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ENDNOTES Police Act (2021 Revision) (2021 Revision) Part I - Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Police Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In this Act \u2014 \u201cappropriate consent\u201d means in relation to a person \u2014 (a) who has attained the age of eighteen years, the consent of that person; (b) who has not attained the age of eighteen years, but has attained the age of fourteen years, the consent of that person and that person\u2019s parent or guardian; and (c) who has not attained the age of fourteen years, the consent of that person\u2019s parent or guardian; \u201carms\u201d means firearms as defined in the Firearms Act (2008 Revision); \u201carrestable offence\u201d means an offence prescribed as such in Schedule 1 to the Criminal Procedure Code (2021 Revision); \u201cchief officer\u201d means the chief officer having oversight of the Service, referred to in section 2 of the Public Management and Finance Act (2020 Revision); \u201cC.M.O.\u201d means the Chief Medical Officer of the Government and includes any person deputising for the Chief Medical Officer; Police Act (2021 Revision) \u201ccommanding officer\u201d means the Commissioner or a police officer in control of the police in any district; \u201cCommissioner\u201d means the Commissioner of Police appointed under this Act; \u201cconstable\u201d means a police officer of the rank of constable of any grade and includes a recruit constable, auxiliary constable and community support officer; \u201cfirearm offence\u201d means an offence under the Firearms Act (2008 Revision); \u201cInspector\u201d means a police officer of the rank of Inspector of any grade; \u201cintimate sample\u201d means \u2014 (a) a sample of blood, semen or any other tissue fluid, urine or pubic hair; (b) a dental impression; or (c) a swab taken from any part of a person\u2019s genitals (including pubic hair) or from a person\u2019s body orifices other than the mouth; \u201cintimate search\u201d means a search which consists of the physical examination of a person\u2019s body orifices other than the mouth; \u201cjunior officer\u201d means a police officer below the rank of Inspector; \u201cnon-intimate sample\u201d means \u2014 (a) a sample of hair other than a pubic hair; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part of a person\u2019s body other than a part from which a swab taken would be an intimate sample; (d) saliva; or (e) a skin impression, meaning in relation to any person, any record (other than a fingerprint) which is a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of that person\u2019s that person\u2019s foot or of any other part of that person\u2019s body; \u201cpolice officer\u201d means any member of the Service; \u201cpremises\u201d includes any place and, in particular, includes \u2014 (a) any vehicle, vessel, aircraft or hovercraft; and (b) any tent or movable structure; \u201cregistered dentist\u201d means a person duly registered as a dentist pursuant to the Health Practice Act (2021 Revision); \u201cregistered medical doctor\u201d means a person duly registered as a medical doctor pursuant to the Health Practice Act (2021 Revision); \u201cregistered nurse\u201d means a person duly registered as a nurse pursuant to the Health Practice Act (2021 Revision); \u201cregulations\u201d means regulations made under section 146; Police Act (2021 Revision) \u201crelevant evidence\u201d in relation to an offence, means anything that may be admissible in evidence at a trial for the offence; \u201csenior officer\u201d, when used in relation to any act done or thing suffered by a police officer, means a police officer senior in rank to the police officer doing the act or suffering the thing; \u201cService\u201d means the Royal Cayman Islands Police Service referred to in section 3; \u201cspecial constable\u201d means a member of the Special Constabulary referred to in Part IX; \u201cstanding orders\u201d means standing orders made by the Commissioner under section 6(1)(b); \u201ctraffic\u201d includes animals in the charge or under the control of any person, pedestrians and vehicles in or on any public thoroughfare and whether in motion or not; \u201cuniform services\u201d means the Royal Cayman Islands Police Service, Immigration Department, Customs Department, Fire Service or Prison Service; and \u201cWelfare Fund\u201d means the Police Welfare Fund referred to in section 91. Part II - Constitution and Administration\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Previous Force continued 3. The Royal Cayman Islands Police Force shall continue in being subject to this Act and shall be called the Royal Cayman Islands Police Service.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Constitution 4. The Service shall continue to consist of a Commissioner of Police and such other ranks as the Governor may prescribe.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Functions of the Service 5. (1) The Service shall be employed in the Islands for the maintenance and enforcement of law and order, the preservation of the peace, the protection of life and property, the prevention and detection of crime and the apprehension of offenders, and shall be entitled in the performance of its duties to carry arms. (2) Notwithstanding the generality of subsection (1), arms shall not be carried except with the authority of the Commissioner given under and in accordance with the general or special directions of the Governor. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"General powers of Commissioner 6. (1) The Commissioner shall have the command, superintendence and direction of the Service and may \u2014 (a) subject to section 8, make such appointments and promotions in respect of police officers as the Commissioner may see fit; (b) make standing orders for the general government of police officers in relation to their enlistment, discharge, training, arms, clothing, equipment and other appointments, and particular services as well as their distribution and inspection, and such other orders as the Commissioner may deem expedient for preventing neglect and for promoting efficiency and discipline; and (c) make such rules of practice and procedure for the efficient operation of this Act as the Commissioner may see fit. (2) The Commissioner may, in writing, delegate the Commissioner\u2019s powers to any officer of the rank of Chief Inspector or above. (3) Notwithstanding the generality of subsection (2), the Commissioner shall not delegate the Commissioner\u2019s power to hear any appeal relating to an offence against discipline or to impose upon a police officer any punishment which includes reduction in rank or discharge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Administration of the Service 7. (1) The administration of the Service throughout the Islands is vested in the Commissioner. (2) Subject to subsection (1), the control of the police in any place shall be vested in such police officer as may be appointed by the Commissioner to be in charge thereof. Part III - Appointments, Enlistments, Service and Discharge\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Appointments, etc. 8. (1) The Commissioner shall be appointed by the Governor, to hold office at the Governor\u2019s pleasure and be disciplined, discharged, retired early or otherwise dealt with subject to such other terms and conditions as are provided by this Act, the regulations and standing orders. (2) Police officers \u2014 (a) of the rank of Deputy Commissioner and Assistant Commissioner shall be appointed by the Governor, after consultation with the Commissioner, to hold office at the Governor\u2019s pleasure and be disciplined, discharged, Police Act (2021 Revision) retired early or otherwise dealt with subject to such other terms and conditions as are provided by this Act, the regulations and standing orders; (b) other than those specified in paragraph (a), shall be appointed by the Commissioner to hold office at the Commissioner\u2019s pleasure and be disciplined, discharged, retired early or otherwise dealt with subject to such other terms and conditions as are provided by this Act, the regulations and standing orders. (3) For the avoidance of doubt, it is declared that staff who are to work with the Service but who are not to be police officers shall be appointed by the relevant chief officer in accordance with the Public Service Management Act (2018 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Enlistments 9. Constables shall be enlisted in the Service for a period of two years on probation and shall, on concluding such probationary period to the satisfaction of the Commissioner, be confirmed by the Commissioner in their appointments.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Declaration and other requirements on enlistment 10. (1) Every police officer shall, on joining the Service or before entering on the duties of that police officer\u2019s office, make before a senior officer a declaration on oath or affirmation in the form prescribed in Schedule 1. (2) Every police officer required to make a declaration under subsection (1) shall, on joining the Service and before making such declaration, answer truthfully any question which may be put to that police officer as to that police officer\u2019s previous service in any of Her Majesty\u2019s Forces or any police force and as to whether that police officer has ever been convicted of any offence. (3) A person who wilfully makes a false statement in reply to any question put to that person under subsection (2) commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year, or to both. (4) Every police officer shall, on joining the Service or before entering on the duties of that police officer\u2019s office, have \u2014 (a) that police officer\u2019s fingerprints taken and recorded on the form prescribed in Schedule 2; and (b) such other sample, whether intimate or not, taken.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Identity card 11. An identity card in the form prescribed in Schedule 1 signed by the Commissioner or a senior officer authorised by the Commissioner in that behalf, shall be issued to every police officer and shall be evidence of that police officer\u2019s appointment. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Liability to serve 12. Police officers when ordered so to do by a senior officer are bound to proceed to and serve at any place in the Islands or on board any vessel or aircraft in the service of the Government.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Police officers not to engage in other employment or in political activities 13. A police officer shall not \u2014 (a) engage in any trade, business, employment or office whatsoever, or take part in any commercial undertaking outside the scope of that police officer\u2019s duties under this Act, except with the written authority of the Commissioner; or (b) take any part in any political organisation or electoral campaign within or without the Islands or engage in any other activity which might tend to interfere with the impartial discharge of that police officer\u2019s duties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Police Association continued 14. (1) The Police Association shall continue in being, and its purpose shall be to enable police officers to consider and bring to the notice of the Government any matter affecting their welfare and efficiency other than questions of discipline and promotion; and the Association shall be entirely independent of, and unassociated with, any body or person outside the Service, and shall be deemed not to be a trade union within the meaning of the Trade Union Act (2019 Revision). (2) Subject to subsection (1), a police officer shall not become a member of any trade union, or of any association the object or one of the objects of which is to control or influence the pay, pensions or conditions of service of any police service or body or of the public service of the Islands or of any association with political objects; and a police officer who contravenes this provision commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year or to both. (3) Any question whether a body is a trade union or association to which subsection (2) applies shall be determined by the Governor and such determination shall be final and conclusive and shall not be questioned in any court or other proceedings whatsoever.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Resignations 15. (1) A police officer may resign from the Service at any time giving to the Commissioner in writing not less than three months\u2019 notice of that police officer\u2019s intention so to do. (2) Notwithstanding the provisions of subsection (1), the Commissioner may, in any particular case, waive or curtail the period of notice. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Discharge 16. (1) Subject to subsection (3), the Commissioner may, at any time during the probationary period referred to in section 9, discharge from the Service a constable who has not been confirmed in that constable\u2019s appointment pursuant to section 9, if the Commissioner considers that the constable is unlikely to become an efficient police officer. (2) A police officer may at any time during the currency of that police officer\u2019s term of engagement \u2014 (a) be discharged, when that police officer has \u2014 (i) been pronounced by the C.M.O. to be physically or mentally unfit for further service; or (ii) in the opinion of the Commissioner, ceased to be efficient in the discharge of that police officer\u2019s duties; or (b) be discharged if, in the opinion of the Commissioner, the retention of that person\u2019s services would be contrary to the public interest. (3) A police officer shall not be discharged under this section unless the Commissioner has given that police officer one month\u2019s notice of the intention to discharge that police officer or, alternatively, one month\u2019s pay in lieu of such notice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Police officer ceasing to belong to the Service to hand over public property in that person\u2019s charge 17. (1) A police officer ceasing to be a member of the Service shall forthwith deliver up to a person appointed by the Commissioner for that purpose or to the police officer in charge at the place at which that police officer was last stationed, the identity card issued to that police officer under section 11 and all arms, equipment, uniforms and other appointments which have been supplied to that police officer which are the property of the Government. (2) An ex-police officer who, having ceased to belong to the Service, fails without good cause to comply with subsection (1) commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year, and to pay the value of the property not delivered up, which value may be ascertained by a summary court and recovered in the same manner as a fine or deducted in whole or in part from any credit due to the ex- police officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Status of police officers 18. Police officers of equal rank shall have equal status subject to seniority. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Police officers performing duties of higher rank 19. (1) For the purpose of any provision of this Act or any other Law under which a power in respect of the investigation of offences or the treatment of persons in police custody is exercisable only by or with the authority of a police officer of at least the rank of Superintendent, a police officer of the rank of Chief Inspector shall be treated as holding the rank of Superintendent if \u2014 (a) that police officer has been authorised by an officer holding a rank above the rank of Superintendent to exercise the power or, as the case may be, to give that police officer\u2019s authority for its exercise; or (b) that police officer is acting during the absence of a police officer holding the rank of Superintendent who has authorised that police officer, for the duration of that absence, to exercise the power or, as the case may be, to give that police officer\u2019s authority for its exercise. (2) For the purpose of any provision of this Act or any other Law under which such a power is exercisable only by or with the authority of a police officer of at least the rank of Inspector, a police officer of the rank of Sergeant shall be treated as holding the rank of Inspector if that police officer has been authorised by a police officer of at least the rank of Superintendent to exercise the power or, as the case may be, to give that police officer\u2019s authority for its exercise.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Special contracts of enlistment 20. Notwithstanding the provisions of this Part, the Commissioner may enlist such police officers from outside the Islands upon such contractual terms as may to the Commissioner appear necessary.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Retirement and pensions 21. (1) A police officer who has attained the age of sixty-five years, shall be retired without prejudice and may, in special circumstances and for such temporary periods, be accepted for such service as may be fixed by contract; however, a police officer of the rank of Inspector or below who has attained the age of sixty years, shall be retired without prejudice unless the officer successfully completes a fitness and medical test immediately prior to attaining that age. (2) A police officer who has served for thirty years in the Service may retire without prejudice and may, in special circumstances and for such temporary periods, be accepted for such service as may be fixed by contract. (3) The Governor may \u2014 (a) in the public interest; (b) on medical grounds; or (c) to improve the efficiency of the organisation, Police Act (2021 Revision) call upon the Commissioner, Deputy Commissioner or Assistant Commissioner to retire on pension. (4) The Commissioner may \u2014 (a) in the public interest; (b) on medical grounds; or (c) to improve the efficiency of the organisation, call upon any police officer, other than a police officer referred to in subsection (3), to retire on pension. (5) The police officer called upon in subsection (3) or (4) may retire. (6) The Public Service Pensions Act (2021Revision) shall, subject to this Act, apply to all police officers except a police officer employed upon contractual terms applicable to that police officer which provide for or specifically exclude pension rights. (7) The provisions of this section shall not apply to a police officer appointed prior to 15th July, 2016, unless the police officer elects to have those provisions apply; and if the police officer does not so elect, on and after that date, the provisions of section 20 of the repealed Police Law (2006 Revision) shall continue to apply to that police officer as if this section had not come into force.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Medical privileges 22. (1) Police officers, their spouses or civil partners and any children of the family are entitled to the same medical, dental and optical treatment benefits as may be applicable to the public service from time to time. (2) In this section and section 23 \u2014 \u201cchildren of the family\u201d includes any child who is the child, adopted or otherwise, of either party of a marriage or civil partnership or who has been brought up in the matrimonial home of such parties as a member of their family and is \u2014 (a) under the age of eighteen years, unmarried or not in a civil partnership and does not earn a living wage; or (b) over the age eighteen but under twenty-three years of age, unmarried or not in a civil partnership and in full time education at a university or other tertiary education institution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Special pensions in the event of death or incapacity attributable to performance of duty 23. (1) Where a police officer in \u2014 (a) the actual discharge of that police officer\u2019s duty and without that police officer\u2019s own default; or Police Act (2021 Revision) (b) circumstances specifically attributable to the nature of that police officer\u2019s duty in the Service, sustains an injury and dies within seven years as a result of that injury, it shall be lawful for the Governor in the Governor\u2019s discretion to grant out of funds made available by the Cayman Islands Parliament to the police officer\u2019s spouse or civil partner and to such of the children of the family such pension, in addition to any pension due under the Public Service Pensions Act (2021 Revision), not exceeding two-thirds of the deceased police officer\u2019s salary at the time of that police officer\u2019s death, as the Governor may determine, such pension to be paid to, or on account of the spouse or civil partner and children, in such proportions as the Governor shall, from time to time, decide. (2) Where a police officer is permanently incapacitated as a result of injuries received in the circumstances set forth in subsection (1), it shall be lawful for the Governor, in the Governor\u2019s discretion, to grant to the police officer, having regard to the degree of that police officer\u2019s permanent incapacity such pension in addition to any pension due under the Public Service Pensions Act (2021 Revision) not exceeding seventy-five per cent of that police officer\u2019s salary at the time of that police officer\u2019s becoming incapacitated as the Governor shall decide.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Police officers\u2019 funeral expenses 24. When a police officer dies during the course of that police officer\u2019s service that police officer\u2019s funeral expenses shall be paid out of public funds. Part IV - Powers, Duties and Privileges of Police Officers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"General powers 25. (1) Police officers shall exercise such powers and perform such duties as are by law conferred or imposed upon them, and shall obey all lawful directions in respect of the execution of their office which they may from time to time receive from police officers of a senior rank or service in equivalent rank. (2) Police officers shall be deemed to be on duty at all times. (3) It is the duty of police officers \u2014 (a) promptly to obey and execute all orders and warrants lawfully issued to them by any competent authority; (b) to collect and communicate intelligence affecting the public peace; (c) to prevent the commission of offences and public nuisances; (d) to detect and bring offenders to justice; and Police Act (2021 Revision) (e) to apprehend all persons whom they are legally authorised to apprehend or for whose apprehension sufficient ground exists. (4) A police officer may arrest without warrant any person who commits or attempts to commit an arrestable offence in that police officer\u2019s view or whom that police officer reasonably suspects to have committed an arrestable offence. (5) Any legal process, lawfully issued, may be served by a police officer between the hours of seven o\u2019clock in the morning and seven o\u2019clock in the evening. (6) Where a police officer has reasonable cause to believe that a person is evading service, that police officer may serve such process on such person at any time. (7) Notwithstanding any provision of this or any other Law, the service of process may be proved by endorsement by the police officer on the original or copy thereof of the fact, place and date of such service. (8) Any person who wilfully and corruptly endorses any false statement on an original or copy of a legal process commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Power of police officer to lay and exhibit complaints, etc. 26. Police officers may exhibit complaints or charges before Justices of the Peace and apply for such summonses, warrants, search warrants or other process as may lawfully be issued and may conduct prosecutions in the summary court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Police officers not liable for acts done under warrant 27. (1) Where in any suit instituted against a police officer that police officer\u2019s defence is that the act complained of was done in obedience to a warrant purporting to be issued by a Judge, Magistrate or Justice of the Peace, the court shall, upon production of the warrant containing the signature of the Judge, Magistrate or Justice of the Peace and upon proof that the act complained of was done in obedience to such warrant, enter judgment in favour of such police officer. (2) The proof of the signature of the Judge, Magistrate or Justice of the Peace shall not be required unless the court has reason to doubt the genuineness thereof; and where it shall be proved that such signature is not genuine, judgment shall nevertheless be given in favour of the police officer if it is proved that, at the time when the act complained of was committed, the police officer believed on reasonable grounds that such signature was genuine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Power to inspect licences or permits 28. (1) It shall be lawful for any police officer to stop and detain any person whom that police officer sees doing any act for which a licence or permit is required under any Law and to require such person to produce that person\u2019s licence or permit. Police Act (2021 Revision) (2) Any person who fails to produce such licence or permit when called upon by a police officer so to do may be arrested without a warrant unless the person gives that person\u2019s name and address and otherwise satisfies the police officer that that person will duly answer any summons or other proceedings which may be taken against that person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Duty to keep order in public places 29. (1) It is a duty of the Service \u2014 (a) to regulate and control traffic; (b) to divert all or any particular kind of traffic, when it is in the public interest so to do; (c) to keep order on public roads, streets, thoroughfares and landing places, and at other places of public resort or places to which the public have access; and (d) to prevent obstruction on the occasions of assemblies and processions on the public roads and streets, and in any case when any public road, street, thoroughfare or landing place may be thronged or may be liable to be obstructed. (2) A person who opposes or disobeys any lawful order given by a police officer in the performance of that police officer\u2019s duty under this section commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year or to both, and may be arrested without a warrant and the cause of any obstruction shall be removed or caused to be removed by the police officer to the police pound pursuant to the provisions of the Traffic Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Power to require names and addresses 30. A person who having been asked by a police officer in the execution of that police officer\u2019s duty to give that person\u2019s name and address refuses so to do or gives a false name or address commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Power to record identification 31. (1) Subject to sections 34, 35, 36, 37 and 38, a police officer may cause to be taken, for use and record in the registry of the Service, photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens of any person in lawful custody for any offence, whether such person has been convicted of such offence or not. (2) Where a person who is in lawful custody refuses to submit to the taking of any of the means of identification authorised to be taken under subsection (1), that person commits an offence and is liable on summary conviction to a fine of three Police Act (2021 Revision) thousand dollars or to imprisonment for one year, or to both and after conviction, reasonable force may be used to take such means of identification.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Elimination identification evidence 32. (1) A police officer may take the photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens of any persons who have been present at the scene of a crime for purposes of elimination only and subject to such conditions as may be prescribed. (2) Any fingerprints, palmprints or footprints taken pursuant to the provisions of this section shall be recorded on the form specified in Schedule 2. (3) Where a person refuses to submit to the taking of any means of identification authorised to be taken under subsection (1), that person commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year or to both and upon such conviction a police officer may use reasonable force to take such means of identification.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Destruction of records of identification 33. (1) Subject to subsection (4), on the acquittal of any person whose photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens have been taken pursuant to this Part, such photographs, descriptions, measurements, fingerprints, palmprints, footprints or physical specimens shall be destroyed or handed over to that person at that person\u2019s option. (2) Where a person\u2019s photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens have been taken pursuant to this Part, and that person \u2014 (a) is not charged; or (b) is charged, but the prosecution does not proceed with the charge or the proceedings are discontinued, such photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens shall be destroyed or handed over to that person at that person\u2019s option. (3) Where a person\u2019s photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens are to be destroyed the person or that person\u2019s legal representative shall \u2014 (a) be given prior notice of the date, time and location of such destruction; and (b) be issued with a certificate of destruction attesting to same. (4) Where the Commissioner is of the opinion that any photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens Police Act (2021 Revision) of any person taken pursuant to this Part should not be destroyed or handed over, the Commissioner shall \u2014 (a) upon the acquittal; or (b) upon an application under subsection (1) or (2), make an application to the court before which the person was acquitted, or where they were not brought before any court, the Grand Court, for the retention of any such photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens. (5) An application under subsection (4) may be made where the Commissioner has reasonable grounds to suspect that the person has been involved in the commission of another offence for which that person has not been charged.