. 15. (I) Every special constable shall have the same powers, Po~ers, privileges, and protection, and shall be liable to perform the ~::::.sand same duties, and shall be amenable to the same penalties and be subordinate to the same authorities as any police officer. (2) Every special constable shall have such rank as shall be 27 of 1953. assigned to him by the Commissioner. 16. It shall be lawful for the Governor to provide at the Equipment public expense, for the use of special constables, clothing and equipment for the proper carrying out of the duties of their office. 17. If any person being appointed a special constable and Refusal to · 11 d f 1 b serveortobemg ca e upon to serve, re uses or neg ects to serve or o ey obey lawful such lawful orders and directions as may be given to him for the orders. performance of his duties, he shall for every such refusal or neglect be liable upon conviction before a magistrate to imprisonment for three months or to a fine of twenty pounds, unless he satisfies the magistrate that he was prevented by sickness or other unavoidable cause as may in the opinion of the magistrate be a sufficient excuse from so serving or from performing the duties required of him. 18. (1) The Commissioner of Police, or a superior police Pow«:r to ffi d l h · d b h" · h · f termmateo cer u y aut or1se y 1m, may termmate t e services o services. any special constable, and shall forthwith transmit notice 10 of 1952. thereof in writing in the form set out in the Fourth Schedule Fourth to the special constable concerned. Schedule. (2) Every special constable shall within one week after the receipt of a notice terminating his appointment deliver over to such person at such time and place as may be stated in the notice, his form of appointment, clothing and other equipment w~ich may have been provided for such special constable under this Ordinance. Any special constable who refuses or neglects S.L.-VoL. III-23* Prosecutions. Power to arrest without having warrant in possession. Summonses. Fingerprints. to make such delivery shall be liable on conviction before a magistrate to a fine not exceeding two pounds, and to pay the cost of any clothing and equipment not so delivered. (3) No special constable shall have any claim on any police fund, or for a pension or gratuity under this Ordinance or any Ordinance. (4) The dependants of a special constable who is killed in the actual discharge of his duty may be paid such gratuities and pensions as may be provided by rules made under section 64. PART IV.-POWERS OF POLICE OFFICERS. 19. Any police officer may conduct in person all prosecutions before any court of summary jurisdiction whether the information or complaint be laid in his name or not and whether or not the offence was committed in his presence or that of any other police officer. 20. Any warrant lawfully issued by a court for apprehending any person charged with any offence may be executed by any police officer at any time notwithstanding that the warrant is not in his possession at that time, but the warrant shall, on the demand of the person apprehended, be shown and read to him as soon as practicable after his arrest. 21. Any criminal summons lawfully issued by a court may be served by any police officer at any time during the hours of daylight: Provided that in cases where a police officer has reasonable cause to believe that a person is evading service, such summons may be served at any time. 22. (I) Whenever any person is prosecuted and charged before any court with an offence which amounts to felony or involves fraud or dishonesty, then, and in every such case, whether such offence is to be tried summarily or on information, or whether the said person has or has not been admitted to bail, it shall be lawful for a superior police officer or the police officer for the time being in charge of a Police Station, if he is of the opinion that there are grounds for suspecting that such person has been previously convicted or has been engaged in crime, or that from any other cause his photographs, measurements, thumb prints and fingerprints are required for the purposes of justice, to cause to be taken for use and record in the Police Department such photographs, measurements, thumb prints and fingerprints of the said person as such superior police officer or the police officer for the time being in charge of a Police Station, shall think fit: Provided that if no conviction of the said person shall follow as a result of, or in connection with, such said prosecution, then, and in every such case; the photographs of the said person shall, together with the records of his measurements, thumb prints and fingerprints, be destroyed or handed over to him. (2) A superior police officer or the police officer for the time being in charge of a Police Station is hereby authorised and empowered to take all such necessary action and do all such things as the proper and efficient execution of the provisions of this section may reasonably require. (3) Where a thumb print or a fingerprint is likely to become an exhibit in a criminal case any police officer may take, for comparison, the thumb prints and fingerprints of any person who is reasonably suspected of having made that thumb print or fingerprint. (4) Any person who shall refuse to submit to the taking and recording of his photographs, measurements, thumb prints or fingerprints, shall be taken before a Magistrate, who, on being satisfied that such person has been prosecuted and charged before any court with an offence which amounts to felony or involves fraud or dishonesty, or is reasonably suspected of having made a thumb print or fingerprint likely to become an exhibit in a criminal case, shall make such order as he thinks fit, authorising a police officer to take the measurements, photographs, thumb prints and fingerprints of such person. 