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Fingerprints 34. (1) Except as provided by this section, a person\u2019s fingerprints may not be taken without the appropriate consent. (2) Consent to the taking of a person\u2019s fingerprints shall be in writing if it is given at a time when that person is at a police station. (3) The fingerprints of a person detained at a police station may be taken without the appropriate consent if \u2014 (a) that person is detained in consequence of that person\u2019s arrest for an arrestable offence; (b) that person has been charged with an arrestable offence or informed that that person will be reported for such an offence; and (c) that person has not had that person\u2019s fingerprints taken in the course of the investigation of the offence by the police. (4) Where a person mentioned in subsection (3) has already had that person\u2019s fingerprints taken in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if \u2014 (a) the fingerprints taken on the previous occasion do not constitute a complete set of that person\u2019s fingerprints; or (b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching, whether in the case in question or generally. (5) The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if \u2014 (a) the court; or (b) as the case may be, a police officer of at least the rank of Inspector, authorises them to be taken. Police Act (2021 Revision) (6) A court or police officer may only give an authorisation under subsection (5) if \u2014 (a) the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that that person is not the same person; or (b) the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion. (7) A police officer may give an authorisation under subsection (5), orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable. (8) A person\u2019s fingerprints may be taken without the appropriate consent if \u2014 (a) that person has been convicted of an arrestable offence; or (b) that person has been given a caution in respect of an arrestable offence which, at the time of the caution, that person has admitted. (9) A police officer may take a person\u2019s fingerprints without the appropriate consent if the police officer reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence and \u2014 (a) the name of the person is unknown to, and cannot be readily ascertained by, the police officer; or (b) the police officer has reasonable grounds for doubting whether a name furnished by the person as that person\u2019s name is that person\u2019s real name. (10) The taking of fingerprints by virtue of subsection (9) does not count for any of the purposes of this Act as taking them in the course of the investigation of an offence by the police. (11) In a case where by virtue of subsection (3), (5), (8) or (9) a person\u2019s fingerprints are taken without the appropriate consent \u2014 (a) that person shall be told the reason before that person\u2019s fingerprints are taken; and (b) the reason shall be recorded as soon as is practicable after the fingerprints are taken. (12) If a person\u2019s fingerprints are taken at a police station, or by virtue of subsection (9) at a place other than a police station, whether with or without the appropriate consent \u2014 (a) before the fingerprints are taken, a police officer shall inform that person that the fingerprints may be the subject of a random search; and (b) the fact that the person has been informed of this possibility shall be recorded by the police officer as soon as is practicable after the fingerprints have been taken. Police Act (2021 Revision) (13) If a person is detained at a police station when that person\u2019s fingerprints are taken, the reason for taking them and, in the case falling within subsection (12), the fact referred to in paragraph (b) of that subsection shall be recorded on that person\u2019s custody record. (14) The power to take the fingerprints of a person detained at a police station without the appropriate consent \u2014 (a) shall be exercisable by any police officer; and (b) may be exercised with reasonable force. (15) Any fingerprints taken pursuant to the provisions of this section shall be recorded on the form specified in Schedule 2. (16) Where fingerprints are taken electronically from a person, they shall be taken only in such manner, and using such devices, approved from time to time by the Commissioner in writing and published by Order in the Gazette. (17) Where fingerprints have been taken contrary to the procedure prescribed in this section, the failure to follow the prescribed procedure shall not render the fingerprint evidence inadmissible in any legal proceedings. (18) In this section and section 39, \u201cfingerprints\u201d includes a palm print. (19) Nothing in this section applies to any person \u2014 (a) arrested or detained under the Terrorism Act (2018 Revision); or (b) arrested under an extradition arrest power.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Footprints and impressions of footwear 35. (1) Except as provided by this section, a person\u2019s footprint or impression of that person\u2019s footwear may not be taken without the appropriate consent. (2) Consent to the taking of a person\u2019s footprint or an impression of that person\u2019s footwear shall be in writing if it is given at a time when that person is at a police station. (3) Where a person is detained at a police station, that person\u2019s footprint or an impression of that person\u2019s footwear may be taken without the appropriate consent if \u2014 (a) that person is detained in consequence of that person\u2019s arrest for an arrestable offence, or has been charged with an arrestable offence, or informed that that person will be reported for an arrestable offence; and (b) that person has not had that person\u2019s footprint or an impression taken of that person\u2019s footwear in the course of the investigation of the offence by the police. (4) Where a person mentioned in subsection (3)(a) has already had that person\u2019s footprint or an impression of that person\u2019s footwear taken in the course of the investigation of the offence by the police, that fact shall be disregarded for the Police Act (2021 Revision) purposes of that subsection if the footprint or impression of that person\u2019s footwear taken previously is \u2014 (a) incomplete; or (b) is not of sufficient quality to allow satisfactory analysis, comparison or matching, whether in the case in question or generally. (5) If a footprint or an impression of a person\u2019s footwear is taken at a police station, whether with or without the appropriate consent \u2014 (a) before it is taken, a police officer shall inform that person that it may be the subject of a random search; and (b) the fact that the person has been informed of this possibility shall be recorded by the police officer as soon as is practicable after the impression has been taken, and if that person is detained at a police station, the record shall be made on that person\u2019s custody record. (6) In a case where, by virtue of subsection (3), a person\u2019s footprint or an impression of that person\u2019s footwear is taken without the appropriate consent \u2014 (a) that person shall be told the reason before it is taken; and (b) the reason shall be recorded on that person\u2019s custody record as soon as is practicable after the impression is taken. (7) The power to take a footprint or an impression of the footwear of a person detained at a police station without the appropriate consent \u2014 (a) shall be exercisable by any police officer; and (b) may be exercised with reasonable force. (8) Any footprint taken pursuant to the provisions of this section shall be recorded on the form specified in Schedule 2. (9) Where any footprints or impression of footwear have been taken contrary to the procedure prescribed in this section, the failure to follow the prescribed procedure shall not render the footprint or impression of footwear evidence inadmissible in any legal proceedings. (10) Nothing in this section applies to any person \u2014 (a) arrested or detained under the Terrorism Act (2018 Revision); or (b) arrested under an extradition arrest power.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Intimate samples 36. (1) Subject to section 40, an intimate sample may be taken from a person in police detention only \u2014 (a) if a police officer of at least the rank of Inspector authorises it to be taken; and (b) if the appropriate consent is given. Police Act (2021 Revision) (2) An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient \u2014 (a) if a police officer of at least the rank of Inspector authorises it to be taken; and (b) if the appropriate consent is given. (3) A police officer may only give an authorisation under subsection (1) or (2) if that police officer has reasonable grounds \u2014 (a) for suspecting the involvement of the person from whom the sample is to be taken in an arrestable offence; and (b) for believing that the sample will tend to confirm or disprove that person\u2019s involvement. (4) A police officer may give an authorisation under subsection (1) or (2) orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable. (5) The appropriate consent shall be given in writing. (6) Where \u2014 (a) an authorisation has been given; and (b) it is proposed that an intimate sample shall be taken in pursuance of the authorisation, a police officer shall inform the person from whom the sample is to be taken \u2014 (i) of the giving of the authorisation; and (ii) of the grounds for giving it. (7) The duty imposed by subsection (6)(ii) includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved. (8) If an intimate sample is taken from a person \u2014 (a) the authorisation by virtue of which it was taken; (b) the grounds for giving the authorisation; and (c) the fact that the appropriate consent was given, shall be recorded by a police officer as soon as is practicable after the sample is taken. (9) If an intimate sample is taken from a person at a police station \u2014 (a) before the sample is taken, a police officer shall inform that person that it may be the subject of a random search; and Police Act (2021 Revision) (b) the fact that the person has been informed of this possibility shall be recorded by a police officer as soon as practicable after the sample has been taken. (10) If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (8) or (9) shall be recorded in that person\u2019s custody record. (11) In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist. (12) In the case of any other form of intimate sample, except in the case of a sample of urine or buccal swab, the sample may be taken from a person only by \u2014 (a) a registered medical doctor; or (b) a registered nurse. (13) Where the appropriate consent to the taking of an intimate sample from a person was refused without good cause, in any proceedings against that person for an offence \u2014 (a) the court, in determining \u2014 (i) whether to commit that person for trial; or (ii) whether there is a case to answer; (b) a Judge, in deciding whether to grant an application made by the accused for dismissal of a charge; or (c) the court or jury, in determining whether that person is guilty of the offence charged, may draw such inferences from the refusal as appear reasonable. (14) Where any intimate samples have been taken contrary to the procedure prescribed in this section, the failure to follow the prescribed procedure shall not render the intimate sample evidence inadmissible in any legal proceedings. (15) Nothing in this section applies to the taking of a specimen for the purposes of any of the provisions of sections 82 to 88 of the Traffic Act (2021 Revision). (16) Nothing in this section applies to a person arrested or detained under the Terrorism Act (2018 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Other samples 37. (1) Except as provided by this section, a non-intimate sample may not be taken from a person without the appropriate consent. (2) Where a person gives consent to the taking of a non-intimate sample, that consent shall be in writing. (3) A non-intimate sample may be taken from a person, without the appropriate consent \u2014 Police Act (2021 Revision) (a) if \u2014 (i) that person is being held in custody by the police on the authority of a court; and (ii) a police officer of at least the rank of Inspector authorises it to be taken without the appropriate consent; or (b) where the following conditions are satisfied \u2014 (i) the person is in police detention in consequence of that person\u2019s arrest for an arrestable offence; and (ii) either that person has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or that person has had such a sample taken but it proved insufficient. (4) A non-intimate sample may be taken from a person, whether or not that person is in police detention or held in custody by the police on the authority of a court, without the appropriate consent if \u2014 (a) that person has been charged with an arrestable offence or informed that that person will be reported for such an offence; and (b) either the person has not had a non-intimate sample taken from that person in the course of the investigation of the offence by the police or the person has had a non-intimate sample taken from that person but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient. (5) A non-intimate sample may be taken from a person without the appropriate consent if that person has been convicted of an arrestable offence. (6) A non-intimate sample may also be taken from a person without the appropriate consent if that person is a person to whom section 159 of the Criminal Procedure Code (2021 Revision) applies. (7) A police officer may only give an authorisation under subsection (3)(a) if the police officer has reasonable grounds \u2014 (a) for suspecting the involvement of the person from whom the sample is to be taken in an arrestable offence; and (b) for believing that the sample will tend to confirm or disprove that person\u2019s involvement. (8) A police officer may give an authorisation under subsection (3)(a) orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable. (9) A police officer shall not give an authorisation under subsection (3)(a) for the taking from any person of a non-intimate sample consisting of a skin impression if \u2014 Police Act (2021 Revision) (a) a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and (b) the impression previously taken is not one that has proved insufficient. (10) Where \u2014 (a) an authorisation has been given; and (b) it is proposed that a non-intimate sample shall be taken in pursuance of the authorisation, a police officer shall inform the person from whom the sample is to be taken \u2014 (i) of the giving of the authorisation; and (ii) of the grounds for giving it. (11) The duty imposed by subsection (10)(ii) includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved. (12) If a non-intimate sample is taken from a person by virtue of subsection (3) \u2014 (a) the authorisation by virtue of which it was taken; and (b) the grounds for giving the authorisation, shall be recorded by a police officer as soon as is practicable after the sample is taken. (13) In a case where by virtue of subsection (3), (4), (5) or (6) a sample is taken from a person without the appropriate consent \u2014 (a) that person shall be told the reason before the sample is taken; and (b) the reason shall be recorded by a police officer as soon as practicable after the sample is taken. (14) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent \u2014 (a) before the sample is taken, a police officer shall inform that person that it may be the subject of a random search; and (b) the fact that the person has been informed of this possibility shall be recorded by a police officer as soon as practicable after the sample has been taken. (15) If a non-intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (12), (13) or (14) shall be recorded in that person\u2019s custody record. (16) The power to take a non-intimate sample from a person without the appropriate consent \u2014 (a) shall be exercisable by any police officer; and (b) may be exercised with reasonable force. Police Act (2021 Revision) (17) Where a non-intimate sample consisting of a skin impression is taken electronically from a person, it shall be taken only in such manner, and using such devices, approved from time to time by the Commissioner in writing and published by Order in the Gazette. (18) Where any non-intimate samples have been taken contrary to the procedure prescribed in this section, the failure to follow the prescribed procedure shall not render the non-intimate sample evidence inadmissible in any legal proceedings. (19) Nothing in this section applies to any person \u2014 (a) arrested or detained under the Terrorism Act (2018 Revision); or (b) arrested under an extradition arrest power.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Photographs 38. (1) A person who is detained at a police station may be photographed \u2014 (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (2) A person who has been \u2014 (a) arrested by a police officer for an offence; or (b) taken into custody by a police officer after being arrested for an offence by a person other than a police officer, may be photographed elsewhere than at a police station \u2014 (i) with the appropriate consent; or (ii) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (3) A police officer proposing to take a photograph of any person under this section \u2014 (a) may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and (b) if the requirement is not complied with, may remove the item or substance themselves. (4) Where a photograph may be taken under this section, the only persons entitled to take the photograph are police officers, and where the appropriate consent is not given, the police officer may use reasonable force, to do so. (5) A photograph taken under this section \u2014 Police Act (2021 Revision) (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution or to the enforcement of a sentence; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (6) In subsection (5) \u2014 (a) the reference to crime includes a reference to any conduct which \u2014 (i) constitutes one or more criminal offences whether under the laws of the Islands or of a country or territory outside the Islands; or (ii) is, or corresponds to, any conduct which, if it all took place in any part of the Islands would constitute one or more criminal offences; (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the Islands of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the Islands; and (c) \u201csentence\u201d includes any order made by a court in the Islands when dealing with an offender in respect of that offender\u2019s offence. (7) References in this section and sections 31 and 32 to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly. (8) In this section and sections 31 and 32, a \u201cphotograph\u201d includes a moving image, and corresponding expressions shall be construed accordingly. (9) Where any photograph has been taken contrary to the procedure prescribed in this section, the failure to follow the prescribed procedure shall not render the photographic evidence inadmissible in any legal proceedings. (10) Nothing in this section applies to a person arrested under an extradition arrest power.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Use of fingerprints and other samples 39. (1) Where a person has been arrested on suspicion of being involved in an arrestable offence or has been charged with such an offence or has been informed that that person will be reported for such an offence, any fingerprints, footprints, impressions of footwear or samples or the information derived from samples taken under any power conferred by this Part from the person may be checked against \u2014 (a) other fingerprints, footprints, impressions of footwear or samples to which the person seeking to check has access and which are held by or on behalf of, any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence; or Police Act (2021 Revision) (b) information derived from other samples if the information is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a). (2) Fingerprints taken by virtue of section 34(9) may be checked against other fingerprints to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence. (3) In subsections (1) and (2) \u201crelevant law-enforcement authorities\u201d means \u2014 (a) any police service within or outside of the Islands; (b) any person with functions in any country or territory outside the Islands which \u2014 (i) correspond to those of a police force; or (ii) otherwise consist of or include the investigation of conduct contrary to the law of that country or territory, or the apprehension of persons guilty of such conduct; or (c) any person with functions under any international agreement which consist of or include the investigation of conduct which is \u2014 (i) unlawful under the law of one or more places; (ii) prohibited by such an agreement; or (iii) contrary to international law, and, in addition, functions which consist of or include the apprehension of persons guilty of such conduct. (4) Where \u2014 (a) fingerprints, footprints, impressions of footwear or samples have been taken from any person in connection with the investigation of an offence other than in circumstances to which subsection (1) applies; and (b) that person has given that person\u2019s consent in writing to the use in a random search of the fingerprints, footprints, impressions of footwear or any of the samples and of information derived from them, the fingerprints, footprints, impressions of footwear or, as the case may be, those samples and that information may be checked against any of the fingerprints, footprints, impressions of footwear, samples or information mentioned in subsection (1)(a) or (b). (5) A consent given for the purposes of subsection (4) shall not be capable of being withdrawn. (6) Where a sample of hair other than pubic hair is to be taken, the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no Police Act (2021 Revision) more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample. (7) Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the Prisons Act (2021 Revision) applies. (8) Where \u2014 (a) the power to take a non-intimate sample under section 37(5) is exercisable in relation to any person who is detained under section 7 or 8 of the Mental Health Act (2021 Revision); or (b) the power to take a non-intimate sample under section 37(6) is exercisable in relation to any person, the sample may be taken in the hospital in which the person is detained. (9) A police officer may, within the allowed period, require a person who is neither in police detention nor held in custody by the police on the authority of a court to attend a police station in order to have a sample taken where \u2014 (a) the person has been charged with an arrestable offence or informed that the person will be reported for such an offence and either the police officer has not had a sample taken from that person in the course of the investigation of the offence by the police or the police officer has had a sample so taken from that person but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient; or (b) the person has been convicted of an arrestable offence and either the police officer has not had a sample taken from that person since the conviction or the police officer has had a sample taken from that person, before or after that person\u2019s conviction, but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient. (10) The period allowed for requiring a person to attend a police station for the purpose specified in subsection (9) is \u2014 (a) in the case of a person falling within paragraph (a), one month beginning with the date of the charge, or of that person\u2019s being informed as mentioned in that paragraph, or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be; or (b) in the case of a person falling within paragraph (b), one month beginning with the date of the conviction or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be. Police Act (2021 Revision) (11) A requirement under subsection (9) \u2014 (a) shall give the person at least seven days within which that person shall so attend; and (b) may direct that person to attend at a specified time of day or between specified times of day. (12) A police officer may arrest without a warrant a person who has failed to comply with a requirement under subsection (9). (13) Where a person has failed to comply with a requirement under subsection (9) that person commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year, or to both. (14) In this section \u201cthe appropriate officer\u201d is \u2014 (a) in the case of a person falling within subsection (9)(a), the police officer investigating the offence with which that person has been charged or as to which the person was informed that that person would be reported; or (b) in the case of a person falling within subsection (9)(b), the police officer in charge of the police station from which the investigation of the offence of which the person was convicted was conducted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Testing for presence of controlled drugs 40. (1) A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether the person has any controlled drug in that person\u2019s body if \u2014 (a) that person has been arrested for an offence but has not been charged or been charged with an offence and a police officer of at least the rank of Inspector has reasonable grounds for suspecting that the misuse by that person of a controlled drug caused or contributed to the offence and has authorised the sample to be taken; (b) that person has been charged with a firearm offence and a police officer of at least the rank of Inspector has reasonable grounds for suspecting that the misuse by that person of a controlled drug caused or contributed to the offence and has authorised the sample to be taken; (c) that person has attained the age of seventeen years; and (d) a police officer has requested that the person concerned give the sample. (2) Before requesting the person concerned to give a sample, a police officer shall \u2014 (a) warn the person that if, when so requested, the person fails without good cause to do so that person may be liable to prosecution; and (b) in a case within subsection (1)(a) or (b), inform that person of the giving of the authorisation and of the grounds in question. Police Act (2021 Revision) (3) In the case of a person who has not attained the age of seventeen \u2014 (a) the making of the request; (b) the giving of the warning and (where applicable) the information under subsection (2); and (c) the taking of the sample, may not take place except in the presence of an appropriate adult. (4) If a sample is taken under this section from a person in respect of whom an arrest has been made but that person has not been charged no other sample may be taken from that person under this section during the same continuous period of detention but if the person is subsequently charged at any time during that period \u2014 (a) the sample shall be treated as a sample taken by virtue of the fact that that person has been charged; and (b) the fact that the sample is to be so treated shall be recorded in the person\u2019s custody record. (5) Notwithstanding subsection (1), a sample may be taken from a person under this section if \u2014 (a) the person was arrested for an offence (in this subsection referred to as the \u201cfirst offence\u201d); (b) the person was arrested but not charged; (c) before a sample is taken by virtue of subsection (1) the person would, but for that person\u2019s arrest as mentioned in paragraph (d), be required to be released from police detention; (d) that person continues to be in police detention by virtue of that person having been arrested for an offence not being a firearm offence; and (e) the sample is taken before the end of the period of twenty-four hours starting with the time when that person\u2019s detention by virtue of that person\u2019s arrest for the first offence began. (6) A sample shall not be taken from a person under this section if the person is detained in a police station unless that person has been brought before a custody officer appointed pursuant to section 69. (7) Information obtained from a sample taken under this section may be disclosed \u2014 (a) for the purpose of informing any decision about granting bail in criminal proceedings, within the meaning of the Bail Act (2015 Revision), to the person concerned; Police Act (2021 Revision) (b) for the purpose of informing any decision about the giving of a conditional caution under the Youth Justice Act (2021 Revision) to the person concerned; (c) where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about that person\u2019s supervision; (d) where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about that person\u2019s supervision or release; (e) for the purpose of an assessment which the person concerned is required to attend by virtue of the Alternative Sentencing Act (2008 Revision) or the Drug Rehabilitation Court Act (2015 Revision); (f) for the purpose of proceedings against the person concerned for an offence under the Misuse of Drugs Act (2017 Revision); or (g) for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned. (8) A person who fails without good cause to give any sample which may be taken from that person under this section commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year, or to both. (9) A police officer may give an authorisation under this section orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable. (10) If a sample is taken under this section by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken. (11) If the sample is taken from a person detained at a police station, any matters required to be recorded under this Part shall be recorded in that person\u2019s custody record. (12) Section 36(15) and (16) apply for the purposes of this section as they do for the purposes of that section; and this section does not prejudice the generality of sections 36 and 37. (13) In this section \u2014 \u201cappropriate adult\u201d, in relation to a person who has not attained the age of seventeen, means \u2014 (a) that person\u2019s parent or guardian or, if that person is in the care of the Department of Children and Family Services, a person representing that Department; (b) a social worker; or Police Act (2021 Revision) (c) if no person falling within paragraph (a) or (b) is available, any responsible person aged eighteen or over who is not a police officer or a person employed by the Service; \u201ccontrolled drug\u201d has the same meanings as in the Misuse of Drugs Act (2017 Revision); and \u201crelevant senior officer\u201d means in relation to a police station, the most senior police officer for that police station.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Power of police officer to stop and search persons, vehicles, etc. 41. (l) A police officer may exercise any power conferred by this section \u2014 (a) in any place to which at the time when the police officer proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or (b) in any other place to which people have ready access at the time when the police officer proposes to exercise the power but which is not a dwelling. (2) Subject to subsections (3) to (5), a police officer \u2014 (a) may search \u2014 (i) any person or vehicle; or (ii) anything which is in or on a vehicle, for stolen or prohibited articles or any article to which subsection (9) applies; and (b) may detain a person or vehicle for the purpose of such a search. (3) This section does not give a police officer power to search a person or vehicle or anything in or on a vehicle unless the police officer has reasonable grounds for suspecting that that police officer will find stolen or prohibited articles or any article to which subsection (9) applies. (4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a police officer may not search that person in the exercise of the power conferred by this section unless the police officer has reasonable grounds for believing \u2014 (a) that the person does not reside in the dwelling; and (b) that the person is not in the place in question with the express or implied permission of a person who resides in the dwelling. (5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a police officer may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless the police officer has reasonable grounds for believing \u2014 (a) that the person in charge of the vehicle does not reside in the dwelling; and Police Act (2021 Revision) (b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling. (6) If in the course of a search under subsections (4) and (5), a police officer discovers an article which the police officer has reasonable grounds for suspecting to be a stolen or prohibited article or an article to which subsection (9) applies, the police officer may seize it. (7) An article is prohibited for the purposes of this Part if it is \u2014 (a) an offensive weapon, prohibited weapon or restricted weapon within the meaning of section 78 of the Penal Code (2019 Revision); or (b) an article \u2014 (i) made or adapted for use in the course of or in connection with an offence to which this subsection applies; or (ii) intended by the person having it with that person for such use by that person or by some other person. (8) The offences to which subsection (7) applies are \u2014 (a) burglary; (b) theft; (c) offences under section 90 of the Traffic Act (2021 Revision); and (d) offences under section 247 of the Penal Code (2019 Revision). (9) This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit, an offence under section 80 or 81 of the Penal Code (2019 Revision). (10) Nothing in this Act shall derogate from a police officer\u2019s powers of search under section 82 of the Penal Code (2019 Revision), Part VI of the Firearms Act (2008 Revision) or the Misuse of Drugs Act (2017 Revision). (11) The search of a person under this section shall be carried out by a police officer of the same gender as that person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Provisions relating to search under section 41 and other powers 42. (1) A police officer who detains a person or vehicle in the exercise \u2014 (a) of the power conferred by section 41; or (b) of any other power \u2014 (i) to search a person without first arresting that person; or (ii) to search a vehicle without making an arrest, is not required to conduct a search if it appears to that police officer subsequently that no search is required or that a search is impracticable. Police Act (2021 Revision) (2) If a police officer contemplates a search, other than a search of an unattended vehicle, in the exercise \u2014 (a) of the power conferred by section 41; or (b) of any other power \u2014 (i) to search a person without first arresting that person; or (ii) to search a vehicle without making an arrest, it shall be the police officer\u2019s duty, subject to subsection (4), to take reasonable steps before the police officer commences the search to bring to the attention of the relevant person \u2014 (A) if the police officer is not in uniform, documentary evidence that that person is a police officer, and (B) whether the police officer is in uniform or not, the matters specified in subsection (3); and the police officer shall not commence the search until the police officer has performed that duty. (3) The matters referred to in subsection (2)(B) are \u2014 (a) the police officer\u2019s name; (b) the object of the proposed search; (c) the police officer\u2019s grounds for proposing to make it; and (d) the effect of section 43(7) or (8), as may be appropriate. (4) A police officer is not required to bring the effect of section 43(7) or (8) to the attention of the relevant person if it appears to the police officer that it will not be practicable to make the record in section 43(1). (5) In this section \\\"the relevant person\\\" means \u2014 (a) if the police officer proposes to search a person, that person; and (b) if the police officer proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle. (6) Where a police officer has reasonable suspicion to search a vehicle that is unattended, the police officer may break and enter that vehicle. (7) On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in subsections (2) and (6), a police officer shall leave a notice \u2014 (a) stating that the police officer has searched it; (b) giving the name of the police station to which that police officer is attached; and (c) stating the effect of section 43(8). Police Act (2021 Revision) (8) The police officer shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle. (9) The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby. (10) Neither the power conferred by section 41 nor any other power to detain and search a person without first arresting that person or to detain and search a vehicle without making an arrest is to be construed as authorising a constable to require a person to remove any of that person\u2019s clothing in public other than an outer coat, jacket or gloves. (11) This section and section 41 apply to vessels, aircraft and hovercraft as they apply to vehicles.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Duty to make records concerning searches 43. (1) Where a police officer has carried out a search in the exercise of any power as is mentioned in section 42(1), the police officer shall \u2014 (a) make a record of it in writing upon completion of the search; or (b) where it is not practicable to make the record on the spot, the police officer shall make it as soon as practicable after the completion of the search. (2) The record of a search of a person shall include a note of that person\u2019s name, if the police officer knows it. (3) If a police officer does not know the name of a person whom the police officer has searched, the record of the search shall include a note otherwise describing that person. (4) The record of a search of a vehicle shall include a note describing and identifying the vehicle. (5) The record of a search of a person or a vehicle \u2014 (a) shall state \u2014 (i) the object of the search; (ii) the grounds for making it; (iii) the date and time when it was made; (iv) the place where it was made; (v) whether anything, and if so what, was found; (vi) whether any, and if so what, injury to a person or damage to property appears to the police officer to have resulted from the search; and (b) shall identify the police officer making it. (6) If \u2014 Police Act (2021 Revision) (a) a person who has been searched requests a copy of the record of the search; and (b) the police officer who conducted the search made a record of it, the person who made the request shall be entitled to a copy. (7) If \u2014 (a) the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched requests a copy of the record of the search; and (b) the police officer who conducted the search made a record of it, the person who made the request shall be entitled to a copy. (8) The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Search warrant safeguards 44. (1) Notwithstanding section 26 of the Criminal Procedure Code (2021 Revision), or any amending or superseding version, this section has effect in relation to the issue to police officers under any Law, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section. (2) Where a police officer applies for any such warrant it shall be the police officer\u2019s duty \u2014 (a) to state \u2014 (i) the ground on which the police officer makes the application; and (ii) the Law under which the warrant would be issued; (b) to specify the premises which it is desired to enter and search; and (c) to identify, so far as is practicable, the articles or persons to be sought. (3) An application for such a warrant shall be made ex parte and supported by an information in writing. (4) The police officer shall answer on oath any question that the Justice of the Peace, Magistrate or Judge hearing the application asks that police officer. (5) A warrant shall authorise an entry on one occasion only. (6) A warrant \u2014 (a) shall specify \u2014 (i) the name of the person who applies for it; (ii) the date on which it was issued; (iii) the Law under which it was issued; and Police Act (2021 Revision) (iv) the premises to be searched; and (b) shall identify, so far as is practicable, the articles or persons to be sought. (7) Two copies shall be made of a warrant. (8) The copies shall be clearly certified as copies.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Power of Justice of the Peace to authorise entry and search of premises 45. (1) Notwithstanding section 26 of the Criminal Procedure Code (2021 Revision), if on an application made by a police officer a Justice of the Peace is satisfied that there are reasonable grounds for believing \u2014 (a) that an arrestable offence has been committed; (b) that there is material on premises specified in the application which is likely to be of substantial value, whether by itself or together with other material, to the investigation of the offence; (c) that the material is likely to be relevant evidence; (d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and (e) that any of the conditions specified in subsection (3) applies, that person may issue a warrant authorising a police officer to enter and search the premises. (2) A police officer may seize and retain anything for which a search has been authorised under subsection (1). (3) The conditions mentioned in subsection (1)(e) are \u2014 (a) that it is not practicable to communicate with any person entitled to grant entry to the premises; (b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence; (c) that entry to the premises will not be granted unless a warrant is produced; or (d) that the purpose of a search may be frustrated or seriously prejudiced unless a police officer arriving at the premises can secure immediate entry to them. (4) The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Special provisions as to access to excluded material 46. (1) A police officer may obtain access to excluded material for the purposes of a criminal investigation by making an application under Schedule 3 and in accordance with that Schedule. (2) Any Law enacted before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a police officer shall cease to have effect so far as it relates to the authorisation of searches for \u2014 (a) items subject to legal privilege; or (b) excluded material. (3) Where the items are claimed to be subject to legal privilege or excluded material the police officer shall be able to obtain access to those documents in a sealed condition. (4) An aggrieved party may apply to the court for an order to have any item obtained pursuant to subsection (3) returned.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Road barriers 47. (1) It shall be lawful for a police officer of the rank of Inspector or above, if the police officer considers it necessary for the maintenance and preservation of law and order, the prevention or detection of crime or for the apprehension of offenders to erect or place barriers in or across any road or street or in any other public place in such manner as the police officer may think fit. (2) A police officer may take all reasonable steps as the police officer considers necessary to prevent a person or vehicle from passing a barrier erected or placed by virtue of subsection (1) and that person, or the driver of that vehicle, who fails to comply with any reasonable signal made by a police officer under this subsection commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year, or to both. (3) A police officer shall not be liable for any loss, damage or injury occasioned to a vehicle or suffered by a person as a result of any reasonable or necessary steps taken by that police officer under the authority of this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Road checks 48. (1) This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying \u2014 (a) a person who has committed an offence other than a road traffic offence; (b) a person who is a witness to such an offence; (c) a person intending to commit such an offence; or (d) a person who is unlawfully at large. Police Act (2021 Revision) (2) For the purposes of this section, a road check consists of the exercise in a locality of the power conferred by section 69 of the Traffic Act (2021 Revision)  in such a way as to stop during the period for which its exercise in that way in that locality continues all vehicles or vehicles selected by criterion. (3) Subject to subsection (5), there may only be such a road check if a police officer of the rank of Inspector or above authorises it in writing. (4) A police officer may only authorise a road check under subsection (3) \u2014 (a) for the purpose specified in subsection (1)(a) if the police officer has reasonable grounds \u2014 (i) for believing that the offence is an arrestable offence; and (ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road checks were authorised; (b) for the purpose specified in subsection (1)(b), if the police officer has reasonable grounds for believing that the offence is an arrestable offence; (c) for the purpose specified in subsection (1)(c), if the police officer has reasonable grounds \u2014 (i) for believing that the offence would be an arrestable offence; and (ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised; and (d) for the purpose specified in subsection (1)(d), if the police officer has reasonable grounds for suspecting that the person is, or is about to be, in the locality. (5) A police officer below the rank of Inspector may authorise such a road check if it appears to that police officer that it is required as a matter of urgency for one of the purposes specified in subsection (1). (6) If an authorisation is given under subsection (5), it shall be the duty of the police officer who gives it, as soon as it is practicable to do so \u2014 (a) to make a written record of the time at which the police officer gives it; and (b) to cause a police officer of the rank of Inspector or above to be informed that it has been given. (7) A police officer to whom a report is made under subsection (6) may, in writing, authorise the road check to continue. (8) If such a police officer considers that the road check should not continue, the police officer shall record in writing \u2014 (a) the fact that it took place; and (b) the purpose for which it took place. Police Act (2021 Revision) (9) A police officer giving an authorisation under this section shall specify the locality in which vehicles are to be stopped. (10) A police officer giving an authorisation under this section, other than an authorisation under subsection (5) \u2014 (a) shall specify a period, not exceeding seven days, during which the road check may continue; and (b) may direct that the road check \u2014 (i) shall be continuous; or (ii) shall be conducted at specified times during that period. (11) If it appears to a police officer of the rank of Inspector or above that a road check ought to continue beyond the period for which it has been authorised the police officer may, from time to time, in writing specify a further period, not exceeding seven days, during which it may continue. (12) Every written authorisation shall specify \u2014 (a) the name of the police officer giving it; (b) the purpose of the road check; and (c) the locality in which the vehicles are to be stopped. (13) The duties to specify the purposes of a road check imposed by subsections (8) and (12) include duties to specify any arrestable offence. (14) Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped shall be entitled to obtain a written statement of the purpose of the road check if that person applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped. (15) Nothing in this section affects the exercise by police officers of any power to stop vehicles for purposes other than those specified in subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Cordons and curfews 49. (1) Where it appears to the Commissioner that, having regard to \u2014 (a) an immediate threat to any of the Islands of a tropical storm, hurricane or other serious hazard; or (b) the effect on any of the Islands of any tropical storm, hurricane or other serious hazard, there are reasonable grounds to believe that in the interest of public safety or public order it is necessary so to do, the Commissioner may, with the written permission of the Governor after the Governor has consulted with the \u2018National Hazard Management Executive\u2019 and the Cabinet, impose a curfew \u2014 (i) throughout the Islands; Police Act (2021 Revision) (ii) on any of the Islands; or (iii) in respect of any district or place within any district on any of the Islands, between such hours as may be specified, requiring persons within that island, district or place to remain within their premises during the hours so specified unless otherwise authorised in writing by a police officer who is in charge of enforcing the said curfew. (2) Where the Commissioner has imposed a curfew pursuant to subsection (1), the Commissioner may after consultation with the \u201cNational Hazard Management Executive\u201d and, where practicable, Cabinet, and with the written permission of the Governor, revoke that curfew. (3) Where it appears to the Commissioner that, having regard to the nature and extent of criminal activity, there are reasonable grounds to believe that in the interest of public safety and public order or for the purpose of preventing or detecting crime it is necessary so to do, the Commissioner may \u2014 (a) establish a cordon around certain localities; or (b) with the written permission of the Governor, impose a curfew \u2014 (i) throughout the Islands; (ii) on any of the Islands; or (iii) in respect of any district or place within any district on any of the Islands, between such hours as may be specified, requiring persons within that island, locality, district or place to remain within their premises during the hours so specified unless otherwise authorised in writing by a police officer who is in charge of enforcing the said cordon or curfew. (4) Where the Commissioner has imposed a curfew pursuant to subsection (3)(b) the Commissioner may, with the written permission of the Governor, revoke that curfew. (5) Where a cordon is imposed, the cordon shall endure for a period not exceeding twelve hours. (6) Where a curfew is imposed, the curfew shall, unless revoked pursuant to subsection (2) or (4), endure for a period not exceeding forty-eight hours. (7) A person who fails to comply with a curfew or cordon imposed under subsections (1) or (3) commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Power to stop, search and arrest during a cordon and curfew 50. (1) A police officer may stop and search a person whom the police officer reasonably suspects to be in contravention of a curfew or cordon imposed under section 49. Police Act (2021 Revision) (2) The search of a person under this section shall be carried out by a police officer of the same sex as that person. (3) Where a police officer, with reasonable cause, suspects that section 49 has been contravened the police officer may arrest without a warrant anyone whom that police officer, with reasonable cause, suspects to be guilty of the contravention.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Penalties for contravention of section 49 51. (1) A person who contravenes section 49 is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year, or to both. (2) Where a person is convicted of the contravention of section 49, the court may order that any goods or money in respect of which the offence was committed and is in that person\u2019s possession, be forfeited to the Crown or otherwise disposed of.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Power of police officer to enter and break into premises in case of fire, etc. 52. A police officer may enter and, if necessary, break into any building being or reasonably supposed to be on fire, or any building or land adjoining or near thereto, and any building threatened with damage by floodwater or other hazard without the consent of the owner or occupier, and may do all such acts and things as the police officer may deem necessary for extinguishing a fire in any such building, protecting the same, or rescuing any person or property therein from fire, floodwater or other hazard.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"General power of seizure, etc. 53. (1) The powers conferred by subsections (2) and (3) are exercisable by a police officer who is lawfully on any premises. (2) The police officer may seize anything which is on the premises if the police officer has reasonable grounds for believing \u2014 (a) that it has been obtained in consequence of the commission of an offence; and (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed. (3) The police officer may seize anything which is on the premises if the police officer has reasonable grounds for believing \u2014 (a) that it is evidence in relation to an offence whether or not it is being investigated by that police officer; and (b) that it is necessary to seize it in order to prevent the evidence being concealed, lost or destroyed. (4) The police officer may require any information which is contained in a computer and is accessible from the premises to be produced in a form in which it can be Police Act (2021 Revision) taken away and in which it is visible and legible if the police officer has reasonable grounds for believing \u2014 (a) that \u2014 (i) it is evidence in relation to an offence which the police officer is investigating or any other offence; or (ii) it has been obtained in consequence of the commission of an offence; and (b) that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed. (5) The powers conferred by this section are in addition to any power otherwise conferred. (6) No power of seizure conferred on a police officer under any Law, is to be taken to authorise the seizure of an item which the police officer exercising the power has reasonable grounds for believing to be subject to privilege.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Extension of powers of seizure to computer and electronic information 54. (1) Every power which is conferred by a Law, to which this section applies, on a police officer who has entered premises in the exercise of a power conferred by that Law shall be construed as including a power to seize a computer, as well as require any information contained in the computer or any other material contained in electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible. (2) This section applies \u2014 (a) to any Law enacted before this Act; (b) to section 45; and (c) to paragraph 13 of Schedule 3. (3) The power to seize a computer, as well as require any information contained in the computer or any other material contained in electronic form to be made accessible, does not include the power to alter or delete any material contained therein.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Access and copying 55. (1) A police officer who seizes anything in the exercise of a power conferred by any Law, shall, if so requested by a person showing themselves \u2014 (a) to be an occupier of premises on which it was seized; or (b) to have had custody or control of it immediately before the seizure, provide that person with a record of what the police officer seized. (2) The police officer shall provide the record within a reasonable time from the making of the request for it. Police Act (2021 Revision) (3) Subject to subsection (8), if a request for permission to be granted access to anything which \u2014 (a) has been seized by a police officer; and (b) is retained by the police for the purpose of investigating an offence, is made to the police officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized or by someone acting on behalf of such a person, the police officer shall allow the person who made the request access to it under the supervision of a police officer. (4) Subject to subsection (8), if a request for a photograph or copy of any such thing is made to the police officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized, or by someone acting on behalf of such a person, the police officer shall \u2014 (a) allow the person who made the request access to it under the supervision of a police officer for the purpose of photographing or copying it; or (b) photograph or copy it, or cause it to be photographed or copied. (5) A police officer may also photograph or copy, or have photographed or copied, anything which the police officer has power to seize, without a request being made under subsection (4). (6) Where anything is photographed or copied under subsection (4)(b), the photograph or copy shall be supplied to the person who made the request. (7) The photograph or copy shall be so supplied within a reasonable time from the making of the request. (8) There is no duty under this section to grant access to, or to supply a photograph or copy of, anything if the police officer in charge of the investigation for the purposes of which it was seized has reasonable grounds for believing that to do so would prejudice \u2014 (a) that investigation; (b) the investigating of an offence other than the offence for the purposes of investigating which the thing was seized; or (c) any criminal proceedings which may be brought as a result of \u2014 (i) the investigation of which the police officer is in charge; or (ii) any such investigation as is mentioned in paragraph (b). (9) The provisions of this section apply to any thing seized pursuant to the Proceeds of Crime Act (2020 Revision). Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Retention 56. (1) Subject to subsection (4), anything which has been seized by a police officer or taken away by a police officer following a requirement made by virtue of section 53 or 54 may be retained so long as necessary in all the circumstances. (2) Without prejudice to the generality of subsection (1) \u2014 (a) anything seized for the purposes of a criminal investigation may be retained \u2014 (i) for use at a trial for an offence; or (ii) for forensic examination or for investigation in connection with an offence; and (b) anything may be retained in order to establish its lawful owner where there are reasonable grounds for believing it has been obtained in consequence of the commission of an offence. (3) Nothing seized on the ground that it may be used \u2014 (a) to damage property; (b) to interfere with evidence; or (c) to assist in escape from police detention or lawful custody, may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail. (4) Subject to subsection (5), nothing may be retained for either of the purposes mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose. (5) Where a police officer of at least the rank of Inspector, upon the advice of the Director of Public Prosecutions, is satisfied that despite being photographed or copied a thing should be retained for examination by the judge or jury, that thing shall be retained. (6) This section also applies to anything retained by the police under the Immigration (Transition) Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Meaning of \u201citems subject to legal privilege\u201d 57. (1) Subject to subsection (2), in this Act - \u201citems subject to legal privilege\u201d means \u2014 (a) communications between a professional legal adviser and that legal adviser\u2019s client or any person representing that legal adviser\u2019s client made in connection with the giving of legal advice to the client; (b) communications between a professional legal adviser and that professional legal adviser\u2019s client or any person representing that professional legal Police Act (2021 Revision) adviser\u2019s client or between such an adviser or that adviser\u2019s client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and (c) items enclosed with or referred to in such communications and made \u2014 (i) in connection with the giving of legal advice; or (ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings, when they are in the possession of a person who is entitled to possession of them. (2) Items held and communications made with the intention of furthering a criminal purpose are not items subject to legal privilege.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Meaning of \u201cexcluded material\u201d 58. In this Act \u201cexcluded material\u201d means human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which the person holds in confidence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"General arrest conditions 59. (1) Where a police officer has reasonable grounds for suspecting that any offence which is not an arrestable offence has been committed or attempted, or is being committed or attempted, the police officer may arrest the relevant person if it appears to that police officer that service of a summons is impracticable or inappropriate because any of the general arrest conditions is satisfied. (2) In this section \u201cthe relevant person\u201d means any person whom the officer has reasonable grounds to suspect of having committed or having attempted to commit the offence or of being in the course of committing or attempting to commit it. (3) The general arrest conditions are \u2014 (a) that the name of the relevant person is unknown to, and cannot be readily ascertained by, the police officer; (b) that the police officer has reasonable grounds for doubting whether the name furnished by the relevant person as that person\u2019s name is their real name; (c) that \u2014 (i) the relevant person has failed to furnish a satisfactory address for service; or (ii) the police officer has reasonable grounds for doubting whether an address furnished by the relevant person is a satisfactory address for service; Police Act (2021 Revision) (d) that the police officer has reasonable grounds for believing that arrest is necessary to prevent the relevant person \u2014 (i) causing physical injury to themselves or any other person; (ii) suffering physical injury; (iii) causing loss of or damage to property; (iv) committing an offence against public decency; or (v) causing an unlawful obstruction of the road; or (e) that the police officer has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the relevant person. (4) For the purposes of subsection (3) an address is a satisfactory address for service if it appears to the police officer \u2014 (a) that the relevant person will be at it for a sufficiently long period for it to be possible to serve that person with a summons; or (b) that some other person specified by the relevant person will accept service of a summons for the relevant person at it. (5) Nothing in paragraph (d) of subsection (3) authorises the arrest of a person under subparagraph (iv) of that paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested. (6) This section shall not prejudice any power of arrest conferred apart from this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Powers of arrest 60. A police officer may, without an order from a Justice of the Peace and without a warrant, arrest any person \u2014 (a) whom the police officer suspects on reasonable grounds of having committed or to be about to commit an arrestable offence; (b) who commits in that police officer\u2019s presence an arrestable offence; (c) who obstructs a police officer in the execution of that police officer\u2019s duty, or who has escaped or who attempts to escape from lawful custody; (d) in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected to have committed an offence with reference to such thing; (e) whom the police officer suspects on reasonable grounds of being a deserter from Her Majesty\u2019s Navy, Army or Air Force; (f) whom the police officer suspects on reasonable grounds of having been concerned in any act committed in any place outside of the Islands which, if committed in the Islands, would have been punishable as an offence and Police Act (2021 Revision) for which the person is under the Extradition Act 2003 of the United Kingdom [U.K.Act (c.41)], the Fugitive Offenders Act, 1967 or the Hijacking Act, 1971 [U.K. Act (c.70)] or otherwise liable to be apprehended and detained in the Islands; (g) whom the police officer suspects on reasonable grounds of having in that person\u2019s possession, without lawful excuse, any instrument of house- breaking; (h) whom the police officer suspects on reasonable grounds of having unlawfully in that person\u2019s possession any controlled drug or narcotic; (i) for whom the police officer has reasonable grounds to believe a warrant of arrest has been issued by a court in the Islands; (j) of loose, idle or disorderly character whom the police officer the police officer finds in any way disturbing the peace or causing public annoyance, or whom the police officer has reasonable cause to suspect of having committed or being about to commit any indictable offence, summary offence or breach of the peace; (k) whom the police officer finds between sunset and the hour of six o\u2019clock in the morning lying or loitering in any street, highway, yard or other place, not giving a satisfactory account of themselves; (l) on board or about to board a ship, boat, aircraft or hovercraft or who has recently landed from any ship, boat, aircraft or hovercraft, whether or not such person has travelled thereon, whom the police officer has reasonable grounds to suspect has about their person any uncustomed or prohibited goods, arms or offensive weapon, and in such case detain such person for up to six hours for the purpose of being searched by a person of the same sex; (m) whom the police officer suspects on reasonable grounds to be remanded or bound over to answer a criminal charge before a court and to be about to leave the Islands without the permission of that court; or (n) whom the police officer suspects on reasonable grounds to have given security under section 64 of the Evidence Act (2021 Revision), to appear before a court and to be about to leave the Islands without the permission of that court while such security remains in force.