23. A police officer not below the rank of Senior Superin- ~ower to tendent, a Magistrate, or two Justices of the Peace, whenever ~~::sed any tumult, riot, or felony happens, or is expected to happen, premi~es. in in any place, may order every person who sells intoxicating case 0 riOt. liquors on premises in or near the place where such tumult, riot, or felony happens, or is expected to happen, to close such premises during any time which the said police officer, Magistrate, or Justices may order; and any person who keeps open any such premises during any time during which the said police officer, Magistrate, or Justices shall have ordered them to be closed, shall, on conviction before a magistrate, be liable to. a penalty not exceeding fifty pounds, or, in default to imprisonment for any period not exceeding six months; and it shall be lawful for any member of the Police Force, after such order has been given, to use such force as may be necessary for the purpose of closing such premises. · Provisions only to apply when put in force by proclamation. Dispersal of assemblage in the public streets, etc. Persons found in street in possession of sticks for the purpose of assisting in a disturbance. Persons using provocative words. Power to stop processions. Cap. 73. Power to regulate processions. 24. It shall be lawful for the Governor, whenever such tumult riot or felony has taken place, or may be reasonably apprehended' by proclamation, to put in force the following provisions, o~ such of them as are named in the said proclamation, which provisions shall be in force in such area or areas for such time, not exceeding three months, as is stated therein: Provided always that it shall be lawful for the Governor from time to time during the continuance of any proclamation to vary and cancel the same:- (1} A police officer may disperse any assemblage whatever in any street, highway, path or public place and may arrest any person in such assemblage refusing or delaying to disperse, or re-assembling after dispersal. Any person so refusing or delaying to disperse or so re-assembling, shall, on summary conviction before a magistrate, be liable to imprisonment, with or without hard labour, for a period not exceeding three months, or to a fine not exceeding twenty-five pounds. (2} Any person found in a street, highway, path or public place in possession of any stick, stave, bludgeon, iron bar, or weapon of any sort or description which, in the opinion of a police officer he is carrying either for the purpose of assisting a disturbance, or is likely to use in case of a disturbance arising,· may be arrested, and may if the magistrate is of the same opinion, be summarily convicted by him, and punished in like manner as is laid down in the foregoing sub-section. (3} Any person making use of any words or gestures in the opinion of a police officer likely to lead to a breach of the peace, may be arrested and may, if the magistrate is of the same opinion, be summarily convicted by him and punished in like manner as is laid down in the foregoing sub-sections. 25. (1) Any police officer may stop any procession in respect of which a permit is required under the Processions Ordinance, and for which no permit has been issued, or which violates any of the conditions of a permit issued under that Ordinance, and may order such procession to disperse. (2} All persons taking part in any such procession as aforesaid, who refuse to obey an order to disperse, shall be liable on summary conviction to a fine not exceeding ten pounds and in default of payment to imprisonment for a period not exceeding three months. 26. (1) The superior police officer in charge of the Police in any area may, as regards a!ly procession of the nature of '~ Police [Cap. 150 l551H..,.- ----------------------------------------------------------' those set out in sub-section (6) of section 3 of the Processions Cap. 73. Ordinance, prescribe a particular route in such area, which the procession shall follow, and may prescribe that the procession shall abide by the directions of a police officer, in respect of " rules of the road ". (2) Any person who shall take part in a procession which follows a route other than the route which may have been prescribed under the immediately preceding sub-section, or who refuses to comply with any directions in respect of rules of the road, shall be guilty of an offence, and shall be liable on summary conviction for a first offence, to a fine not exceeding ten pounds, and, in default of payment, to imprisonment for a period not exceeding three months, and for a second or subsequent offence to a fine not exceeding twenty-five pounds, or to imprisonment for a period not exceeding six months. 