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Entry for the purpose of arrest, etc. 61. (1) Subject to the following provisions of this section, and without prejudice to any other Law, a police officer may enter and search without a warrant authorising the entry and search any premises for the purpose of \u2014 (a) executing \u2014 (i) a warrant of arrest issued in connection with or arising out of criminal proceedings; or Police Act (2021 Revision) (ii) any warrant issued by a court or officer of the court; (b) arresting a person for an arrestable offence; (c) arresting a person for an offence under the Penal Code (2019 Revision); (d) recapturing a person who is unlawfully at large and whom the police officer is pursuing; or (e) saving life or limb or preventing serious damage to property. (2) Except for the purpose specified in subsection (1)(e), the powers of entry and search conferred by this section \u2014 (a) are only exercisable if the police officer has reasonable grounds for believing that the person whom the police officer is seeking is on the premises; and (b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search \u2014 (i) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and (ii) any such dwelling in which the police officer has reasonable grounds for believing that the person whom the police officer is seeking may be. (3) The powers of entry and search conferred by this section are exercisable by a police officer, whether in uniform or not. (4) The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised. (5) Where access to premises is denied, a police officer may break and enter those premises to gain access for the purpose of an arrest. (6) For the avoidance of doubt, the rules of common law under which a police officer has \u2014 (a) power to enter premises without a warrant; and (b) power of entry to deal with or prevent a breach of the peace, are not affected by the provisions of this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Information to be given on arrest 62. (1) Where a person is arrested, the person is to be informed that that person is under arrest and of the nature of the offence for which that person is being arrested as soon as is practicable after that person\u2019s arrest. (2) Where a person is arrested by a police officer, subsection (1) applies regardless of whether the fact of the arrest is obvious. Police Act (2021 Revision) (3) Nothing in this section is to be taken to require a person to be informed \u2014 (a) that the person is under arrest; or (b) of the ground for the arrest, if it was not reasonably practicable for that person to be so informed by reason of that person having escaped from arrest before the information could be given.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Right to have someone informed when arrested 63. (1) Where a person has been arrested and is being held in custody in a police station or other premises, the person shall be entitled, if the person so requests, to have one friend or relative or other person who is known to that person or is likely to take an interest in that person\u2019s welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that the person has been arrested and is being detained there. (2) Delay is only permitted \u2014 (a) in the case of a person who is in police detention for an indictable offence, a firearm offence or an offence under the Misuse of Drugs Act (2017 Revision); and (b) if a police officer of at least the rank of Inspector authorises it. (3) In any case the person in custody shall be permitted to exercise the right conferred by subsection (1) within twenty-four hours from the time of that person\u2019s arrest unless a police officer of the rank of Superintendent or above, may by written authorisation extend any period of delay beyond twenty-four hours if in that police officer\u2019s opinion the circumstances of the case are exceptional and merit such further delay. (4) A police officer may give an authorisation under subsection (2) orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable. (5) Subject to subsection (6), a police officer may only authorise delay where the police officer has reasonable grounds for believing that telling the named person of the arrest \u2014 (a) will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; (b) will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or (c) will hinder the recovery of any property obtained as a result of such an offence. (6) A police officer may also authorise delay where that police officer has reasonable grounds for believing that \u2014 Police Act (2021 Revision) (a) the person detained for the indictable offence has benefited from that person\u2019s criminal conduct; and (b) the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest. (7) For the purposes of subsection (6), the question whether a person has benefited from that person\u2019s criminal conduct is to be decided in accordance with the provisions of the Proceeds of Crime Act (2020 Revision) and the Anti- Corruption Act (2019 Revision). (8) If a delay is authorised \u2014 (a) the detained person shall be told the reason for it; and (b) the reason shall be noted on that person\u2019s custody record. (9) The duties imposed by subsection (8) shall be performed as soon as is practicable. (10) The rights conferred by this section on a person detained at a police station or other premises are exercisable whenever the person is transferred from one place to another; and this section applies to each subsequent occasion on which they are exercisable as it applies to the first such occasion. (11) There may be no further delay in permitting the exercise of the right conferred by subsection (1) once the reason for authorising the delay ceases to subsist. (12) Nothing in this section applies to a person arrested or detained under the Terrorism Act (2018 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Access to legal advice 64. (1) Subject to subsection (4), a person arrested and held in custody in a police station or other premises shall be entitled, if the person so requests, to consult an attorney-at-law privately at any time. (2) Subject to subsection (3), a request under subsection (1) and the time at which it was made shall be recorded in the custody record. (3) A request for an attorney-at-law is not required to be recorded in the custody record of a person who makes it at a time while the person is at a court after being charged with an offence. (4) If a person makes a request for an attorney-at-law, the person shall be permitted to consult an attorney-at-law as soon as is practicable except to the extent that delay is permitted by this section. (5) In any case the person shall be permitted to consult an attorney-at-law within twenty-four hours from the time of that person\u2019s arrest. (6) Delay in compliance with a request is only permitted \u2014 Police Act (2021 Revision) (a) in the case of a person who is in police detention for an indictable offence; and (b) if a police officer of at least the rank of Superintendent authorises it. (7) A police officer may give an authorisation under subsection (6) orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable. (8) Subject to subsection (9) a police officer may only authorise delay where the police officer has reasonable grounds for believing that the exercise of the right conferred by subsection (1) at the time when the person detained desires to exercise it \u2014 (a) will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; (b) will lead to the alerting of other persons suspected of having committed that offence but not yet arrested for it; or (c) will hinder the recovery of any property obtained as a result of that offence. (9) A police officer may also authorise delay where the police officer has reasonable grounds for believing that \u2014 (a) the person detained for the indictable offence has benefited from that person\u2019s criminal conduct; and (b) the recovery of the value of the property constituting the benefit will be hindered by the exercise of the right conferred by subsection (1). (10) For the purposes of subsection (9) the question whether a person has benefited from that person\u2019s criminal conduct is to be decided in accordance with the Proceeds of Crime Act (2020 Revision). (11) If delay is authorised \u2014 (a) the detained person shall be told the reason for it; and (b) the reason shall be noted on that person\u2019s custody record. (12) The duties imposed by subsection (11) shall be performed as soon as is practicable. (13) There shall be no further delay in permitting the exercise of the right conferred by subsection (1) once the reason for authorising delay ceases to subsist. (14) Nothing in this section applies to a person arrested or detained under the Terrorism Act (2018 Revision). Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Detention of persons arrested without warrant 65. (1) When a person has been taken into custody without a warrant, that person shall be brought to the custody officer who, not being directly involved in the investigation, shall enquire into the case, and, upon the completion of the enquiry, if there are no reasonable grounds for believing that the person has committed an offence the person shall, subject to subsection (3), be released forthwith. (2) If, upon the completion of the inquiry referred to in subsection (1), there are reasonable grounds for believing that the person arrested has committed an offence, the custody officer may release the person on bail. (3) Where there is a determination that there is insufficient evidence to charge the person taken into custody but the police officer carrying out the arrest has reasonable grounds for believing that the detention of that person without being charged is necessary to \u2014 (a) secure or preserve evidence relating to an offence for which the person is under arrest; (b) obtain that evidence by questioning that person; or (c) complete the investigation, the custody officer who, not being directly involved in the investigation, may authorise the police officer to place that person in detention for such period of time as may be reasonably required up to forty-eight hours from the relevant time as set out in subsection (15). (3A) The custody officer, at the beginning of each shift, shall \u2014 (a) conduct an inquiry regarding the progress of the investigation related to any person detained by virtue of this section; (b) determine whether the conditions justifying detention under subsection (3) are continuing; and (c) where the person detained is not released, inform that person of the grounds for that person\u2019s continued detention. (3B) The person detained may make oral representations on that person\u2019s detention and the custody officer shall record any representation made and the grounds for the continued detention on the custody record based on the criteria for further detention set out in subsection (3). (4) Repealed by section 2 of the Police (Amendment) Act, 2014 [Law 1 of 2014]. (5) A person shall not be kept in police detention after the period referred to in subsection (3) except where \u2014 (a) a police officer of the rank of Chief Inspector, or above, who is not directly involved in the investigation determines that the further detention of a person is required to \u2014 Police Act (2021 Revision) (i) secure or preserve evidence relating to an arrestable offence for which the person is under arrest; (ii) obtain evidence by questioning that person; or (iii) carry out investigations, such investigations being carried out in a diligent and expeditious manner; (b) notice of intention to apply for an order for further detention and the grounds for the application are given in writing to the detainee; (c) an application is made to the summary court for an order for further detention of the person stating the period of time required, such period being not more than seventy-two hours; and (d) the summary court grants the order referred to in paragraphs (b) and (c). (6) The application made under subsection (5) shall be heard in the presence of the detained person and where the court considers that there are reasonable grounds for believing that \u2014 (a) the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which that person is under arrest or to obtain such evidence by questioning that person; (b) an offence for which that person is under arrest is an arrestable offence; and (c) the investigation is being conducted in a diligent and expeditious manner, it may order detention for a further period of up to seventy-two hours. (6A) The hearing under subsection (6) may be held in chambers where the court considers that it is in the interest of justice to do so. (6B) The person taken into custody or that person\u2019s legal representative may make submissions to the court in relation to an application under subsection (5). (7) Notwithstanding an application made under subsection (5) and an order granted under subsection (6), where there are exceptional circumstances, a police officer may make a further application to the court for an order of detention for a further period of twenty-four hours. (8) If, at the end of the periods of seventy-two hours and twenty-four hours referred to in subsections (6) and (7), the person is not charged, that person shall be released without further reference to the court, but may be re-arrested for the offence for which that person was previously arrested if new information justifying a further arrest has come to light since that person\u2019s release. (9) Wherever in subsections (3), (5), (6), (7) or (8) reference is made to a period of seventy-two or twenty-four hours, such reference shall be read and construed as allowing detention for a lesser period at a time so long as the total period of detention under one authority does not exceed seventy-two or twenty- four hours as the case may be. Police Act (2021 Revision) (10) Subject to subsection (11), a release on bail of a person under this section is a release on bail granted in accordance with the Bail Act (2015 Revision). (11) Nothing in the Bail Act (2015 Revision) prevents the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station if new evidence justifying a further arrest has come to light since that person\u2019s release. (12) Subject to subsection (13), in this section references to \u201cbail\u201d are references to bail subject to a duty \u2014 (a) to appear before the court at such time or place; or (b) to attend at such police station at such time, as the police officer granting bail appoints. (13) If a police officer has granted bail to a person subject to a duty to appear at a police station, that police officer may give written notice to the person that that person\u2019s attendance at the police station is no longer required. (14) If a person arrested for an offence was released on bail subject to a duty to attend at a police station and so attends, that person may be detained without charge in connection with that offence only if the police officer who granted bail has reasonable grounds for believing that the person\u2019s detention is necessary \u2014 (a) to secure or preserve evidence relating to the offence; or (b) to obtain such evidence by questioning that person. (15) The time from which the period of detention of a person is to be calculated shall be \u2014 (a) in the case of a person arrested outside of the Islands, the time at which that person arrives at the first police station to which that person is taken within the Islands; (aa) in the case of a person who is either taken for medical treatment at the time of arrest or who is arrested while in a hospital, the time at which that person arrives at the first police station to which that person is taken after that person\u2019s arrest; (b) in the case of a person who attends voluntarily at a police station and is arrested at the police station, the time of that person\u2019s arrest; (c) in the case of a person who accompanies a police officer to a police station without having been arrested and is arrested at the police station, the time of that person\u2019s arrest; or (d) in any other case, the time at which the person arrested arrives at the first police station to which that person is taken after that person\u2019s arrest. (16) For the purposes of this section, where \u2014 (a) a person in detention is taken from a police station to a hospital because that person is in need of medical treatment; or Police Act (2021 Revision) (b) a person is arrested while in a hospital, any time utilised by a police officer in questioning that person in the hospital, on the way to the hospital or to the police station for the purpose of obtaining evidence relating to an offence, shall be included as part of the period of detention and shall be recorded as such in the custody record as soon as is practicable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Arrest by private citizen 66. (1) Any private person may arrest any person who in that private person\u2019s view commits an arrestable offence. (2) A person found committing an offence involving damage to property may be arrested without a warrant by the owner of the property or that owner\u2019s employees or persons authorised by that owner. (3) Where a private person arrests any person without a warrant, that private person shall without unnecessary delay deliver over the person so arrested to a police officer or, in the absence of a police officer, shall take the person to the nearest police station. (4) If there is reason to believe that such person comes within the provisions of section 60, a police officer shall re-arrest that person. (5) If there is reason to believe that such person has committed an arrestable offence, and the person refuses on the demand of a police officer to give that person\u2019s name and address, or the person gives a name or address which the police officer has reason to believe to be false, that person shall be dealt with under section 30, but if there is no reason to believe that that person has committed an offence that person shall at once be released.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Arrest elsewhere than at a police station 67. (1) Where a person is, at any place other than a police station \u2014 (a) arrested by a police officer for an offence; or (b) taken into custody by a police officer after being arrested for an offence by a person other than a police officer, the person shall be taken by a police officer to a police station as soon as practicable after the arrest. (2) Nothing in this section prevents a police officer delaying taking a person to a police station if the presence of the person at a place, other than a police station, is necessary in order to carry out such investigations as it is reasonable to carry out immediately. (3) Where there is any delay the reasons for the delay shall be recorded when the person first arrives at the police station. (4) Nothing in subsection (1) shall be taken to affect \u2014 Police Act (2021 Revision) (a) any provision of the Immigration (Transition) Act (2021 Revision); or (b) any provision of the Terrorism Act (2018 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Voluntary attendance at the police station 68. Where for the purpose of assisting with an investigation a person attends voluntarily at a police station or at any other place where a police officer is present or accompanies a police officer to a police station or any other place without having been arrested \u2014 (a) the person shall be entitled to leave at will unless the person is placed under arrest; or (b) the person shall be informed at once that the person is under arrest if a decision is taken by a police officer to prevent that person from leaving at will.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Custody officers 69. (1) The Commissioner may appoint one or more police officers as custody officers for each police station where persons are kept in custody. (2) A police officer may not be appointed a custody officer unless that police officer is of at least the rank of Sergeant. (3) A police officer of any rank may perform the functions of a custody officer at a police station if a custody officer is not readily available to perform them. (4) Subject to the following provisions of this section none of the functions of a custody officer in relation to a person shall be performed by a police officer who at the time when the function falls to be performed is involved in the investigation of an offence for which that person is in police detention at that time. (5) Nothing in subsection (4) is to be taken to prevent a custody officer from \u2014 (a) performing any function assigned to a custody officer \u2014 (i) by this Act; or (ii) by a rule of practice made under section 6(1)(c) of this Act; (b) doing anything in connection with the identification of a suspect; or (c) doing anything under section 85 of the Traffic Act (2021 Revision). (6) References to a custody officer in the following provisions of this Act include references to a police officer other than a custody officer who is performing the functions of a custody officer by virtue of subsection (3). (7) Where a person has been detained in custody, the custody officer shall as soon as is practicable after detention ensure that a written record is made of the grounds for that person\u2019s detention and shall cause to be recorded any movement of that detained person outside of the place of detention. Police Act (2021 Revision) (8) Where a person has been taken into police custody, it shall be the duty of the custody officer to inform such person whether the person is being \u2014 (a) released; or (b) detained, as the case may be and the reasons therefor; including whether this is to enable the Director of Public Prosecutions to make a decision under section 82 as to whether the person should be prosecuted for the offence for which the person was arrested.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Responsibilities in relation to persons detained 70. (1) Subject to subsections (2) and (4), it shall be the duty of the custody officer at a police station to ensure \u2014 (a) that all persons in police detention at that station are treated in accordance with this Act and any rules of practice made under this Act relating to the treatment of persons in police detention; and (b) that all matters relating to such persons which are required by this Act or by such rules of practice to be recorded are recorded in the custody records relating to such persons. (2) If the custody officer, in accordance with any rules of practice issued under this Act, transfers or permits the transfer of a person in police detention \u2014 (a) to the custody of a police officer investigating an offence for which that person is in police detention; or (b) to the custody of a police officer who has charge of that person outside the police station, the custody officer shall cease in relation to that person to be subject to the duty imposed on that custody officer by subsection (1)(a); and it shall be the duty of the police officer to whom the transfer is made to ensure that the person is treated in accordance with the provisions of this Act and of any such rules of practice as are mentioned in subsection (1). (3) If the person detained is subsequently returned to the custody of the custody officer, it shall be the duty of the police officer investigating the offence to report to the custody officer as to the manner in which this section and the rules of practice have been complied with while that person was in that police officer\u2019s custody. (4) If an arrested juvenile is moved to the Department of Children and Family Services, the custody officer shall cease in relation to that person to be subject to the duty imposed on that custody officer by subsection (1). (5) Where \u2014 Police Act (2021 Revision) (a) a police officer of higher rank than the custody officer gives directions relating to a person in police detention; and (b) the directions are at variance \u2014 (i) with any decision made or action taken by the custody officer in the performance of a duty imposed on that custody officer under this Part; or (ii) with any decision or action which would but for the directions have been made or taken by that custody officer in the performance of such duty, the custody officer shall refer the matter at once to a police officer of the rank of Superintendent or above who is responsible for the police station for which the custody officer is acting as custody officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Searches of detained persons 71. (1) The custody officer at a police station shall ascertain everything which a person has in that person\u2019s possession when the person is \u2014 (a) brought to a station after being arrested elsewhere or after being committed to custody by an order or sentence of a court; or (b) arrested at the station or detained there. (2) The custody officer shall record or cause to be recorded all or any of the things which the custody officer ascertains under subsection (1). (3) In the case of an arrested person, any such record shall be made as part of that person\u2019s custody record. (4) Subject to subsection (5), a custody officer may seize and retain any thing found to be in the possession of a detained person or cause any such thing to be seized and retained. (5) Clothes may only be seized if the custody officer \u2014 (a) believes that the person from whom they are seized may use them \u2014 (i) to cause physical injury to themselves or any other person; (ii) to damage property; (iii) to interfere with evidence; or (iv) to assist that person to escape; or (b) has reasonable grounds for believing that they may be evidence relating to an offence. (6) Subject to subsection (10), a person may be searched if the custody officer considers it necessary to enable the custody officer to carry out that custody officer\u2019s duty under subsection (1) and to the extent that the custody officer considers necessary for that purpose. Police Act (2021 Revision) (7) A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether the person has with themselves anything which that person could use for the purposes specified in subsection (5)(a)(i) to (iv). (8) Subject to subsection (9), a police officer may seize and retain, or cause to be seized and retained anything found on such a search. (9) A police officer may only seize clothes in the circumstances specified in subsection (5). (10) An intimate search may not be conducted under this section. (11) A search under this section shall be carried out by a police officer. (12) The police officer carrying out a search shall be of the same sex as the person searched.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Searches and examination to ascertain identity 72. (1) If a police officer of at least the rank of Inspector authorises it, a person who is detained in a police station may be searched or examined, or both \u2014 (a) for the purpose of ascertaining whether the person has any mark that would tend to identify that person as a person involved in the commission of an offence; or (b) for the purpose of facilitating the ascertainment of that person\u2019s identity. (2) A police officer may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if \u2014 (a) the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or (b) it is not practicable to obtain such consent. (3) A police officer may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if \u2014 (a) the person in question has refused to identify themselves; or (b) the police officer has reasonable grounds for suspecting that that person is not who the person claims to be. (4) A police officer may give an authorisation under subsection (1) orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as practicable. (5) Any identifying mark found on a search or examination under this section shall be photographed \u2014 (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain, without it. Police Act (2021 Revision) (6) Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are police officers or such other persons approved in writing by the Commissioner. (7) A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex. (8) An intimate search may not be carried out under this section. (9) A photograph taken under this section \u2014 (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (10) In subsection (9) \u2014 (a) the reference to crime includes a reference to any conduct which \u2014 (i) constitutes one or more criminal offences, whether under the law of the Islands or of a country or territory outside of the Islands; or (ii) is, or corresponds to, any conduct which, if it all took place in any part of the Islands, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the Islands of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the Islands. (11) In this section \u2014 (a) references to ascertaining a person\u2019s identity include references to showing that the person is not a particular person; and (b) references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly. (12) In this section \u201cmark\u201d includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person\u2019s case facilitates the ascertainment of that person\u2019s identity or that person\u2019s identification as a person involved in the commission of an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Intimate searches 73. (1) Subject to the following provisions of this section, if a police officer of at least the rank of Inspector has reasonable grounds for believing \u2014 Police Act (2021 Revision) (a) that a person who has been arrested and is in police detention may have concealed on that person anything which \u2014 (i) that person could use to cause physical injury to themselves or others; and (ii) that person might so use while that person is in police detention or in custody or in court; or (b) that such a person may have a controlled drug concealed on themselves; the police officer may authorise an intimate search of that person. (2) A police officer may not authorise an intimate search of a person for anything unless the police officer has reasonable grounds for believing that it cannot be found without the person being intimately searched. (3) A police officer may give authorisation under subsection (1) orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable. (4) An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person. (5) Except as provided by subsection (4), an intimate search shall be by way of examination by a suitably qualified person unless a police officer of at least the rank of Inspector considers that this is not practicable. (6) An intimate search which is not carried out as mentioned in subsection (5) shall be carried out by a police officer. (7) A police officer may not carry out an intimate search of a person of the opposite sex. (8) An intimate search may not be carried out except \u2014 (a) at a police station; (b) at a hospital; (c) at a registered medical doctor\u2019s surgery; or (d) at some other place used for medical purposes. (9) An intimate search which is only a drug offence search may not be carried out at a police station. (10) If an intimate search of a person is carried out, the custody record relating to the person shall state \u2014 (a) which parts of that person\u2019s body were searched; and (b) why they were searched. (11) The information required to be recorded by subsection (10) shall be recorded as soon as practicable after the completion of the search. Police Act (2021 Revision) (12) The custody officer at a police station may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained \u2014 (a) if the custody officer believes that the person from whom it is seized may use it \u2014 (i) to cause physical injury to themselves or any other person; (ii) to damage property; (iii) to interfere with evidence; or (iv) to assist that person to escape; or (b) if the custody officer has reasonable grounds for believing that it may be evidence relating to an offence. (13) Where anything is seized under this section, the person from whom it is seized shall be told the reason for the seizure unless the person is \u2014 (a) violent or likely to become violent; or (b) incapable of understanding what is said to that person. (14) In this section \u2014 \u201ccontrolled drug\u201d has the meaning assigned to it by section 2(1) of the Misuse of Drugs Act (2017 Revision); \u201cdrug offence search\u201d means an intimate search for a controlled drug which an officer has authorised by virtue of subsection (1)(b); and \u201csuitably qualified person\u201d means \u2014 (a) a registered medical doctor; or (b) a registered nurse.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"X-rays and ultrasound scans 74. (1) If a police officer of at least the rank of Inspector has reasonable grounds for believing that a person who has been arrested for an offence and is in police detention may have swallowed a controlled drug, the police officer may authorise that an x-ray is taken of the person or an ultrasound scan is carried out on the person or both. (2) An x-ray shall not be taken or an ultrasound scan shall not be carried out on a person unless the appropriate consent has been given in writing. (3) If it is proposed that an x-ray is taken or ultrasound scan is carried out, a police officer shall inform the person who is to be subject to it \u2014 (a) of the giving of the authorisation for it; and (b) of the grounds for giving the authorisation. (4) An x-ray may be taken or an ultrasound scan carried out only by a suitably qualified person and only at \u2014 Police Act (2021 Revision) (a) a hospital; (b) a registered medical doctor\u2019s surgery; or (c) some other place used for medical purposes. (5) The custody record of the person shall also state \u2014 (a) the authorisation by virtue of which the x-ray was taken or the ultrasound scan carried out; (b) the grounds for giving the authorisation; and (c) the fact that the appropriate consent was given. (6) The information required to be recorded by subsection (5) shall be recorded as soon as practicable after the x-ray has been taken or ultrasound scan carried out, as the case may be. (7) If the appropriate consent to an x-ray or ultrasound scan of any person is refused without good cause, in any proceedings against that person for an offence \u2014 (a) the court, in determining whether there is a case to answer; or (b) the court or jury, in determining whether that person is guilty of the offence charged, may draw such inferences from the refusal as appear proper. (8) In this section \u201ccontrolled drug\u201d and \u201csuitably qualified person\u201d have the same meaning as in section 73.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"Search upon arrest outside of police station 75. (1) A police officer may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the police officer has reasonable grounds for believing that the arrested person may present a danger to themselves or others. (2) Subject to subsections (3) to (5), a police officer shall also have power in that case \u2014 (a) to search the arrested person for anything \u2014 (i) which the arrested person might use to assist that arrested person to escape from lawful custody; or (ii) which might be evidence relating to an offence; and (b) to enter and search any premises without a warrant in which the arrested person was when arrested or immediately before the arrested person was arrested for evidence relating to the offence for which the arrested person was arrested. (3) The power to search conferred by subsection (2) is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence. Police Act (2021 Revision) (4) The powers conferred by this section to search a person \u2014 (a) are not to be construed as authorising a police officer to require a person to remove any more of that person\u2019s clothing in public than is reasonably necessary; and (b) are to be construed as authorising a search of the person\u2019s mouth. (5) A police officer may not search a person in the exercise of the power conferred by subsection (2)(a) unless the police officer has reasonable grounds for believing that the person to be searched may have concealed on that person anything for which a search is permitted under that paragraph. (6) A police officer may not search premises in the exercise of the powers conferred by subsection (2)(b) unless the police officer has reasonable grounds for believing that there is evidence for which the search is permitted under that paragraph. (7) A police officer searching a person in the exercise of the power conferred by subsection (1) may seize and retain anything the police officer finds, if the police officer has reasonable grounds for believing that the person searched might use it to cause physical injury to themselves or to any other person. (8) A police officer searching a person in the exercise of the power conferred by subsection (2)(a) may seize and retain anything the police officer finds, if the police officer has reasonable grounds for believing \u2014 (a) that the person might use it to assist that person to escape from lawful custody; or (b) that it is evidence of an offence or has been obtained in consequence of the commission of an offence. (9) Nothing in this section shall be taken to affect the power conferred by the Terrorism Act (2018 Revision). (10) The search of a person under this section shall be carried out by a police officer of the same gender as that person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_76\", \"num\": \"76.\", \"text\": \"Tape recording of interviews 76. (1) The Commissioner shall \u2014 (a) make a rule of practice in connection with the tape-recording of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations; and (b) make an order requiring the tape-recording of interviews of persons suspected of the commission of criminal offences, or of such descriptions of criminal offences as may be specified in the order, which are so held, in accordance with the rule as it has effect for the time being. (2) An order under subsection (1) shall be made subject to approval by the Cabinet. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_77\", \"num\": \"77.\", \"text\": \"Visual recording of interviews 77. (1) The Commissioner shall \u2014 (a) make a rule of practice for the visual recording of interviews held by police officers at police stations; and (b) make an order requiring the visual recording of interviews so held, and requiring the visual recording to be in accordance with the rule for the time being in force under this section. (2) A requirement imposed by an order under this section may be imposed in relation to such cases or police stations in such areas, or both, as may be specified or described in the order. (3) An order under subsection (1) shall be made subject to approval by the Cabinet. (4) In this section \u2014 (a) references to an interview are references to an interview of a person suspected of a criminal offence; and (b) references to a visual recording include references to a visual recording in which an audio recording is comprised. (5) Evidence obtained in the course of an interview shall not be rendered inadmissible by reason only of the fact that it has not been recorded in visual or tape recorded form.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_78\", \"num\": \"78.\", \"text\": \"Rebailing 78. (1) Where a person is released on bail, a custody officer may subsequently appoint a different time at which the person is required to attend at the police station to answer bail. (2) The custody officer shall give the person notice in writing of the exercise of the power under subsection (1). (3) The exercise of the power under subsection (1) shall not affect the conditions, if any, to which bail is subject. (4) Where a person who is released on bail returns to a police station to answer bail or is otherwise in police detention at a police station, the person may be kept in police detention to enable that person to be dealt with in accordance with section 80 or to enable the power under subsection (1) to be exercised. (5) If the person is not in a fit state to enable that person to be dealt with or to enable that power to be exercised, the person may be kept in police detention until the person is. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_79\", \"num\": \"79.\", \"text\": \"Power of arrest for failure to answer to police bail 79. (1) A police officer may arrest without a warrant any person who, having been released on bail under this Part subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for that person to do so. (2) A person who has been released on bail under section 78 may be arrested without warrant by a police officer if the police officer has reasonable grounds for suspecting that the person has broken any of the conditions of bail. (3) A person who is arrested under this section shall be taken to the police station appointed as the place at which the person is to surrender to custody as soon as practicable after the arrest. (4) For the purposes of sections 66 and 80 an arrest under this section shall be treated as an arrest for an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_80\", \"num\": \"80.\", \"text\": \"Arrest for further offence 80. Where \u2014 (a) a person \u2014 (i) has been arrested for an offence; and (ii) is at a police station in consequence of that arrest; and (b) it appears to a police officer that, if the person were released from that arrest, the person would be liable to be arrested for some other offence, that person shall be arrested for that other offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_81\", \"num\": \"81.\", \"text\": \"Guidance 81. (1) The Commissioner may issue guidance to custody officers as to how to carry out their functions under this Act and to all police officers as to the information required to be sent to the Director of Public Prosecutions under section 82. (2) The Commissioner may from time to time revise guidance issued under this section. (3) The Commissioner shall publish, in the Gazette and a local newspaper \u2014 (a) any guidance issued under this section, and (b) any revisions made to such guidance. (4) Guidance under this section may make different provision for different cases, circumstances or areas. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_82\", \"num\": \"82.\", \"text\": \"Information to be sent to the Director of Public Prosecutions for a determination 82. (1) Where a person is released on bail or detained in custody, a police officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions all such information or evidence as has been obtained in the case. (2) The Director of Public Prosecutions shall decide whether the person should be charged with an offence. Part V - Police Property\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_83\", \"num\": \"83.\", \"text\": \"Definition of police property 83. All property coming into the hands of a police officer in that person\u2019s capacity as a police officer, with respect to which the owner has not been ascertained, shall be known as police property.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_84\", \"num\": \"84.\", \"text\": \"Perishable property 84. The acquisition of police property of a perishable nature shall be reported without delay to a Justice of the Peace who shall make such order as to its disposal as the Justice of the Peace shall, in that person\u2019s absolute discretion, deem proper.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_85\", \"num\": \"85.\", \"text\": \"Court exhibits 85. All police property, including money, exhibited in court in any criminal or quasicriminal case shall, in the absence of any order of the court, remain police property.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_86\", \"num\": \"86.\", \"text\": \"Lost property to be surrendered to the police 86. A person finding property appearing to be lost or accidentally abandoned shall surrender that property to a police officer, if practicable at a police station, and the surrender of the property shall be reported to the Commissioner who shall by advertisement in the Gazette, a local newspaper and by any other available means endeavour to trace the owner of the property.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_87\", \"num\": \"87.\", \"text\": \"Lost property to be restored 87. (1) Where a claim is made to police property and the Commissioner is satisfied that the claimant is the true owner of that property, the property shall be restored to the owner. (2) The rejection by the Commissioner of a claim to police property shall not operate as a bar to recovery of that property by the claimant by court process. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_88\", \"num\": \"88.\", \"text\": \"Lost property remaining unclaimed 88. Where, after the lapse of six months from the time of its being first held by the police, the owner of the police property remains untraced, that property shall, if brought to the police by a member of the public, be handed over to that member of the public and if brought in by a police officer shall, if it takes a form other than money currently in circulation, be sold by auction as hereinafter provided.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_89\", \"num\": \"89.\", \"text\": \"Sale by auction of police property 89. (1) There shall be held in the months of January and July a public auction where all property to be sold pursuant to section 88 shall be disposed of. (2) The Commissioner or any other person the Commissioner may employ to sell the property by auction shall \u2014 (a) cause them to be exposed to public view; (b) cause catalogues of the property to be published; and (c) cause an advertisement giving notice of the property and containing a statement of all plate, jewellery and other valuable property, if any, to be disposed of pursuant to section 88 to be inserted in the Gazette and a local newspaper at least one month before the day of the public auction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_90\", \"num\": \"90.\", \"text\": \"Sale of police property bars further claims 90. (1) The sale of police property under section 89 operates as a bar to a claim by a person claiming to have been the owner of any interest in the property at the time of the sale. (2) Subsection (1) does not operate as a bar to an action for damages against the Commissioner by a person claiming that the property in which that person had an interest has been sold in non-compliance with section 86, 88 or 89.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_91\", \"num\": \"91.\", \"text\": \"Welfare Fund continued 91. The Police Welfare Fund established under the repealed Police Law (2006 Revision) shall be continued under this Act and the following shall be paid into it \u2014 (a) all the proceeds of sale of police property under section 89, after deducting the expenses of sale, if any; (b) all money held after the lapse of six months under section 88; (c) all fines imposed upon and collected from police officers under powers conferred by this Act; and (d) all other authorised contributions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_92\", \"num\": \"92.\", \"text\": \"Custody and application of Welfare Fund 92. (1) Subject to any regulations, the Welfare Fund shall be administered by the Police Welfare Committee, and may be applied for the purpose of \u2014 Police Act (2021 Revision) (a) assistance to the spouses or civil partners or families of a deceased police officer or special constable, or to any police officer or special constable discharged from the Service as medically unfit for further service; (b) payment to a police officer or special constable as rewards for meritorious acts or service in the execution of duty, where such payments are not met from public funds; (c) expenditure for the benefit and advancement of authorised recreation and sport and other branches of police activity organised within the Service; and (d) any other purpose which the Police Welfare Committee considers to be for the general welfare of police officers or special constables. (2) The Police Welfare Fund shall be subject to an annual audit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_93\", \"num\": \"93.\", \"text\": \"Voluntary contributions to Welfare Fund 93. The Police Welfare Committee may accept voluntary contributions to the Welfare Fund, either from police officers or members of the public. Part VI - Discipline\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_94\", \"num\": \"94.\", \"text\": \"Suspension or interdiction of police officers 94. (1) A police officer suspended or interdicted under the terms of that police officer\u2019s contract of service or under section 95 shall not by reason alone of such suspension or interdiction cease to be a police officer. (2) Where a police officer is suspended or interdicted the powers, privileges and benefits vested in that person as a police officer shall be in abeyance during the period of that person\u2019s suspension or interdiction but the police officer shall remain subject to the same responsibilities, discipline and penalties and to the same authority as if the police officer had not been suspended or interdicted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_95\", \"num\": \"95.\", \"text\": \"Interdiction of police officers 95. (1) The Governor may, interdict from duty the Commissioner, Deputy Commissioner or Assistant Commissioner, pending any investigation or inquiry into, or trial of, any offence under this or any other Law and pending the determination of any appeal, arising from that investigation, inquiry or trial. (2) The Commissioner may, interdict from duty any police officer, not being a police officer of the rank of Deputy Commissioner or Assistant Commissioner, pending any investigation or inquiry into, or trial of, any offence under this or any other Law and pending the determination of any appeal, arising from that investigation, inquiry or trial. Police Act (2021 Revision) (3) A police officer interdicted from duty under this section shall be entitled to receive full pay in respect of the period of interdiction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_96\", \"num\": \"96.\", \"text\": \"Serious offences by police officers 96. (1) A police officer who \u2014 (a) begins, excites, causes or joins in any mutiny or sedition amongst the Service, or does not use that police officer\u2019s utmost endeavours to suppress such mutiny or sedition coming to that police officer\u2019s knowledge, or conspires with any other person to cause any mutiny or sedition, or being cognisant of any mutiny or sedition, or intended mutiny or sedition, does not without delay give that information to a senior officer; or (b) strikes or offers violence to a senior officer, commits an offence and is liable on summary conviction to imprisonment for three years. (2) A police officer present at any assemblage tending to riot, who does not use that police officer\u2019s utmost endeavours to suppress such assemblage, commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year, or to both. (3) A police officer who, absents themselves from duty without leave or reasonable cause for a period exceeding twenty-eight days, shall, unless the contrary is proved, be considered to have had the intention not to return to the Service and shall be struck off the strength.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_97\", \"num\": \"97.\", \"text\": \"Offences against discipline 97. (1) A police officer who commits an offence against discipline as may be prescribed under this Act shall be liable to such penalty or punishment as may be prescribed. (2) Notwithstanding subsection (1) \u2014 (a) nothing in this section shall be construed to exempt a police officer from being proceeded against for an offence by any other process of law; and (b) a police officer shall not be punished twice for the same offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_98\", \"num\": \"98.\", \"text\": \"Power to arrest police officers 98. (1) A police officer may arrest without warrant a police officer of a rank lower who is accused of an offence against discipline under this Act. (2) A police officer, other than a commanding officer, effecting an arrest under subsection (1), shall forthwith bring the accused person before the commanding officer or, in the absence of the commanding officer, before the most senior officer available. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_99\", \"num\": \"99.\", \"text\": \"Trial and punishment of offences against discipline for police officers other than the Commissioner, Deputy Commissioner and Assistant Commissioner 99. (1) Any offence against discipline not arising from a complaint made by a member of the public may be inquired into and dealt with by the Commissioner, or any other police officer authorised by the Commissioner. (2) The Commissioner shall have the power to impose any one or more of the following punishments \u2014 (a) reprimand; (b) severe reprimand; (c) a fine not exceeding ten days\u2019 pay; (d) reduction in rank or seniority; and (e) discharge, that is immediate termination of service and of membership of the Service. (3) Where the Commissioner authorises a police officer to inquire into and deal with an offence against discipline, that officer shall have power to impose the following punishments \u2014 (a) reprimand; and (b) a fine not exceeding five days\u2019 pay. (4) A police officer shall not be convicted of an offence against discipline unless the charge has been read and inquired into in that police officer\u2019s presence and the police officer has been given sufficient opportunity to make the police officer\u2019s defence to the charge. (5) Where the Commissioner authorises a police officer to inquire into and deal with an offence against discipline, the Commissioner may review those disciplinary proceedings. (6) Upon review, the Commissioner, if the Commissioner thinks that such proceedings ought to be revised, may \u2014 (a) quash the finding; (b) alter the finding and find the accused guilty of another offence; (c) with or without altering the finding \u2014 (i) reduce or increase the punishment; and (ii) with or without such reduction or increase, alter the nature of the punishment; or (d) remit the proceedings to the police officer who heard them, or to another police officer, for re-hearing. (7) The Commissioner shall not \u2014 Police Act (2021 Revision) (a) impose any punishment which the police officer who conducted the proceedings was not empowered to impose; or (b) increase any punishment without giving the person to be punished an opportunity of making representations either orally or in writing as the Commissioner may decide. (8) A police officer upon whom a punishment is inflicted which entitles that police officer to appeal under section 101 shall, at the time when such punishment is imposed, be informed of that police officer\u2019s right of appeal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_100\", \"num\": \"100.\", \"text\": \"Trial and punishment of offences against discipline for the Commissioner, Deputy Commissioner and Assistant Commissioner 100. (1) Any offence against discipline not arising from a complaint made by a member of the public in which the police officer accused is of the rank of Commissioner, Deputy Commissioner or Assistant Commissioner may be inquired into and dealt with by the Governor. (2) The Governor shall have the power to impose any one or more of the following punishments \u2014 (a) reprimand; (b) severe reprimand; (c) a fine not exceeding ten days\u2019 pay; (d) reduction in rank or seniority; and (e) discharge, that is immediate termination of service and of membership of the Service. (3) A Commissioner, Deputy Commissioner or Assistant Commissioner shall not be convicted of an offence against discipline unless the charge has been read and inquired into in that police officer\u2019s presence and that police officer has been given sufficient opportunity to make that police officer\u2019s defence to the charge. (4) A Commissioner, Deputy Commissioner or Assistant Commissioner upon whom a punishment is inflicted which entitles that police officer to appeal under section 101 shall, at the time when such punishment is imposed, be informed of that police officer\u2019s right of appeal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_101\", \"num\": \"101.\", \"text\": \"Appeals 101. (1) A police officer of the rank of \u2014 (a) Inspector; (b) Chief Inspector; (c) Superintendent; and (d) Chief Superintendent, Police Act (2021 Revision) upon whom the Commissioner has imposed any punishment which includes \u2014 (i) reduction in rank; or (ii) discharge, may appeal in the manner provided in this section to the Governor against either the finding or the punishment or both. (2) A police officer of the rank of \u2014 (a) Constable; or (b) Sergeant, upon whom the Commissioner has imposed any punishment which includes \u2014 (i) reduction in rank; or (ii) discharge, may appeal in the manner provided in this section to the Deputy Governor against either the finding or the punishment or both. (3) A police officer upon whom the Commissioner has imposed any punishment other than reduction in rank or discharge may appeal in the manner provided in this section to the Chief Officer of the Ministry of Employment and Border Control against either the finding or the punishment or both. (4) There shall be an Appeals Advisory Panel comprised of \u2014 (a) the Chief Officer of the Ministry of Employment and Border Control; (b) a Justice of the Peace; and (c) a person with past experience in the uniform services of the Islands, who shall advise the Governor or Deputy Governor, as the case may be, in relation to appeals for offences of discipline. (5) The Governor or Deputy Governor, after consultation with the Appeals Advisory Panel, may confirm, set aside or vary the findings of the Commissioner and confirm, set aside, reduce, suspend or otherwise vary any punishment imposed. (6) Nothing in subsection (1), (2) or (3) shall be construed as empowering the award of any greater punishment than could have been awarded by the Commissioner. (7) A police officer may appeal under subsection (1) or (2) by lodging with the Chief Officer of the Ministry of Employment and Border Control, within fourteen days after imposition of the punishment, a written statement of that police officer\u2019s intention to appeal and of the grounds of the appeal. (8) The Governor or Deputy Governor, as the case may be, may extend the time within which an appeal may be lodged under subsection (1) or (2). (9) A police officer may appeal under subsection (3) by lodging with the Deputy Chief Officer of the Ministry of Employment and Border Control, within Police Act (2021 Revision) fourteen days after imposition of the punishment, a written statement of that police officer\u2019s intention to appeal and of the grounds of the appeal. (10) The Chief Officer of the Ministry of Employment and Border Control may confirm, set aside or vary the findings of the Commissioner and confirm, set aside, reduce, suspend or otherwise vary any punishment imposed. (11) Where the police officer is an officer of the rank of Commissioner, Deputy Commissioner or Assistant Commissioner upon whom the Governor has imposed any punishment, that police officer may appeal to the Grand Court against the punishment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_102\", \"num\": \"102.\", \"text\": \"Power to summon witnesses 102. (1) The \u2014 (a) Commissioner inquiring into or reviewing an offence against discipline; (b) police officer authorised by the Commissioner to inquire into an offence against discipline; (c) Governor inquiring into an offence against discipline or disposing of an appeal under section 101; (d) Deputy Governor disposing of an appeal under section 101; or (e) Chief Officer of the Ministry of Employment and Border Control for the purpose of disposing of an appeal under section 101, shall have power to summon and examine witnesses on oath or affirmation and to require the production of all documents relevant to the inquiry or appeal, and to adjourn the proceedings from time to time. (2) A person who, having been summoned as a witness pursuant to subsection (l) \u2014 (a) upon proof of service, fails to attend at the time and place mentioned in the summons; (b) fails to attend at an adjournment; or (c) refuses to answer any question lawfully put to that person, commits an offence and is liable on summary conviction to a fine of five hundred dollars or to imprisonment for one month or to both. (3) A witness summoned pursuant to subsection (1) shall not be obliged to answer any question which may tend to incriminate that person or render that person liable to any forfeiture or penalty. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_103\", \"num\": \"103.\", \"text\": \"Procedure in cases of grave or repeated offences 103. (1) In any case where a police officer has, upon inquiry, been found to have committed an offence against discipline and where it appears to the police officer conducting the inquiry that, by reason of the gravity of the offence or by reason of previous offences or for any other reason, the offender would not be adequately punished by any of the punishments that police officer is empowered to impose, the police officer conducting the inquiry shall record any statement which the offender wishes to make in explanation or mitigation and shall stay the proceedings and transmit them to the Commissioner, and the Commissioner may impose such punishment as the Commissioner deems to be warranted or the Commissioner may direct that the case be dealt with by the police officer who transmitted it. (2) Where no statement in explanation or mitigation has been recorded, the Commissioner shall give the offender an opportunity of making representations to that Commissioner either orally or in writing as the Commissioner shall direct.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_104\", \"num\": \"104.\", \"text\": \"Discharge or reduction in rank of police officers convicted by a court 104. (1) The Commissioner may reduce in rank or discharge from the Service a police officer, who has been convicted by a court in respect of an offence, whether against this Act or otherwise, unless that police officer has successfully appealed from that conviction, (2) A police officer who is aggrieved by an order made under subsection (1) by the Commissioner may appeal to the Governor under section 101.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_105\", \"num\": \"105.\", \"text\": \"Admonishment and reprimand 105. Notwithstanding anything to the contrary contained in this Act or elsewhere, the Commissioner may admonish or reprimand a police officer for minor misconduct.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_106\", \"num\": \"106.\", \"text\": \"Fines recoverable by stoppage of pay 106. (1) Fines imposed on police officers for offences against discipline may be recovered by the stoppage of pay. (2) The amount of stoppage in respect of a fine or for any other cause authorised by this Act shall be in the discretion of the police officer imposing the fine or authorising the order of stoppage, as the case may be, but shall in no case exceed one-third of the offender\u2019s monthly pay; and whenever more than one order of stoppage is in force against a police officer the total amount of stoppage shall not exceed one-third of that police officer\u2019s monthly pay. (3) Where more than one order of stoppage is made upon a police officer, the enforcement of orders later in date shall, if necessary, be postponed until the earlier orders have been discharged. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_107\", \"num\": \"107.\", \"text\": \"Loss or damage to arms or equipment to be made good by stoppage of pay 107. (1) If a police officer pawns, sells, loses by neglect, makes away with or wilfully or by neglect damages any arms, equipment, clothing or other appointments supplied to that police officer or any Government property committed to that police officer\u2019s charge that police officer may, in addition to or in lieu of any other punishment, be ordered to make good, either partially or wholly, the amount of such loss or damage, and the amount may be recovered by stoppage from that police officer\u2019s pay, subject to section 106(2) and (3). (2) An order under subsection (1) shall not be enforced at a rate exceeding one-third of the officer\u2019s monthly pay unless the police officer volunteers to pay the amount in full or at a higher rate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_108\", \"num\": \"108.