27. The superior police officer in charge of the Police in any Traffic. area may make such orders as he thinks fit for the temporary direction and parking of any vehicular traffic which includes cycles, hand carts or any animal drawn vehicle. 28. Any person conducting himself in such manner in any I?Ie and public place, street, or highway, as to cause an obstruction or ~~~~~~:ly annoyance to the public, may be moved on by any police officer, or arrested and taken before a magistrate and on summary conviction shall be liable to a fine not exceeding five pounds. pART V.-POLICE FIRE BRIGADES. 29. (1) The Commissioner shall be the Chief Fire Commis- Police Fire sioner for such parts of Sierra Leone as the Governor rna y from Brigades. time to time decree. (2) The senior police officer in any town or area in which 27 of 1953. the Commissioner is Chief Fire Commissioner shall be senior Fire Cominissioner under him. {3) The Governor may appoint such other persons to be Fire Commissioners and may assign to them such seniority as he may think fit. 30. Fire Commissioners are authorised and required to D_uties of extinguish all fires which threaten life or property, and all !:~~i~~:~ police officers are required to aid the Fire Commissioners in and Police. the execution of their duties. .'! .. : ... Establishment of Police Fire Brigades. Authority vested in the senior Fire Commissioners. Closing streets and removing persons. Powers in relation to buildings. Penalty for interference Penalty for false alarm. Damage. 31. There shall be established in such areas, towns, or villages, as the Governor may direct, a Police Fire Brigade, which shall be authorised and required to extinguish all fires which threaten life and property. 32. The entire control of the measures to be taken in the case of fire shall vest in the senior Fire Commissioner present, who shall have the command-of any Police Fire Brigade and of any persons who may be engaged in extinguishing the fire. 33. On the occasion of any fire, any Fire Commissioner or police officer may close any street or remove any person who interferes with the extinguishing of the fire. 34. (I) For the purpose of extinguishing, or preventing the spread of any fire, a Fire Commissioner and any person acting under his instructions and any members of a Police Fire Brigade may enter any building and may pull down any building or any part thereof and do all other things as he rna y deem necessary. (2) A Fire Commissioner, or any police officer acting on instructions in writing under the hand of a Fire Commissioner may, on the receipt of information which he believes to be true, enter at any time any dwelling house, store house, or premises of any nature, with a view to ascertaining if inflammable matter is being stored to the danger of life and property and shall be empowered to order the immediate removal of such inflammable matter. Any person refusing to obey or comply with such instructions shall be liable, on summary conviction, to a fine of ten pounds, or in default of payment to imprisonment for a period of three months. 35. Any person who interferes with a Fire Commissioner or any person acting under his instructions, or with a member of a Police Fire Brigade shall be liable, on summary conviction, to a fine of ten pounds, or in default of payment to imprisonment for a period of three months. 36. Any person who by any means wilfully gives a false alarm of any fire, shall be liable, on summary conviction, to a fine of fifty pounds, or six months' imprisonment. 37. Any damage occasioned by the Fire Commissioners, or by any other person acting under the instructions of the Fire Commissioners, or by any member of a Police Fire Brigade in the execution of their duties, as such, shall be deemed to be damage by fire. 38. The provisions of sections 29 to 38 inclusive shall not Provisions apply to the City of Freetown, or to such towns or other areas ~;~licable to as the Governor may from time to time by Order direct. Frefetown. 9 0 1955. PART VL-PRoPERTY, UNCLAIMED, FouND OR OTHERWISE. 39. (1) Where any property has come into the possession Court may h P li · · · h · · 1 h makeorders of t e o ce m connectiOn w1t any cr1mma c arge, or as with respect unclaimed property, or property found or otherwise, a court ~o proper~y of summary jurisdiction may, on application either of a member :r~~~~:!~lon of the Police Force, or by a claimant of the property, either order the delivery of the property to the person appearing to the court to be the owner thereof, or, if the owner cannot be ascertained, make such order with respect to the property as to the court may seem meet. (2} An order under this section shall not affect the right of any person to take within six months from the date of the order, legal proceedings against any person in possession of the property, delivered by virtue of the order for the recovery of the property, but on the expiration of those six months the right shall cease. 