\", \"text\": \"Pay not to accrue during absence without leave or imprisonment 108. (1) Where a police officer is unlawfully absent from duty without leave, or is undergoing any sentence of imprisonment for any offence in respect of any period exceeding twenty-four hours, pay shall not accrue to that police officer. Part VII \u2013 Repealed\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_109\", \"num\": \"109.\", \"text\": \"Repealed 109. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_110\", \"num\": \"110.\", \"text\": \"Repealed 110. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_111\", \"num\": \"111.\", \"text\": \"Repealed 111. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_112\", \"num\": \"112.\", \"text\": \"Repealed 112. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_113\", \"num\": \"113.\", \"text\": \"Repealed 113. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017]. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_114\", \"num\": \"114.\", \"text\": \"Repealed 114. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_115\", \"num\": \"115.\", \"text\": \"Repealed 115. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_116\", \"num\": \"116.\", \"text\": \"Repealed 116. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_117\", \"num\": \"117.\", \"text\": \"Repealed 117. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_118\", \"num\": \"118.\", \"text\": \"Repealed 118. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_119\", \"num\": \"119.\", \"text\": \"Repealed 119. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_120\", \"num\": \"120.\", \"text\": \"Repealed 120. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_121\", \"num\": \"121.\", \"text\": \"Repealed 121. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [Law 22 of 2017]. Police Act (2021 Revision) Part VIII - General Offences and Penalties\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_122\", \"num\": \"122.\", \"text\": \"Unlawful possession of articles supplied to police officers 122. A person who, not being a police officer or special constable, is found in possession of an article which has been supplied to a police officer or special constable for the execution of that police officer\u2019s duty, or any medal or decoration granted to a police officer or special constable for service or good conduct, and who fails to account satisfactorily for the possession thereof, or who without due authority purchases or receives any such article, medal or decoration from a police officer or special constable or who aids or abets a police officer or special constable to sell or dispose of any such article, medal or decoration, commits an offence and is liable on summary conviction to a fine of one thousand dollars or to imprisonment for six months, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_123\", \"num\": \"123.\", \"text\": \"Penalty for assaulting, obstructing, a police officer, et al. 123. A person who \u2014 (a) assaults any person with intent to commit an offence or to resist or prevent the lawful apprehension or detention of themselves or another for any offence; (b) assaults, obstructs or resists a police officer acting in the execution of that police officer\u2019s duty or a person acting in aid of that police officer; (c) assaults or obstructs any person engaged in the lawful execution of process or in making a lawful distress with intent to rescue any property lawfully taken under such process or distress; (d) assaults any person on account of any act done by that person in the execution of a duty imposed on that person by law; (e) aids or incites any person to assault, obstruct or resist a police officer acting in the execution of that police officer\u2019s duty; (f) when called upon to do so, refuses to assist a police officer in the execution of that police officer\u2019s duty; or (g) wilfully misleads or attempts to mislead a police officer by giving false information with intent to defeat or delay the ends of justice, commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for two years, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_124\", \"num\": \"124.\", \"text\": \"Penalty for making false report of commission of offence, etc. 124. A person who knowingly makes or causes to be made to a police officer a false report of the commission of any offence commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year, or to both. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_125\", \"num\": \"125.\", \"text\": \"Penalty for causing disaffection, etc. 125. (1) A person who causes or attempts to cause or does an act calculated to cause disaffection amongst police officers or special constables or induces or attempts to induce or does any act calculated to induce a police officer or special constable to withhold that police officer\u2019s or special constable\u2019s services or to commit any breach of discipline commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for two years, or to both. (2) A police officer of at least the rank of Inspector may, without warrant, arrest a person who is reasonably suspected of having committed an offence under subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_126\", \"num\": \"126.\", \"text\": \"Penalty for disorderly conduct in police station, etc. 126. A person who in any police station, police post or cell, or in any part of a police compound or premises commits any riotous, indecent, disorderly or insulting behaviour is liable on summary conviction to a fine of one thousand dollars or to imprisonment for six months, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_127\", \"num\": \"127.\", \"text\": \"Power to prosecute under other laws unaffected 127. (1) Nothing in this Act shall exempt any person from being proceeded against under any other law, in respect of any offence made punishable by this Act, or from being liable under any other law to any other higher penalty or punishment than is provided for such an offence by this Act. (2) A person shall not be punished twice for the same offence. Part IX - Special Constabulary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_128\", \"num\": \"128.\", \"text\": \"Special Constabulary continued 128. (1) The provision for a force of special constables shall continue and such force shall be known as the Special Constabulary. (2) The members of the Special Constabulary shall be known as special constables.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_129\", \"num\": \"129.\", \"text\": \"Composition of Special Constabulary 129. The Special Constabulary shall consist of such special constables as the Commissioner may appoint.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_130\", \"num\": \"130.\", \"text\": \"Commissioner to command Special Constabulary 130. The Commissioner shall have the command, superintendence and direction of the Special Constabulary. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_131\", \"num\": \"131.\", \"text\": \"Declaration on appointment Schedule 1 131. (1) Every special constable shall, on being appointed, make before a senior officer a declaration on oath or affirmation in the form prescribed in Schedule 1. (2) Every special constable shall, on being appointed, have \u2014 (a) their fingerprints taken and recorded on the form prescribed in Schedule 2; and (b) such other sample, whether intimate or not, taken.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_132\", \"num\": \"132.\", \"text\": \"Certificate of identity 132. An identity card, in the form prescribed in Schedule 1, signed by the Commissioner or by any senior officer authorised by the Commissioner in that behalf, shall be issued to every special constable and shall be evidence of that special contable\u2019s appointment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_133\", \"num\": \"133.\", \"text\": \"Training and duties 133. The Commissioner may call upon any special constable to carry out training and parttime duties of such nature and for such periods as the Commissioner considers fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_134\", \"num\": \"134.\", \"text\": \"Calling out for service 134. (1) For any purpose connected with the peace and good order of the Islands the Commissioner may, with the prior approval of the Governor, by order, call out the Special Constabulary or any part or member thereof for service and such service shall continue until an order is made by the Commissioner, with the prior approval of the Governor, specifying the date of the termination of such service. (2) For the purpose of assisting the Service, the Commissioner may by departmental order call out the Special Constabulary or any part or member thereof for duty for a period to be specified in such order. (3) Notwithstanding anything contained in subsection (1), the Commissioner may direct any members called out for service or duty \u2014 (a) to stand down from service or duty; and (b) to report back for service or duty at such places and on such dates and at such times as may be directed. (4) On receipt of a direction under paragraph (a) of subsection (3), such member shall be deemed to have ceased to be engaged on service and, on receipt of a direction under paragraph (b) of that subsection, such member shall be considered to have been called out in pursuance of a new order under subsection (1). (5) A special constable on being called out for service under this section who, refuses or neglects so to serve commits an offence and is liable on summary conviction to a fine of one thousand dollars or to imprisonment for six months, Police Act (2021 Revision) or to both, unless the special constable satisfies the court that that special constable was prevented by sickness or such other unavoidable cause as may in the opinion of the court be sufficient excuse.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_135\", \"num\": \"135.\", \"text\": \"Powers, privileges and protection of special constables 135. (1) A special constable while on duty or during training shall have the same powers, privileges, other than rights under the Public Service Pensions Act (2021 Revision) except as provided in section 140 of this Law, and protection as a police officer and shall be liable to perform the same duties as a police officer. (2) Every special constable shall be subordinate to the same authorities as a police officer and to special constables of senior rank or service to themselves.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_136\", \"num\": \"136.\", \"text\": \"Pay and allowances, etc. 136. (1) Subject to subsection (2), special constables shall serve voluntarily and shall not be entitled to claim or receive any remuneration for their services other than such allowances and gratuity payable from public funds as may from time to time be prescribed. (2) A special constable, when called out for service under section 134, shall receive such pay and allowance as may be prescribed by order by the Governor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_137\", \"num\": \"137.\", \"text\": \"Clothing and equipment 137. The Commissioner may, from such public funds as may be approved for that purpose, provide for the use of special constables such equipment, clothing and appointments as are necessary for the proper carrying out of the duties of their office.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_138\", \"num\": \"138.\", \"text\": \"Offences against discipline by a special constable 138. (1) A special constable who commits an offence against discipline as prescribed under this Act is liable to such penalty or punishment as provided in section 139. (2) Notwithstanding the provisions of subsection (1) \u2014 (a) nothing in this section shall be construed to exempt any special constable from being proceeded against for an offence by any other process of law; and (b) a special constable shall not be punished twice for the same offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_139\", \"num\": \"139.\", \"text\": \"Trial and penalties for offences against discipline by a special constable 139. (1) For the purpose of the trial of offences by special constables against discipline, the Commissioner, or any senior officer or special constable of or above the rank of Assistant Superintendent duly authorised by the Commissioner, shall have power to impose any of the following punishments \u2014 (a) reprimand; (b) severe reprimand; Police Act (2021 Revision) (c) reduction in rank; or (d) discharge. (2) A punishment of reduction in rank or discharge imposed on a special constable pursuant to subsection (1) shall not take effect until confirmation by the Commissioner, who may confirm, vary or quash the punishment so imposed. (3) A special constable shall not be convicted of an offence against discipline unless the charge has been read and inquired into in the special constable\u2019s presence and the special constable has been given sufficient opportunity to make that special constable\u2019s defence to the charge. (4) A special constable upon whom a punishment is imposed shall, at the time when such punishment is imposed, be informed of that special constable\u2019s right of appeal and the provisions of section 101 shall apply subject to the necessary modifications.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_140\", \"num\": \"140.\", \"text\": \"Illness, injury or death 140. (1) If a special constable is temporarily incapacitated by reason of any wound or injury received or sickness contracted by that special constable in the performance of any duty or training by that special constable under this Act and the wound or injury is received or the sickness is contracted in the actual discharge of that special constable\u2019s duty as a special constable and without the special constable\u2019s own default, the special constable shall be eligible to receive such free medical treatment and such pay or allowances as the Governor may approve. (2) If a special constable receives any permanent disablement attributable to any wound or injury received or sickness contracted by that special constable in the circumstances referred to in subsection (1), the Governor, in the Governor\u2019s discretion, may, out of funds made available by the Cayman Islands Parliament, award to that special constable a gratuity as the Governor considers just. (3) If a special constable is killed or dies as a result of any wound or injury received or sickness contracted by that special constable in the circumstances referred to in subsection (1), the Governor, in the Governor\u2019s discretion, may allocate from any fund available for that purpose, a grant to the dependants of that special constable of an allowance as the Governor considers just. (4) An award shall not be made to a special constable or to a dependant of a special constable under subsection (2) or (3) if that special constable or that dependant is eligible to receive a gratuity, pension or other allowance in respect of the same disablement or death under the Public Service Pensions Act (2021 Revision). (5) A special constable shall not, in respect of that special constable\u2019s appointment as such, be regarded as a workman for the purpose of the Workmen\u2019s Compensation Act (1996 Revision). Police Act (2021 Revision) (6) A gratuity, allowance or any compensation paid under this section shall not be assignable or transferable nor liable to be attached, sequestered or levied upon except for the purpose of satisfying \u2014 (a) a debt due to the Crown; or (b) an order of any court for the payment of periodical sums of money towards the maintenance of the spouse or civil partner or former spouse or civil partner or minor child of the person to whom the gratuity or other allowance has been granted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_141\", \"num\": \"141.\", \"text\": \"Termination of appointment 141. (1) A special constable may resign that special constable\u2019s appointment at any time by giving one month\u2019s notice in writing to the Commissioner, but the Commissioner may waive the provisions of this subsection regarding the period of notice to be given. (2) The Commissioner, subject to such consultation as may be necessary under section 129 in relation to the appointment of the special constable concerned, may terminate the appointment of a special constable whose services are no longer required, and shall forthwith give notice of the termination in writing to the special constable concerned. (3) A special constable shall, within one week of that special constable\u2019s resignation or of the receipt of the notice terminating that special constable\u2019s appointment under subsection (2), deliver up at the time and place and to the person stated in the notice of termination, or to one of that special constable\u2019s senior officers, that special constable\u2019s identity card and all arms, equipment, clothing and appointments whatsoever which have been supplied to that special constable under this Act and which are the property of the Government. (4) An ex-special constable who, having ceased to belong to the Special Constabulary, fails without good cause to comply with subsection (3) commits an offence and is liable on summary conviction to a fine of one thousand dollars or to imprisonment for six months, or to both. Part X - Miscellaneous\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_142\", \"num\": \"142.\", \"text\": \"Special duty and fees chargeable 142. (l) On the application of any person, the Commissioner may, if the Commissioner thinks fit, detail a police officer to perform special police services in, upon or about any place, premises, business or vessel specified by the applicant. (2) The applicant shall pay to the Commissioner for the services of that police officer so detailed under subsection (1), such fees as may be prescribed from Police Act (2021 Revision) time to time or, if and so far as no such fees have been prescribed, as the Commissioner may think fit. (3) All fees received by the Commissioner under this section shall be paid by the Commissioner into the Welfare Fund forthwith, and every sum of money due for such services shall be considered a debt due to the Crown and be recoverable by the Commissioner by summons returnable in the summary court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_143\", \"num\": \"143.\", \"text\": \"Compensation for damage 143. If the property of a police officer or special constable is damaged during the performance of any duty or training by that police officer or special constable under this Act, that property being damaged without that police officer\u2019s or that special constable\u2019s default and on account of circumstances specifically attributable to the nature of that police officer\u2019s or that special constable\u2019s duties as such, that police officer shall be compensated out of public funds upon a scale assessed by the Commissioner.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_144\", \"num\": \"144.\", \"text\": \"Police clearance certificate 144. (1) A person shall apply for a police clearance certificate in the prescribed form. (2) An application for a police clearance certificate shall be accompanied by \u2014 (a) a statutory declaration stating the full name, address and occupation of the applicant, including particulars of any aliases and change of name by marriage or civil partnership or deed poll; (b) fingerprints; and (c) the prescribed application fee, and any other relevant information which may be requested. (3) Where a person makes a false declaration on an application for a police clearance certificate, that person commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for one year, or to both. (4) Upon a satisfactory application being made, the relevant police clearance certificate shall be issued in the prescribed form. (5) Where fingerprints have been taken pursuant to an application under this section, such fingerprints shall be destroyed or handed over to the applicant at the applicant\u2019s option. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_145\", \"num\": \"145.\", \"text\": \"Police Legal Protection Fund 145. (1) There is hereby established a Police Legal Protection Fund, the funds of which shall be applied for the purpose of providing assistance towards the payment of legal fees or associated costs in relation to the defence of a legal action brought against a police officer for any prescribed act committed while the police officer was on duty. (2) Subject to any regulations, the Police Legal Protection Fund shall be administered by the Police Welfare Committee. (3) The Police Welfare Committee may accept voluntary contributions to the Police Legal Protection Fund, either from police officers or members of the public. (4) The Police Legal Protection Fund shall be subject to an annual audit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_146\", \"num\": \"146.\", \"text\": \"Regulations 146. (1) The Cabinet may make regulations for the good order and government of the Service and for carrying into effect any of the purposes or provisions of this Act including the following \u2014 (a) the numerical establishment of the Service, the conditions of service and the various grades, ranks and appointments therein; (b) the duties to be performed by police officers and for their guidance in the discharge of such duties; (c) pay, retirement benefits and allowances; (d) the description and issue of arms, accoutrements, uniforms and necessaries to be supplied; (e) the control, administration and application of the Welfare Fund; (f) the control, administration and application of the Police Legal Protection Fund; (g) discipline and disciplinary procedure; (h) police identification including measurements, fingerprints, palm prints, photographs and the records thereof; (i) court procedure; (j) the interrogation of suspects and witnesses; (k) the establishment and management of criminal investigation, traffic, drug detection and special branch duties; (l) the establishment and maintenance of police books and records; (m) the care of arms, stores, furniture and equipment; (n) the wearing of uniform and badges of rank; (o) ceremonial drill and parades; (p) the care and sale of police property; Police Act (2021 Revision) (q) the role of the police in assisting the fire service; (r) the control of processions, riots and disorders; (s) the general control of the Special Constabulary; (t) prescribing the fees chargeable for administrative services provided to the public; and (u) anything required by this Act to be prescribed. (2) Further to subsection (1), the Cabinet may make Regulations for the provision of information to another law enforcement or regulatory agency, whether local or international which, notwithstanding the provisions of any other Law, shall provide for the conduct of, or provision of assistance with, a criminal investigation, as may be required for compliance with international standards relating to the prevention of criminal activity, including money laundering, terrorist financing and proliferation financing.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_147\", \"num\": \"147.\", \"text\": \"Right to silence 147. (1) A police officer shall, prior to the interview of a person \u2014 (a) whom the police officer suspects to have committed an offence; or (b) whom the police officer has charged with the commission of an offence, inform that person that that person has the right to remain silent and that, if that person exercises that person\u2019s right to remain silent, inferences may be drawn from that person\u2019s silence. (2) The police officer shall, as soon as is practicable, record in the custody record of a person interviewed that the person has been informed of that person\u2019s right to remain silent.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_148\", \"num\": \"148.\", \"text\": \"Effect of accused\u2019s failure to mention facts when questioned or charged 148. (1) Where, in any proceedings against a person for an offence, evidence is given that the accused \u2014 (a) at any time before the accused was charged with the offence, on being questioned by a police officer trying to discover whether or by whom the offence had been committed, failed to mention any fact relied on in the accused\u2019s defence in those proceedings; or (b) on being charged with the offence or officially informed that the accused might be prosecuted for it, failed to mention any such fact; or (c) at any time after being charged with the offence, on being questioned under the Terrorism Act (2018 Revision), failed to mention any such fact, being a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, subsection (2) shall apply. Police Act (2021 Revision) (2) A \u2014 (a) court in determining whether there is a case to answer; or (b) court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper. (3) Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) above do not apply if the accused had not been allowed an opportunity to consult an attorney-at-law prior to being questioned, charged or informed as mentioned in subsection (1). (4) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention. (5) This section applies in relation to questioning by persons, other than police officers, charged with the duty of investigating offences or charging offenders as it applies in relation to questioning by police officers; and in subsection (1) above \\\"officially informed\\\" means informed by a police officer or any such person. (6) This section does not \u2014 (a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in the accused\u2019s presence relating to the conduct in respect of which the accused is charged, in so far as evidence thereof would be admissible apart from this section; or (b) preclude the drawing of any inference from any such silence or other reaction of the accused which could properly be drawn apart from this section. (7) This section does not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_149\", \"num\": \"149.\", \"text\": \"Effect of accused\u2019s silence at trial 149. (1) At the trial of any person for an offence subsections (2) and (3) apply unless \u2014 (a) the accused\u2019s guilt is not in issue; or (b) it appears to the court that the physical or mental condition of the accused makes it undesirable for the accused to give evidence, but subsection (2) does not apply if, at the conclusion of the evidence for the prosecution, the accused\u2019s attorney-at-law informs the court that the accused will give evidence or, where the accused is unrepresented, the court ascertains from the accused that that accused will give evidence. (2) Where this subsection applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment with Police Act (2021 Revision) a jury, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that the accused can, if that accused wishes, give evidence and that, if that accused chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from the accused\u2019s failure to give evidence or the accused\u2019s refusal, without good cause, to answer any question. (3) Where this subsection applies, the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences as appear proper from the failure of the accused to give evidence or the accused\u2019s refusal, without good cause, to answer any question. (4) This section does not render the accused compellable to give evidence on the accused\u2019s own behalf, and the accused shall accordingly not be guilty of contempt of court by reason of a failure to do so. (5) For the purposes of this section a person who, having been sworn, refuses to answer any question shall be taken to do so without good cause unless \u2014 (a) that person is entitled to refuse to answer the question by virtue of any Law, whenever enacted or made, or on the ground of privilege; or (b) the court in the exercise of its general discretion excuses that person from answering it. (6) This section applies \u2014 (a) in relation to proceedings on indictment for an offence, only if the person charged with the offence is arraigned on or after the commencement of this section; and (b) in relation to proceedings in a Magistrates\u2019 court, only if the time when the court begins to receive evidence in the proceedings falls after the commencement of this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_150\", \"num\": \"150.\", \"text\": \"Effect of accused\u2019s failure or refusal to account for objects, substances or marks 150. (1) Where \u2014 (a) a person is arrested by a police officer, and there is \u2014 (i) on that person\u2019s person; (ii) in or on that person\u2019s clothing or footwear; (iii) otherwise in that person\u2019s possession; or (iv) in any place in which that person is at the time of that person\u2019s arrest, any object, substance or mark, or there is any mark on any such object; (b) another police officer investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the Police Act (2021 Revision) participation of the person arrested in the commission of an offence specified by the police officer; (c) the police officer informs the person arrested that the police officer so believes, and requests that person to account for the presence of the object, substance or mark; and (d) the person fails or refuses to do so, then if, in any proceedings against the person for the offence so specified, evidence of those matters is given, subsection (2) applies. (2) A \u2014 (a) court, in determining whether there is a case to answer; or (b) court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper. (3) Subsections (1) and (2) apply to the condition of clothing or footwear as they apply to a substance or mark thereon. (4) Subsections (1) and (2) do not apply unless the accused was told in ordinary language by the police officer when making the request mentioned in subsection (1)(c) what the effect of this section would be if the accused failed or refused to comply with the request. (5) Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if the accused had not been allowed an opportunity to consult an attorney-at-law prior to the request being made. (6) This section applies in relation to officers of customs and excise as it applies in relation to police officers. (7) This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition of clothing or footwear which could properly be drawn apart from this section. (8) This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_151\", \"num\": \"151.\", \"text\": \"Effect of accused\u2019s failure or refusal to account for presence at a particular place 151. (1) Where \u2014 (a) a person arrested by a police officer was found by that police officer at a place at or about the time the offence for which that person was arrested is alleged to have been committed; Police Act (2021 Revision) (b) that or another police officer investigating the offence reasonably believes that the presence of the person at that place and at that time may be attributable to that person\u2019s participation in the commission of the offence; (c) the police officer informs the person that the police officer so believes, and requests that person to account for that presence; and (d) the person fails or refuses to do so, then if, in any proceedings against the person for the offence, evidence of those matters is given, subsection (2) applies. (2) A \u2014 (a) court, in determining whether there is a case to answer; and (b) court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper. (3) Subsections (1) and (2) do not apply unless the accused was told in ordinary language by the police officer when making the request mentioned in subsection (1)(c) what the effect of this section would be if the accused failed or refused to comply with the request. (4) Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if the accused had not been allowed an opportunity to consult an attorney-at-law prior to the request being made. (5) This section applies in relation to officers of customs and excise as it applies in relation to police officers. (6) This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for that accused\u2019s presence at a place which could properly be drawn apart from this section. (7) This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_152\", \"num\": \"152.