40. Where the property is a perishable article or its custody Pe~shable involves unreasonable expenses or inconvenience, it may be artiCles. sold at any time, but the proceeds of sale shall not be disposed of until they have remained in the possession of the Police for six months. In any other case, the property shall not be sold until it has remained in the possession of the Police for three months. 41. The disposal of property forfeited to the Crown, or Disposal of which has come into the possession of the Police in the circum- unascetrtabined . d . b . f . . h proper y y stances ment10ne m su -sectiOn (1) o sectiOn 39, m cases w ere regulation. the owner of the property has not been ascertained and no order of the court has been made in respect thereto, shall be in accordance with rules made under section 64. pART VII.-OFFENCES. 42. (1) Any police officer who begins, raises, abets, counte- Offences. nances, or incites mutiny shall be liable, on conviction, to imprisonment for a period of two years. (2} Any police officer who- 1554 Cap. 150] Police (a) causes or joins in any disturbances whatsoever; (b) being at any assemblage, tending to riot, does not use his utmost endeavour to suppress such assemblage; (c) coming to the knowledge of any mutiny, or intended mutiny, does not without delay give information thereof to his superior officer; (d) strikes or offers any violence to his superior officer, such officer being in the execution of his duty; or (e) deserts or aids or abets the desertion of any constable from the Force; shall be liable on summary conviction to a fine of fifty pounds or to imprisonment for a period of six months. (3) Any person who, on enlistment to the Force, gives any answers, knowing the same to be false, to any of the questions set out in his attestation paper in the First Schedule, shall, on summary conviction be liable to imprisonment for a period of six months. 43. Desertion. Any police officer may be proceeded against for desertion Apprehension of deserters. Assault on police officer. without reference to the time during which he may have been absent, and thereupon may be found guilty of desertion: Provided that a police officer shall not be convicted as a deserter or of attempting to desert unless the court shall be satisfied that there was an intention on the part of such officer eith~r not to return to the Force, or to escape some particular service. 44. Upon reasonable suspicion that any person is a deserter, any constable or other person may apprehend him, and forthwith bring him before a court having jurisdiction in the place wherein he was found, which may deal with the suspected deserter, or remand him to a court having jurisdiction in the place in which he has deserted. 45. Every person who assaults, obstructs, or resists any police officer in the execution of his duty, or aids or incites ·any other person so to assault, obstruct or resist any police officer or any person aiding or assisting such police officer in the execution of his duty, shall be guilty of an offence, and, on summary conviction thereof before a magistrate, shall be liable to a fine of twenty pounds, or to imprisonment for a term of six months. 46. Any person who causes, or attempts to cause, or does any act calculated to cause disaffection amongst the members of the Police Force or induces or attempts to induce, or does any act calculated to induce any member of the Police Force to withhold his service or to commit breaches of discipline, shall be guilty of a misdemeanour and shall be liable on conviction on information to imprisonment, with or without hard labour, for a period not exceeding two years, or on summary conviction to imprisonment, with or without hard labour for a period not exceeding three months, or to a fine not exceeding fifty pounds or to both such imprisonment and fine. Penalty on persons causing disaffection etc., among members of Police Force. 47. (1} Every person who knowingly harbours or entertains, Ha:bouring . h d" tl . a· 1 11 . . . . police officer or, mt er uec y or m 1rect y, se s or gives any mtoxiCatmg or giving liquor to any police officer, or permits any such police officer P?lice officer b'd · · h' h ( · f g1ft orto a I e or remam m IS ouse except m case o extreme intoxicating urgency) when on duty, shall be guilty of an offence, and on liquor. summary conviction thereof before a magistrate, shall be liable 36 of 1959· to imprisonment for three months, or to a fine of ten pounds, or to both such imprisonment and fine. (2} Any person who, by threats or by offer of money, gift, intoxicating liquor, or any other thing, induces or endeavours to induce any police officer to commit a breach of his duty as police officer or to omit any part of such duty, shall be guilty of an offence, and on summary conviction thereof before a magistrate, shall be liable to imprisonment, with or without hard labour for a period not exceeding one year, or to a fine not exceeding two hundred pounds, or to both such imprisonment and fine, and in addition the money, gift, intoxicating liquor or thing shall be forfeited to Her Majesty. 48. Any person who knowingly uses or attempts to pass off Obt~in~g any forged or false certificate, character, letter, or other docu- ~':~;~~:e ment for the purpose of obtaining admission into the Force, by fraud. or who, on applying for enlistment, shall knowingly make any false answer to any question which shall be put to him by a police officer, shall be guilty of an offence, and on summary conviction thereof, shall be liable to imprisonment for a period of six months or to a fine of fifty pounds. 