\", \"text\": \"Interpretation of certain references in sections 148, 149, 150 and 151 152. (1) In sections 148(2), 149(3), 150(2) and 151(2), references to an offence charged include references to any other offence of which the accused could lawfully be convicted on that charge. (2) In sections 148(3), 150(5) and 151(4) references to an authorised place of detention include a police station, prison or any other prescribed place of detention. (3) Nothing in sections 148, 149, 150 or 151 prejudices the operation of a provision of any Law which provides, in whatever words, that any answer or evidence given by a person in specified circumstances shall not be admissible in evidence Police Act (2021 Revision) against that person or some other person in any proceedings or class of proceedings. (4) In subsection (3), the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise. (5) Nothing in sections 148, 149, 150 or 151 prejudices any power of a court, in any proceedings, to exclude evidence, whether by preventing questions being put or otherwise, at its discretion. (6) Where the court or jury is entitled to draw such inferences as appear proper pursuant to these provisions, the court or jury is entitled to take into account the failure to mention the fact or failure to testify as an additional evidential factor in support of the prosecution case. (7) A person shall not have the proceedings against that person transferred to the Grand Court for trial, have a case to answer or be convicted of an offence \u2014 (a) solely; or (b) mainly, on an inference drawn from such a failure or refusal as is mentioned in section 148(2), 149(3), 150(2) or 151(2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_153\", \"num\": \"153.\", \"text\": \"Power of police officer to use reasonable force 153. Where any provision of this Act \u2014 (a) confers a power on a police officer; and (b) does not provide that the power may only be exercised with the consent of some person, other than a police officer, the police officer may use reasonable force, if necessary, in the exercise of the power.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_154\", \"num\": \"154.\", \"text\": \"Use of force in making arrest, etc. 154. A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or in assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_155\", \"num\": \"155.\", \"text\": \"Repeal of Police Law (2006 Revision) 155. The Police Law (2006 Revision) is repealed by section 155 of the Police Act, 2010 [Law 36 of 2010]. Police Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_156\", \"num\": \"156.\", \"text\": \"Savings 156. All appointments and things lawfully made or done under the repealed Police Law (2006 Revision) in this section referred to as the \u201crepealed Law\u201d shall continue in force and shall be deemed to have been made or done under this Act and Regulations and Standing Orders made under the repealed Law, not being inconsistent with this Act, shall remain in force until replaced by Regulations and Standing Orders made under this Act. Police Act (2021 Revision) SCHEDULE 1 SCHEDULE 1 (sections 10, 11, 131 and 132) ROYAL CAYMAN ISLANDS POLICE SERVICE Oath or Affirmation \u201cI  do swear \/ solemnly declare that I will well and truly serve our Sovereign Lady the Queen in the office of\u2026\u2026\u2026\u2026\u2026..without favour or affection, malice or ill will, and that I will cause Her Majesty\u2019s peace to be kept and preserved; and that I will prevent to the utmost of my power, all offences against the same; and that so long as I continue to hold the said office, or any other office in the Royal Cayman Islands Police Service, I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law - So help me God.\u201d SCHEDULE 1 Police Act (2021 Revision) ROYAL CAYMAN ISLANDS POLICE SERVICE Identity Card Police Act (2021 Revision) SCHEDULE 2 SCHEDULE 2 (sections 10, 32, 34, 35 and 131) IDENTIFICATION EVIDENCE FORMS Form 1 Standard Fingerprint Form SCHEDULE 2 Police Act (2021 Revision) Police Act (2021 Revision) SCHEDULE 2 Form 2 Elimination Finger Print Form SCHEDULE 2 Police Act (2021 Revision) Form 3 Officer\u2019s Finger Print Form Police Act (2021 Revision) SCHEDULE 2 Form 4 Footprint Form SCHEDULE 3 Police Act (2021 Revision) SCHEDULE 3 (section 46) SPECIAL PROCEDURE FOR ACCESS Making of orders by judge 1. If on an application made by a police officer a judge is satisfied that one or other of the sets of access conditions is fulfilled, that judge may make an order under paragraph 4. 2. The first set of access conditions is fulfilled if \u2014 (a) there are reasonable grounds for believing \u2014 (i) that an indictable offence has been committed; (ii) that there is material on premises specified in the application, or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify); (iii) that the material is likely to be of substantial value (whether by itself or together with other materials) to the investigation in connection with which the application is made; and (iv) that the material is likely to be relevant evidence; (b) other methods of obtaining the material \u2014 (i) have been tried without success; or (ii) have not been tried because it appeared that they were bound to fail; and (c) it is in the public interest, having regard \u2014 (i) to the benefit likely to accrue to the investigation if the material is obtained; and (ii) to the circumstances under which the person in possession of the material holds it, that the material should be produced or that access to it should be given. 3. The second set of access conditions is fulfilled if \u2014 (a) there are reasonable grounds for believing that there is material on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify); Police Act (2021 Revision) SCHEDULE 3 (b) but for section 46(2) a search of such premises for that material could have been authorised by the issue of a warrant to a police officer under any law other than this Schedule; and (c) the issue of such a warrant would have been appropriate. 4. An order under this paragraph is an order that the person who appears to the judge to be in possession of the material to which the application relates shall \u2014 (a) produce it to a police officer for that person to take away; or (b) give a police officer access to it, not later than the end of the period of seven days from the date of the order or the end of such longer period as the order may specify. 5. Where the material consists of information stored in any electronic form \u2014 (a) an order under paragraph 4(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form; and (b) an order under paragraph 4(b) shall have effect as an order to give a police officer access to the material in a form in which it is visible and legible. 6. For the purposes of sections 54 and 55 material produced in pursuance of an order under paragraph 4(a) shall be treated as if it were material seized by a police officer. Notices of applications for orders 7. An application for an order under paragraph 4 shall be made inter partes. 8. Notice of an application for such an order may be served on a person either by delivering it to that person or by leaving it at that person\u2019s proper address or by sending it by post to that person in a registered letter or by the recorded delivery service. 9. Where a notice under paragraph 8 is to be served on a body corporate or partnership, it shall be served \u2014 (a) on a body corporate, by serving it on the body\u2019s secretary or clerk or other similar officer; or (b) on a partnership, by serving it on one of the partners. 10. For the purposes of this Schedule, the proper address of a person, in the case of secretary or other similar officer of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served. SCHEDULE 3 Police Act (2021 Revision) 11. Where notice of an application for an order under paragraph 4 has been served on a person, that person shall not conceal, destroy, alter or dispose of the material to which the application relates except with the leave of a judge, or with the written permission of a police officer, until \u2014 (a) the application is dismissed or abandoned; or (b) that person has complied with an order under paragraph 4 made on the application. Issue of warrants by judge 12. If on an application made by a police officer a judge \u2014 (a) is satisfied \u2014 (i) that either set of access conditions is fulfilled; and (ii) that any of the further conditions set out in paragraph 15 is also fulfilled in relation to each set of premises specified in the application; or (b) is satisfied \u2014 (i) that the second set of access conditions is fulfilled; and (ii) that an order under paragraph 4 relating to the material has not been complied with, he may issue a warrant authorising a police officer to enter and search the premises or, as the case may be, all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (in this Schedule referred to as an \\\"all premises warrant\\\"). 13. The judge may not issue an all premises warrant unless that judge is satisfied \u2014 (a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and (b) that it is not reasonably practicable to specify all the premises which the person occupies or controls which might need to be searched. 14. A police officer may seize and retain anything for which a search has been authorised under paragraph 12. 15. The further conditions mentioned in paragraph 12(a)(ii) are \u2014 (a) that it is not practicable to communicate with any person entitled to grant entry to the premises; (b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material; Police Act (2021 Revision) SCHEDULE 3 (c) that the material contains information which is unlikely to be disclosed if a warrant is not issued; and (d) that service of notice of an application for an order under paragraph 4 may seriously prejudice the investigation. 16. (1) If a person fails to comply with an order under paragraph 4, a judge may deal with that person as if that person had committed a contempt of Court. (2) The law relating to contempt of Court shall have effect in relation to such a failure as if it were such contempt. Costs 17. The costs of an application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion of the judge provided that where the Crown acts reasonably and in good faith, no costs should be awarded. SCHEDULE 3 Police Act (2021 Revision) Police Act (2021 Revision) SCHEDULE 4 - Repealed SCHEDULE 4 - Repealed Repealed by s. 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [ Law 22 of 2017]. Publication in consolidated and revised form authorised by the Cabinet this 5th day of January, 2021. Kim Bullings Clerk of the Cabinet Police Act (2021 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law # Legislation Commencement Gazette 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 35\/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64\/2020\/s1 22\/2017 Police (Complaints by the Public) Law, 2017 17-Jan-20181 GE35\/2017\/s2 Police Law (2017 Revision) 31-May-2017 GE45\/2017\/s25 39\/2016 Police (Amendment) Law, 2016 19-Dec-2016 G26\/2016\/s7 50\/2016 Public Service Management (Amendment) Law, 2016 (Commencement) Order, 2016 9-Sept-2016 GE71\/2016\/s1 21\/2016 Public Service Management (Amendment) Law, 2016 9-Sept-2016 GE54\/2016\/s2 Police Law (2014 Revision) 7-Nov-2014 GE83\/2014\/s2 10\/2014 Police (Amendment) Law, 2014 (Commencement) Order, 31-Mar-2014 GE21\/2014\/s1 1\/2014 Police (Amendment) Law, 2014 1-Apr-2014 G5\/2014\/s1 36\/2010 Police Law, 2010 22-Nov-2010 G24\/2010\/s14 1 Commenced with the coming into force of the Ombudsman Act, 2017 [Law 23 of 2017]. ENDNOTES Police Act (2021 Revision) Police Act (2021 Revision) ENDNOTES ENDNOTES Police Act (2021 Revision) (Price: $23.20)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2021_02_19\", \"date\": \"2021-02-19\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": 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Islands Constitution\n(Amendment) Order 2020 (UKSI 2020 No. 1283).\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 36 of 2010-15th September, 2010\nLaw 1 of 2014-31st January, 2014\nLaw 21 of 2016-24th June, 2016\nLaw 39 of 2016-24th October, 2016\nLaw 22 of 2017-27thMarch, 2017 (part)\nLaw 35 of 2020-4th September, 2020\nLaw 56 of 2020-7th December, 2020.\n\nOriginally made \u2014\nU.K. Order 2020-11th November, 2020.\n\nConsolidated and revised this 31st day of December, 2020.\n\nNote (not forming part of this Act): This revision replaces the 2017 Revision which\nshould now be discarded.\n\nPolice Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 3\n\nCAYMAN ISLANDS\n\nPOLICE ACT\n(2021 Revision)\nArrangement of Sections\nSection\nPage\nPart I - Preliminary\n1.\nShort title ...................................................................................................................................... 9\n2.\nInterpretation ................................................................................................................................ 9\nPart II - Constitution and Administration\n3.\nPrevious Force continued ........................................................................................................... 11\n4.\nConstitution ................................................................................................................................. 11\n5.\nFunctions of the Service ............................................................................................................. 11\n6.\nGeneral powers of Commissioner .............................................................................................. 12\n7.\nAdministration of the Service ...................................................................................................... 12\nPart III - Appointments, Enlistments, Service and Discharge\n8.\nAppointments, etc. ...................................................................................................................... 12\n9.\nEnlistments ................................................................................................................................. 13\n10.\nDeclaration and other requirements on enlistment ..................................................................... 13\n11.\nIdentity card ................................................................................................................................ 13\n12.\nLiability to serve .......................................................................................................................... 14\n13.\nPolice officers not to engage in other employment or in political activities ................................. 14\n14.\nPolice Association continued ...................................................................................................... 14\n15.\nResignations ............................................................................................................................... 14\n16.\nDischarge ................................................................................................................................... 15\n17.\nPolice officer ceasing to belong to the Service to hand over public property in that\nperson\u2019s charge .......................................................................................................................... 15\n\nArrangement of Sections\nPolice Act  (2021 Revision)\n\nPage 4\nRevised as at 31st December, 2020\nc\n\n18.\nStatus of police officers .............................................................................................................. 15\n19.\nPolice officers performing duties of higher rank ......................................................................... 16\n20.\nSpecial contracts of enlistment .................................................................................................. 16\n21.\nRetirement and pensions ........................................................................................................... 16\n22.\nMedical privileges ...................................................................................................................... 17\n23.\nSpecial pensions in the event of death or incapacity attributable to performance of duty ......... 17\n24.\nPolice officers\u2019 funeral expenses ............................................................................................... 18\nPart IV - Powers, Duties and Privileges of Police Officers\n25.\nGeneral powers .......................................................................................................................... 18\n26.\nPower of police officer to lay and exhibit complaints, etc. .......................................................... 19\n27.\nPolice officers not liable for acts done under warrant ................................................................ 19\n28.\nPower to inspect licences or permits ......................................................................................... 19\n29.\nDuty to keep order in public places ............................................................................................ 20\n30.\nPower to require names and addresses .................................................................................... 20\n31.\nPower to record identification ..................................................................................................... 20\n32.\nElimination identification evidence ............................................................................................. 21\n33.\nDestruction of records of identification ....................................................................................... 21\n34.\nFingerprints ................................................................................................................................ 22\n35.\nFootprints and impressions of footwear ..................................................................................... 24\n36.\nIntimate samples ........................................................................................................................ 25\n37.\nOther samples ............................................................................................................................ 27\n38.\nPhotographs ............................................................................................................................... 30\n39.\nUse of fingerprints and other samples ....................................................................................... 31\n40.\nTesting for presence of controlled drugs .................................................................................... 34\n41.\nPower of police officer to stop and search persons, vehicles, etc. ............................................ 37\n42.\nProvisions relating to search under section 41 and other powers ............................................. 38\n43.\nDuty to make records concerning searches ............................................................................... 40\n44.\nSearch warrant safeguards ........................................................................................................ 41\n45.\nPower of Justice of the Peace to authorise entry and search of premises ................................ 42\n46.\nSpecial provisions as to access to excluded material ................................................................ 43\n47.\nRoad barriers ............................................................................................................................. 43\n48.\nRoad checks .............................................................................................................................. 43\n49.\nCordons and curfews ................................................................................................................. 45\n50.\nPower to stop, search and arrest during a cordon and curfew .................................................. 46\n51.\nPenalties for contravention of section 49 ................................................................................... 47\n52.\nPower of police officer to enter and break into premises in case of fire, etc. ............................. 47\n53.\nGeneral power of seizure, etc. ................................................................................................... 47\n54.\nExtension of powers of seizure to computer and electronic information .................................... 48\n55.\nAccess and copying ................................................................................................................... 48\n56.\nRetention .................................................................................................................................... 50\n57.\nMeaning of \u201citems subject to legal privilege\u201d .............................................................................. 50\n58.\nMeaning of \u201cexcluded material\u201d .................................................................................................. 51\n59.\nGeneral arrest conditions ........................................................................................................... 51\n60.\nPowers of arrest ......................................................................................................................... 52\n61.\nEntry for the purpose of arrest, etc. ........................................................................................... 53\n62.\nInformation to be given on arrest ............................................................................................... 54\n63.\nRight to have someone informed when arrested ....................................................................... 55\n\nPolice Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 5\n\n64.\nAccess to legal advice ................................................................................................................ 56\n65.\nDetention of persons arrested without warrant ........................................................................... 58\n66.\nArrest by private citizen .............................................................................................................. 61\n67.\nArrest elsewhere than at a police station .................................................................................... 61\n68.\nVoluntary attendance at the police station.................................................................................. 62\n69.\nCustody officers .......................................................................................................................... 62\n70.\nResponsibilities in relation to persons detained ......................................................................... 63\n71.\nSearches of detained persons .................................................................................................... 64\n72.\nSearches and examination to ascertain identity ......................................................................... 65\n73.\nIntimate searches ....................................................................................................................... 66\n74.\nX-rays and ultrasound scans ...................................................................................................... 68\n75.\nSearch upon arrest outside of police station .............................................................................. 69\n76.\nTape recording of interviews ...................................................................................................... 70\n77.\nVisual recording of interviews ..................................................................................................... 71\n78.\nRebailing ..................................................................................................................................... 71\n79.\nPower of arrest for failure to answer to police bail...................................................................... 72\n80.\nArrest for further offence ............................................................................................................. 72\n81.\nGuidance .................................................................................................................................... 72\n82.\nInformation to be sent to the Director of Public Prosecutions for a determination ..................... 73\nPart V - Police Property\n83.\nDefinition of police property ........................................................................................................ 73\n84.\nPerishable property .................................................................................................................... 73\n85.\nCourt exhibits .............................................................................................................................. 73\n86.\nLost property to be surrendered to the police ............................................................................. 73\n87.\nLost property to be restored ....................................................................................................... 73\n88.\nLost property remaining unclaimed ............................................................................................ 74\n89.\nSale by auction of police property .............................................................................................. 74\n90.\nSale of police property bars further claims ................................................................................. 74\n91.\nWelfare Fund continued ............................................................................................................. 74\n92.\nCustody and application of Welfare Fund................................................................................... 74\n93.\nVoluntary contributions to Welfare Fund .................................................................................... 75\nPart VI - Discipline\n94.\nSuspension or interdiction of police officers ............................................................................... 75\n95.\nInterdiction of police officers ....................................................................................................... 75\n96.\nSerious offences by police officers ............................................................................................. 76\n97.\nOffences against discipline ......................................................................................................... 76\n98.\nPower to arrest police officers .................................................................................................... 76\n99.\nTrial and punishment of offences against discipline for police officers other than the\nCommissioner, Deputy Commissioner and Assistant Commissioner......................................... 77\n100. Trial and punishment of offences against discipline for the Commissioner, Deputy\nCommissioner and Assistant Commissioner .............................................................................. 78\n101. Appeals ....................................................................................................................................... 78\n102. Power to summon witnesses ...................................................................................................... 80\n103. Procedure in cases of grave or repeated offences ..................................................................... 81\n104. Discharge or reduction in rank of police officers convicted by a court ....................................... 81\n105. Admonishment and reprimand ................................................................................................... 81\n\nArrangement of Sections\nPolice Act  (2021 Revision)\n\nPage 6\nRevised as at 31st December, 2020\nc\n\n106. Fines recoverable by stoppage of pay ....................................................................................... 81\n107. Loss or damage to arms or equipment to be made good by stoppage of pay ........................... 82\n108. Pay not to accrue during absence without leave or imprisonment ............................................. 82\nPart VII \u2013 Repealed\n109. Repealed .................................................................................................................................... 82\n110. Repealed .................................................................................................................................... 82\n111. Repealed .................................................................................................................................... 82\n112. Repealed .................................................................................................................................... 82\n113. Repealed .................................................................................................................................... 82\n114. Repealed .................................................................................................................................... 83\n115. Repealed .................................................................................................................................... 83\n116. Repealed .................................................................................................................................... 83\n117. Repealed .................................................................................................................................... 83\n118. Repealed .................................................................................................................................... 83\n119. Repealed .................................................................................................................................... 83\n120. Repealed .................................................................................................................................... 83\n121. Repealed .................................................................................................................................... 83\nPart VIII - General Offences and Penalties\n122. Unlawful possession of articles supplied to police officers ........................................................ 84\n123. Penalty for assaulting, obstructing, a police officer, et al. .......................................................... 84\n124. Penalty for making false report of commission of offence, etc. .................................................. 84\n125. Penalty for causing disaffection, etc. ......................................................................................... 85\n126. Penalty for disorderly conduct in police station, etc. .................................................................. 85\n127. Power to prosecute under other laws unaffected ....................................................................... 85\nPart IX - Special Constabulary\n128. Special Constabulary continued ................................................................................................ 85\n129. Composition of Special Constabulary ........................................................................................ 85\n130. Commissioner to command Special Constabulary .................................................................... 85\n131. Declaration on appointment Schedule 1 .................................................................................... 86\n132. Certificate of identity .................................................................................................................. 86\n133. Training and duties .................................................................................................................... 86\n134. Calling out for service ................................................................................................................ 86\n135. Powers, privileges and protection of special constables ............................................................ 87\n136. Pay and allowances, etc. ........................................................................................................... 87\n137. Clothing and equipment ............................................................................................................. 87\n138. Offences against discipline by a special constable .................................................................... 87\n139. Trial and penalties for offences against discipline by a special constable ................................. 87\n140. Illness, injury or death ................................................................................................................ 