49. Nothing in this Ordinance shall be construed as exempting Ordinary l. ffi f b · d d · t · h d" course ofany po Ice o cer rom emg procee e agams m t e or mary law not to be course of law when accused of any offence punishable under interfered th 0 d. la with. any o er r mance or w. Loss of arms, etc. Fines or stoppages and purchases in canteen. Membership of political society, or trade union. Obedience to lawful commands. Private business or trade. so much only of his pay shall be stopped as shall leave him a residue of at least four-fifths of his monthly rate of pay, excluding good conduct pay. (2) When more than one order of stoppage is made upon the same person, the orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders are discharged. (3) In all cases of damage or loss of arms, clothing, equipment, or any Government property, in addition to such other punishment as may be awarded, the offender shall be put under stoppages of pay until he has made good the cost of repairing or replacing the articles lost or damaged: Provided that the total amount of such stoppages, or of such stoppages and stoppages under the immediately preceding sub-sections, shall not exceed in any one month one-fifth of the offender's monthly rate of pay. 57. (I) All fines, stoppages for clothing and equipment or pay forfeited may be deducted from the pay of any member of the Force who has incurred the liability. All fines and stoppages for clothing and equipment, or for pay forfeited, will be paid into the Treasury. (2) All debts incurred by purchases from an official Police canteen may be deducted from the pay of any member of the Force who has incurred the liability. 58. Police officers shall not except with the express approval of the Governor be members of, or have any connection whatsoever with, any political society, organisation, or movement, or with any trade union, or any union (Civil Service or otherwise), either within or without Sierra Leone: Provided that no such express approval shall be necessary in relation to membership of a Police Federation established under such conditions as the Governor in Council may, by rules made under this Ordinance, prescribe. Any breach of the provisions of this section may entail immediate dismissal from the Force . . 59. All police officers shall carry out the lawful commands of their superior officers. 60. No member of the Force shall, while he holds such appointment, engage in any private business or trade, without the consent of the Governor. Police [Cap. 150 1559 pART VIII.-MISCELLANEOUS PROVISIONS. 61. (I) It shall be lawful for the Commissioner, either on Rewa;-~s and · · · · h d · f J d f gratmtres.his own nnt1at1ve, or on t e recommen atwn o a u ge o the Supreme Court, or of a magistrate, to grant monetary rewards and gratuities to members of the Police Force (including special and supernumerary constables) for or in respect of- (a) wounds or injuries received on service or otherwise in the course of duty; (b) special acts of bravery, such as- (i) saving or attempting to save life; (ii) saving or attempting to save property from loss by fire, theft, shipwreck, or in other circumstances attended by danger; (c) valuable intelligence acquired by personal risk, hardship, or unusual skill; (d) any other special or meritorious service: Provided that any monetary reward or gratuity exceeding ten pounds shall require the sanction of the Governor. (2) All sums of money as may from time to time be granted Ptyable ~ut under sub-section (1) shall be paid out of the general revenue ~ev~~~;.a of the Colony. 62. The pay, allowances or gratuity of any police officer, or A;tachm:nt any monetary rewards granted under the immediately preced- ~ol~!bt~ c. ing section, shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever except a debt due to Government: Provided that the provisions of this section shall not apply to any debt incurred, or claim which has arisen, before the coming into force of this Ordinance. 63. Any person, who shall, knowingly, detain, buy, exchange Unla~ul · f b f d f h p li possessron ofor receive rom any mem er o , or eserter rom, t e o ce arms and Force, or who shall solicit or entice, or be employed by, any clo~hing of such member or deserter knowing him to be such, to sell, put Police. away, or dispose of, any arms, clothing, or equipment furnished for the use of the Police, or who shall have in his possession any such arms, clothing, or equipment, and shall not have a satisfactory account of how he came by the same, shall be guilty of an offence, and on summary conviction, be liable to a penalty not exceeding ten pounds, together with double the value of the several articles of which the offender shall so be or become possessed. Rules. 16 of 1949. 10 of 1952. pART IX.-RULES AND STANDING ORDERS. 64. The Governor in Council may make rules relating to all or any of the following purposes- (i) providing for the registration and photographing of criminals and persons prosecuted and charged before any Court with an offence which amounts to felony or involves fraud or dishonesty; (ii) describing the duties of officers of Police in connection with such registration and photographing; (iii) prescribing that the duties of police officers in connection with the registration and photographing of criminals and persons prosecuted and charged before any Court with an offence which amounts to felony or involves fraud or dishonesty may in places where there are no police officers be carried out by prison officials; (iv) prescribing the manner and form of registration of criminals and the places in which registers shall be kept; (v) providing for the taking of fingerprints of criminals and any persons prosecuted and charged before any Court with an offence which amounts to felony or involves fraud or dishonesty; · (vi) prescribing the persons who may be authorised to take fingerprints; (vii) prescribing how property which has come into the possession of the Police or which has been forfeited to the Crown shall be disposed of and prescribing the purposes for which any money obtained from the sale of property authorised to be sold may be applied; (viii) providing for the discipline of the Force and offences against discipline and punishments therefor; (ix) providing for the appointment of Courts of Enquiry to enquire into any matters affecting the good order and discipline of the Force, and regulating their procedure; (x) providing for the establishment and management of canteens and recreation rooms for the benefit of the Force; (xi) prescribing the dress, clothing and equipment to be issued to the Force; (xii) prescribing the pay and allowances to members of the Force and prescribing for withholding, suspending, deferring or stopping of increments of pay; (xiii) prescribing the leave to be enjoyed by members of the Force; (xiv) generally for the purpose of giving effect to this Ordinance; (xv) providing for the application of any of the provisions 27 of 1953. of the Pensions Ordinance and of any rules made thereunder Cap. 173. relating to the grant of gratuities and pensions to the dependants of special or supernumerary constables killed in the actual discharge of their duties as constables notwithstanding that such special or supernumerary constables as the case may be do not hold any pensionable office within the meaning of the said Ordinance. 65. The Commissioner may make such Standing Orders as ~tdding he may think fit and proper for the good order, discipline, and r ers. welfare of the Force, and such orders shall be binding upon all police officers. Without prejudice to the generality of the foregoing paragraph, such orders may provide for the following roatters- (1} the duties to be performed by police officers and for their guidance in the discharge of such duties; (2) the training and discipline of the Force; (3) the issue of arms, ammunition, accoutrements, uniforms and other necessaries to be supplied to the Force; (4) the qualifications of persons seeking enlistment in the Force, the form and method of their appointment, their general government with respect to their classification and rank, the services required of them and their conduct in the performance thereof; (5) organisation, administration, and training of the Force; (6} general police duties; (7) the management and government of police offices, training schools, barracks, stations and rifle ranges; (8) management and government of cells and lock-up rooms and of persons confined therein; (9) distribution, posting, and removal of police officers from station to station and the place or places in which they shall reside ; (10} duties of Police in connection with civil disturbances; and (11) duties of the Police Band. S.L.-VoL. III-24 Court Messengers. * Proclamation, etc. in case of riot. 9 of 1955. Members of existing Force. pART X.-APPLICATION TO PROTECTORATE. 66. (1) On the application of this Ordinance to the Protectorate or any part thereof, the Governor may direct that any Court Messenger serving therein may with his consent and the consent of the Commissioner of Police be transferred to the Police Force. (2) A Court Messenger who has been transferred to the Police Force as herein provided shall, notwithstanding that he has not complied with the provision of sections 10 and 11 hereof, be deemed for all purposes to be a constable and for the purposes of this Ordinance to have been enlisted to serve in the Force on the date on which he was enlisted to serve in the Force of Court Messengers. (3) A Court Messenger holding non-commissioned rank who has been trained as a constable and has been transferred to the Police Force as herein provided shall be deemed to be a police officer with the rank corresponding to that held by him as a Court Messenger at the time of his transfer. 67. On the application of this Ordinance to the Protectorate or to any part thereof, the powers exercisable by the Governor · under section 24 as to proclamations may be exercised by a Provincial Commissioner, in respect of his province or any district or districts therein. PART XI.-APPLICATION. 68. Every person now a member of the Force shall be deemed to be a member of the Force established under this Ordinance. * The Force of Court Messengers was disbanded in 1954 (Ordinance No. 28 of 1953).