88\n141. Termination of appointment ....................................................................................................... 89\nPart X - Miscellaneous\n142. Special duty and fees chargeable .............................................................................................. 89\n143. Compensation for damage ......................................................................................................... 90\n\nPolice Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 7\n\n144. Police clearance certificate ......................................................................................................... 90\n145. Police Legal Protection Fund ...................................................................................................... 91\n146. Regulations ................................................................................................................................. 91\n147. Right to silence ........................................................................................................................... 92\n148. Effect of accused\u2019s failure to mention facts when questioned or charged .................................. 92\n149. Effect of accused\u2019s silence at trial .............................................................................................. 93\n150. Effect of accused\u2019s failure or refusal to account for objects, substances or marks .................... 94\n151. Effect of accused\u2019s failure or refusal to account for presence at a particular place ................... 95\n152. Interpretation of certain references in sections 148, 149, 150 and 151 ..................................... 96\n153. Power of police officer to use reasonable force ......................................................................... 97\n154. Use of force in making arrest, etc. .............................................................................................. 97\n155. Repeal of Police Law (2006 Revision)........................................................................................ 97\n156. Savings ....................................................................................................................................... 98\nSCHEDULE 1\n99\nROYAL CAYMAN ISLANDS POLICE SERVICE\n99\nSCHEDULE 2\n101\nIDENTIFICATION EVIDENCE FORMS\n101\nSCHEDULE 3\n106\nSPECIAL PROCEDURE FOR ACCESS\n106\nSCHEDULE 4 - Repealed\n111\nRepealed by s. 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [ Law 22 of 2017].\n111\nENDNOTES\n113\nTable of Legislation history: ............................................................................................................... 113\n\nPolice Act (2021 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2020\nPage 9\n\nCAYMAN ISLANDS\n\nPOLICE ACT\n(2021 Revision)\n\nPart I - Preliminary\n1.\nShort title\n1.\nThis Act may be cited as the Police Act (2021 Revision).\n2.\nInterpretation\n2.\nIn this Act \u2014\n\u201cappropriate consent\u201d means in relation to a person \u2014\n(a) who has attained the age of eighteen years, the consent of that person;\n(b) who has not attained the age of eighteen years, but has attained the age of\nfourteen years, the consent of that person and that person\u2019s parent or\nguardian; and\n(c) who has not attained the age of fourteen years, the consent of that person\u2019s\nparent or guardian;\n\u201carms\u201d means firearms as defined in the Firearms Act (2008 Revision);\n\u201carrestable offence\u201d means an offence prescribed as such in Schedule 1 to the\nCriminal Procedure Code (2021 Revision);\n\u201cchief officer\u201d means the chief officer having oversight of the Service, referred\nto in section 2 of the Public Management and Finance Act (2020 Revision);\n\u201cC.M.O.\u201d means the Chief Medical Officer of the Government and includes any\nperson deputising for the Chief Medical Officer;\n\nSection 2\nPolice Act (2021 Revision)\n\nPage 10\nRevised as at 31st December, 2020\nc\n\n\u201ccommanding officer\u201d means the Commissioner or a police officer in control\nof the police in any district;\n\u201cCommissioner\u201d means the Commissioner of Police appointed under this Act;\n\u201cconstable\u201d means a police officer of the rank of constable of any grade and\nincludes a recruit constable, auxiliary constable and community support officer;\n\u201cfirearm offence\u201d means an offence under the Firearms Act (2008 Revision);\n\u201cInspector\u201d means a police officer of the rank of Inspector of any grade;\n\u201cintimate sample\u201d means \u2014\n(a) a sample of blood, semen or any other tissue fluid, urine or pubic hair;\n(b) a dental impression; or\n(c) a swab taken from any part of a person\u2019s genitals (including pubic hair) or\nfrom a person\u2019s body orifices other than the mouth;\n\u201cintimate search\u201d means a search which consists of the physical examination\nof a person\u2019s body orifices other than the mouth;\n\u201cjunior officer\u201d means a police officer below the rank of Inspector;\n\u201cnon-intimate sample\u201d means \u2014\n(a) a sample of hair other than a pubic hair;\n(b) a sample taken from a nail or from under a nail;\n(c) a swab taken from any part of a person\u2019s body other than a part from which\na swab taken would be an intimate sample;\n(d) saliva; or\n(e) a skin impression, meaning in relation to any person, any record (other\nthan a fingerprint) which is a record (in any form and produced by any\nmethod) of the skin pattern and other physical characteristics or features\nof the whole or any part of that person\u2019s that person\u2019s foot or of any other\npart of that person\u2019s body;\n\u201cpolice officer\u201d means any member of the Service;\n\u201cpremises\u201d includes any place and, in particular, includes \u2014\n(a) any vehicle, vessel, aircraft or hovercraft; and\n(b) any tent or movable structure;\n\u201cregistered dentist\u201d means a person duly registered as a dentist pursuant to the\nHealth Practice Act (2021 Revision);\n\u201cregistered medical doctor\u201d means a person duly registered as a medical\ndoctor pursuant to the Health Practice Act (2021 Revision);\n\u201cregistered nurse\u201d means a person duly registered as a nurse pursuant to the\nHealth Practice Act (2021 Revision);\n\u201cregulations\u201d means regulations made under section 146;\n\nPolice Act (2021 Revision)\nSection 3\n\nc\nRevised as at 31st December, 2020\nPage 11\n\n\u201crelevant evidence\u201d in relation to an offence, means anything that may be\nadmissible in evidence at a trial for the offence;\n\u201csenior officer\u201d, when used in relation to any act done or thing suffered by a\npolice officer, means a police officer senior in rank to the police officer doing\nthe act or suffering the thing;\n\u201cService\u201d means the Royal Cayman Islands Police Service referred to in\nsection 3;\n\u201cspecial constable\u201d means a member of the Special Constabulary referred to in\nPart IX;\n\u201cstanding orders\u201d means standing orders made by the Commissioner under\nsection 6(1)(b);\n\u201ctraffic\u201d includes animals in the charge or under the control of any person,\npedestrians and vehicles in or on any public thoroughfare and whether in motion\nor not;\n\u201cuniform services\u201d means the Royal Cayman Islands Police Service,\nImmigration Department, Customs Department, Fire Service or Prison Service;\nand\n\u201cWelfare Fund\u201d means the Police Welfare Fund referred to in section 91.\nPart II - Constitution and Administration\n3.\nPrevious Force continued\n3.\nThe Royal Cayman Islands Police Force shall continue in being subject to this Act\nand shall be called the Royal Cayman Islands Police Service.\n4.\nConstitution\n4.\nThe Service shall continue to consist of a Commissioner of Police and such other\nranks as the Governor may prescribe.\n5.\nFunctions of the Service\n5.\n(1) The Service shall be employed in the Islands for the maintenance and\nenforcement of law and order, the preservation of the peace, the protection of\nlife and property, the prevention and detection of crime and the apprehension of\noffenders, and shall be entitled in the performance of its duties to carry arms.\n(2) Notwithstanding the generality of subsection (1), arms shall not be carried\nexcept with the authority of the Commissioner given under and in accordance\nwith the general or special directions of the Governor.\n\nSection 6\nPolice Act (2021 Revision)\n\nPage 12\nRevised as at 31st December, 2020\nc\n\n6.\nGeneral powers of Commissioner\n6.\n(1) The Commissioner shall have the command, superintendence and direction of\nthe Service and may \u2014\n(a) subject to section 8, make such appointments and promotions in respect of\npolice officers as the Commissioner may see fit;\n(b) make standing orders for the general government of police officers in\nrelation to their enlistment, discharge, training, arms, clothing, equipment\nand other appointments, and particular services as well as their distribution\nand inspection, and such other orders as the Commissioner may deem\nexpedient for preventing neglect and for promoting efficiency and\ndiscipline; and\n(c) make such rules of practice and procedure for the efficient operation of\nthis Act as the Commissioner may see fit.\n(2) The Commissioner may, in writing, delegate the Commissioner\u2019s powers to any\nofficer of the rank of Chief Inspector or above.\n(3) Notwithstanding the generality of subsection (2), the Commissioner shall not\ndelegate the Commissioner\u2019s power to hear any appeal relating to an offence\nagainst discipline or to impose upon a police officer any punishment which\nincludes reduction in rank or discharge.\n7.\nAdministration of the Service\n7.\n(1) The administration of the Service throughout the Islands is vested in the\nCommissioner.\n(2) Subject to subsection (1), the control of the police in any place shall be vested\nin such police officer as may be appointed by the Commissioner to be in charge\nthereof.\nPart III - Appointments, Enlistments, Service and Discharge\n8.\nAppointments, etc.\n8.\n(1) The Commissioner shall be appointed by the Governor, to hold office at the\nGovernor\u2019s pleasure and be disciplined, discharged, retired early or otherwise\ndealt with subject to such other terms and conditions as are provided by this Act,\nthe regulations and standing orders.\n(2) Police officers \u2014\n(a) of the rank of Deputy Commissioner and Assistant Commissioner shall be\nappointed by the Governor, after consultation with the Commissioner, to\nhold office at the Governor\u2019s pleasure and be disciplined, discharged,\n\nPolice Act (2021 Revision)\nSection 9\n\nc\nRevised as at 31st December, 2020\nPage 13\n\nretired early or otherwise dealt with subject to such other terms and\nconditions as are provided by this Act, the regulations and standing orders;\n(b) other than those specified in paragraph (a), shall be appointed by the\nCommissioner to hold office at the Commissioner\u2019s pleasure and be\ndisciplined, discharged, retired early or otherwise dealt with subject to\nsuch other terms and conditions as are provided by this Act, the regulations\nand standing orders.\n(3) For the avoidance of doubt, it is declared that staff who are to work with the\nService but who are not to be police officers shall be appointed by the relevant\nchief officer in accordance with the Public Service Management Act (2018\nRevision).\n9.\nEnlistments\n9.\nConstables shall be enlisted in the Service for a period of two years on probation and\nshall, on concluding such probationary period to the satisfaction of the Commissioner,\nbe confirmed by the Commissioner in their appointments.\n10.\nDeclaration and other requirements on enlistment\n10. (1) Every police officer shall, on joining the Service or before entering on the duties\nof that police officer\u2019s office, make before a senior officer a declaration on oath\nor affirmation in the form prescribed in Schedule 1.\n(2) Every police officer required to make a declaration under subsection (1) shall,\non joining the Service and before making such declaration, answer truthfully\nany question which may be put to that police officer as to that police officer\u2019s\nprevious service in any of Her Majesty\u2019s Forces or any police force and as to\nwhether that police officer has ever been convicted of any offence.\n(3) A person who wilfully makes a false statement in reply to any question put to\nthat person under subsection (2) commits an offence and is liable on summary\nconviction to a fine of three thousand dollars or to imprisonment for one year,\nor to both.\n(4) Every police officer shall, on joining the Service or before entering on the duties\nof that police officer\u2019s office, have \u2014\n(a) that police officer\u2019s fingerprints taken and recorded on the form prescribed\nin Schedule 2; and\n(b) such other sample, whether intimate or not, taken.\n11.\nIdentity card\n11. An identity card in the form prescribed in Schedule 1 signed by the Commissioner or\na senior officer authorised by the Commissioner in that behalf, shall be issued to every\npolice officer and shall be evidence of that police officer\u2019s appointment.\n\nSection 12\nPolice Act (2021 Revision)\n\nPage 14\nRevised as at 31st December, 2020\nc\n\n12.\nLiability to serve\n12. Police officers when ordered so to do by a senior officer are bound to proceed to and\nserve at any place in the Islands or on board any vessel or aircraft in the service of the\nGovernment.\n13.\nPolice officers not to engage in other employment or in political activities\n13. A police officer shall not \u2014\n(a) engage in any trade, business, employment or office whatsoever, or take\npart in any commercial undertaking outside the scope of that police\nofficer\u2019s duties under this Act, except with the written authority of the\nCommissioner; or\n(b) take any part in any political organisation or electoral campaign within or\nwithout the Islands or engage in any other activity which might tend to\ninterfere with the impartial discharge of that police officer\u2019s duties.\n14.\nPolice Association continued\n14. (1) The Police Association shall continue in being, and its purpose shall be to enable\npolice officers to consider and bring to the notice of the Government any matter\naffecting their welfare and efficiency other than questions of discipline and\npromotion; and the Association shall be entirely independent of, and\nunassociated with, any body or person outside the Service, and shall be deemed\nnot to be a trade union within the meaning of the Trade Union Act (2019\nRevision).\n(2) Subject to subsection (1), a police officer shall not become a member of any\ntrade union, or of any association the object or one of the objects of which is to\ncontrol or influence the pay, pensions or conditions of service of any police\nservice or body or of the public service of the Islands or of any association with\npolitical objects; and a police officer who contravenes this provision commits\nan offence and is liable on summary conviction to a fine of three thousand\ndollars or to imprisonment for one year or to both.\n(3) Any question whether a body is a trade union or association to which\nsubsection (2) applies shall be determined by the Governor and such\ndetermination shall be final and conclusive and shall not be questioned in any\ncourt or other proceedings whatsoever.\n15.\nResignations\n15. (1) A police officer may resign from the Service at any time giving to the\nCommissioner in writing not less than three months\u2019 notice of that police\nofficer\u2019s intention so to do.\n(2) Notwithstanding the provisions of subsection (1), the Commissioner may, in\nany particular case, waive or curtail the period of notice.\n\nPolice Act (2021 Revision)\nSection 16\n\nc\nRevised as at 31st December, 2020\nPage 15\n\n16.\nDischarge\n16. (1) Subject to subsection (3), the Commissioner may, at any time during the\nprobationary period referred to in section 9, discharge from the Service a\nconstable who has not been confirmed in that constable\u2019s appointment pursuant\nto section 9, if the Commissioner considers that the constable is unlikely to\nbecome an efficient police officer.\n(2) A police officer may at any time during the currency of that police officer\u2019s term\nof engagement \u2014\n(a) be discharged, when that police officer has \u2014\n(i)\nbeen pronounced by the C.M.O. to be physically or mentally unfit for\nfurther service; or\n(ii) in the opinion of the Commissioner, ceased to be efficient in the\ndischarge of that police officer\u2019s duties; or\n(b) be discharged if, in the opinion of the Commissioner, the retention of that\nperson\u2019s services would be contrary to the public interest.\n(3) A police officer shall not be discharged under this section unless the\nCommissioner has given that police officer one month\u2019s notice of the intention\nto discharge that police officer or, alternatively, one month\u2019s pay in lieu of such\nnotice.\n17.\nPolice officer ceasing to belong to the Service to hand over public property\nin that person\u2019s charge\n17. (1) A police officer ceasing to be a member of the Service shall forthwith deliver\nup to a person appointed by the Commissioner for that purpose or to the police\nofficer in charge at the place at which that police officer was last stationed, the\nidentity card issued to that police officer under section 11 and all arms,\nequipment, uniforms and other appointments which have been supplied to that\npolice officer which are the property of the Government.\n(2) An ex-police officer who, having ceased to belong to the Service, fails without\ngood cause to comply with subsection (1) commits an offence and is liable on\nsummary conviction to a fine of three thousand dollars or to imprisonment for\none year, and to pay the value of the property not delivered up, which value may\nbe ascertained by a summary court and recovered in the same manner as a fine\nor deducted in whole or in part from any credit due to the ex- police officer.\n18.\nStatus of police officers\n18. Police officers of equal rank shall have equal status subject to seniority.\n\nSection 19\nPolice Act (2021 Revision)\n\nPage 16\nRevised as at 31st December, 2020\nc\n\n19.\nPolice officers performing duties of higher rank\n19. (1) For the purpose of any provision of this Act or any other Law under which a\npower in respect of the investigation of offences or the treatment of persons in\npolice custody is exercisable only by or with the authority of a police officer of\nat least the rank of Superintendent, a police officer of the rank of Chief Inspector\nshall be treated as holding the rank of Superintendent if \u2014\n(a) that police officer has been authorised by an officer holding a rank above\nthe rank of Superintendent to exercise the power or, as the case may be, to\ngive that police officer\u2019s authority for its exercise; or\n(b) that police officer is acting during the absence of a police officer holding\nthe rank of Superintendent who has authorised that police officer, for the\nduration of that absence, to exercise the power or, as the case may be, to\ngive that police officer\u2019s authority for its exercise.\n(2) For the purpose of any provision of this Act or any other Law under which such\na power is exercisable only by or with the authority of a police officer of at least\nthe rank of Inspector, a police officer of the rank of Sergeant shall be treated as\nholding the rank of Inspector if that police officer has been authorised by a\npolice officer of at least the rank of Superintendent to exercise the power or, as\nthe case may be, to give that police officer\u2019s authority for its exercise.\n20.\nSpecial contracts of enlistment\n20. Notwithstanding the provisions of this Part, the Commissioner may enlist such police\nofficers from outside the Islands upon such contractual terms as may to the\nCommissioner appear necessary.\n21.\nRetirement and pensions\n21. (1) A police officer who has attained the age of sixty-five years, shall be retired\nwithout prejudice and may, in special circumstances and for such temporary\nperiods, be accepted for such service as may be fixed by contract; however, a\npolice officer of the rank of Inspector or below who has attained the age of sixty\nyears, shall be retired without prejudice unless the officer successfully\ncompletes a fitness and medical test immediately prior to attaining that age.\n(2) A police officer who has served for thirty years in the Service may retire without\nprejudice and may, in special circumstances and for such temporary periods, be\naccepted for such service as may be fixed by contract.\n(3) The Governor may \u2014\n(a) in the public interest;\n(b) on medical grounds; or\n(c) to improve the efficiency of the organisation,\n\nPolice Act (2021 Revision)\nSection 22\n\nc\nRevised as at 31st December, 2020\nPage 17\n\ncall upon the Commissioner, Deputy Commissioner or Assistant Commissioner\nto retire on pension.\n(4) The Commissioner may \u2014\n(a) in the public interest;\n(b) on medical grounds; or\n(c) to improve the efficiency of the organisation,\ncall upon any police officer, other than a police officer referred to in\nsubsection (3), to retire on pension.\n(5) The police officer called upon in subsection (3) or (4) may retire.\n(6) The Public Service Pensions Act (2021Revision) shall, subject to this Act, apply\nto all police officers except a police officer employed upon contractual terms\napplicable to that police officer which provide for or specifically exclude\npension rights.\n(7) The provisions of this section shall not apply to a police officer appointed prior\nto 15th July, 2016, unless the police officer elects to have those provisions\napply; and if the police officer does not so elect, on and after that date, the\nprovisions of section 20 of the repealed Police Law (2006 Revision) shall\ncontinue to apply to that police officer as if this section had not come into force.\n22.\nMedical privileges\n22. (1) Police officers, their spouses or civil partners and any children of the family are\nentitled to the same medical, dental and optical treatment benefits as may be\napplicable to the public service from time to time.\n(2) In this section and section 23 \u2014\n\u201cchildren of the family\u201d includes any child who is the child, adopted or\notherwise, of either party of a marriage or civil partnership or who has been\nbrought up in the matrimonial home of such parties as a member of their family\nand is \u2014\n(a) under the age of eighteen years, unmarried or not in a civil partnership and\ndoes not earn a living wage; or\n(b) over the age eighteen but under twenty-three years of age, unmarried or\nnot in a civil partnership and in full time education at a university or other\ntertiary education institution.\n23.\nSpecial pensions in the event of death or incapacity attributable to\nperformance of duty\n23. (1) Where a police officer in \u2014\n(a) the actual discharge of that police officer\u2019s duty and without that police\nofficer\u2019s own default; or\n\nSection 24\nPolice Act (2021 Revision)\n\nPage 18\nRevised as at 31st December, 2020\nc\n\n(b) circumstances specifically attributable to the nature of that police officer\u2019s\nduty in the Service,\nsustains an injury and dies within seven years as a result of that injury, it shall\nbe lawful for the Governor in the Governor\u2019s discretion to grant out of funds\nmade available by the Cayman Islands Parliament to the police officer\u2019s spouse\nor civil partner and to such of the children of the family such pension, in addition\nto any pension due under the Public Service Pensions Act (2021 Revision), not\nexceeding two-thirds of the deceased police officer\u2019s salary at the time of that\npolice officer\u2019s death, as the Governor may determine, such pension to be paid\nto, or on account of the spouse or civil partner and children, in such proportions\nas the Governor shall, from time to time, decide.\n(2) Where a police officer is permanently incapacitated as a result of injuries\nreceived in the circumstances set forth in subsection (1), it shall be lawful for\nthe Governor, in the Governor\u2019s discretion, to grant to the police officer, having\nregard to the degree of that police officer\u2019s permanent incapacity such pension\nin addition to any pension due under the Public Service Pensions Act (2021\nRevision) not exceeding seventy-five per cent of that police officer\u2019s salary at\nthe time of that police officer\u2019s becoming incapacitated as the Governor shall\ndecide.\n24.\nPolice officers\u2019 funeral expenses\n24. When a police officer dies during the course of that police officer\u2019s service that police\nofficer\u2019s funeral expenses shall be paid out of public funds.\nPart IV - Powers, Duties and Privileges of Police Officers\n25.\nGeneral powers\n25. (1) Police officers shall exercise such powers and perform such duties as are by law\nconferred or imposed upon them, and shall obey all lawful directions in respect\nof the execution of their office which they may from time to time receive from\npolice officers of a senior rank or service in equivalent rank.\n(2) Police officers shall be deemed to be on duty at all times.\n(3) It is the duty of police officers \u2014\n(a) promptly to obey and execute all orders and warrants lawfully issued to\nthem by any competent authority;\n(b) to collect and communicate intelligence affecting the public peace;\n(c) to prevent the commission of offences and public nuisances;\n(d) to detect and bring offenders to justice; and\n\nPolice Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 19\n\n(e) to apprehend all persons whom they are legally authorised to apprehend or\nfor whose apprehension sufficient ground exists.\n(4) A police officer may arrest without warrant any person who commits or attempts\nto commit an arrestable offence in that police officer\u2019s view or whom that police\nofficer reasonably suspects to have committed an arrestable offence.\n(5) Any legal process, lawfully issued, may be served by a police officer between\nthe hours of seven o\u2019clock in the morning and seven o\u2019clock in the evening.\n(6) Where a police officer has reasonable cause to believe that a person is evading\nservice, that police officer may serve such process on such person at any time.\n(7) Notwithstanding any provision of this or any other Law, the service of process\nmay be proved by endorsement by the police officer on the original or copy\nthereof of the fact, place and date of such service.\n(8) Any person who wilfully and corruptly endorses any false statement on an\noriginal or copy of a legal process commits an offence and is liable on summary\nconviction to a fine of three thousand dollars or to imprisonment for one year or\nto both.\n26.\nPower of police officer to lay and exhibit complaints, etc.\n26. Police officers may exhibit complaints or charges before Justices of the Peace and\napply for such summonses, warrants, search warrants or other process as may\nlawfully be issued and may conduct prosecutions in the summary court.\n27.\nPolice officers not liable for acts done under warrant\n27. (1) Where in any suit instituted against a police officer that police officer\u2019s defence\nis that the act complained of was done in obedience to a warrant purporting to\nbe issued by a Judge, Magistrate or Justice of the Peace, the court shall, upon\nproduction of the warrant containing the signature of the Judge, Magistrate or\nJustice of the Peace and upon proof that the act complained of was done in\nobedience to such warrant, enter judgment in favour of such police officer.\n(2) The proof of the signature of the Judge, Magistrate or Justice of the Peace shall\nnot be required unless the court has reason to doubt the genuineness thereof; and\nwhere it shall be proved that such signature is not genuine, judgment shall\nnevertheless be given in favour of the police officer if it is proved that, at the\ntime when the act complained of was committed, the police officer believed on\nreasonable grounds that such signature was genuine.\n28.\nPower to inspect licences or permits\n28. (1) It shall be lawful for any police officer to stop and detain any person whom that\npolice officer sees doing any act for which a licence or permit is required under\nany Law and to require such person to produce that person\u2019s licence or permit.\n\nSection 29\nPolice Act (2021 Revision)\n\nPage 20\nRevised as at 31st December, 2020\nc\n\n(2) Any person who fails to produce such licence or permit when called upon by a\npolice officer so to do may be arrested without a warrant unless the person gives\nthat person\u2019s name and address and otherwise satisfies the police officer that\nthat person will duly answer any summons or other proceedings which may be\ntaken against that person.\n29.\nDuty to keep order in public places\n29. (1) It is a duty of the Service \u2014\n(a) to regulate and control traffic;\n(b) to divert all or any particular kind of traffic, when it is in the public interest\nso to do;\n(c) to keep order on public roads, streets, thoroughfares and landing places,\nand at other places of public resort or places to which the public have\naccess; and\n(d) to prevent obstruction on the occasions of assemblies and processions on\nthe public roads and streets, and in any case when any public road, street,\nthoroughfare or landing place may be thronged or may be liable to be\nobstructed.\n(2) A person who opposes or disobeys any lawful order given by a police officer in\nthe performance of that police officer\u2019s duty under this section commits an\noffence and is liable on summary conviction to a fine of three thousand dollars\nor to imprisonment for one year or to both, and may be arrested without a\nwarrant and the cause of any obstruction shall be removed or caused to be\nremoved by the police officer to the police pound pursuant to the provisions of\nthe Traffic Act (2021 Revision).\n30.\nPower to require names and addresses\n30. A person who having been asked by a police officer in the execution of that police\nofficer\u2019s duty to give that person\u2019s name and address refuses so to do or gives a false\nname or address commits an offence and is liable on summary conviction to a fine of\nthree thousand dollars or to imprisonment for one year or to both.\n31.\nPower to record identification\n31. (1) Subject to sections 34, 35, 36, 37 and 38, a police officer may cause to be taken,\nfor use and record in the registry of the Service, photographs, descriptions,\nmeasurements, fingerprints, palmprints, footprints or other physical specimens\nof any person in lawful custody for any offence, whether such person has been\nconvicted of such offence or not.\n(2) Where a person who is in lawful custody refuses to submit to the taking of any\nof the means of identification authorised to be taken under subsection (1), that\nperson commits an offence and is liable on summary conviction to a fine of three\n\nPolice Act (2021 Revision)\nSection 32\n\nc\nRevised as at 31st December, 2020\nPage 21\n\nthousand dollars or to imprisonment for one year, or to both and after conviction,\nreasonable force may be used to take such means of identification.\n32.\nElimination identification evidence\n32. (1) A police officer may take the photographs, descriptions, measurements,\nfingerprints, palmprints, footprints or other physical specimens of any persons\nwho have been present at the scene of a crime for purposes of elimination only\nand subject to such conditions as may be prescribed.\n(2) Any fingerprints, palmprints or footprints taken pursuant to the provisions of\nthis section shall be recorded on the form specified in Schedule 2.\n(3) Where a person refuses to submit to the taking of any means of identification\nauthorised to be taken under subsection (1), that person commits an offence and\nis liable on summary conviction to a fine of three thousand dollars or to\nimprisonment for one year or to both and upon such conviction a police officer\nmay use reasonable force to take such means of identification.\n33.\nDestruction of records of identification\n33. (1) Subject to subsection (4), on the acquittal of any person whose photographs,\ndescriptions, measurements, fingerprints, palmprints, footprints or other\nphysical specimens have been taken pursuant to this Part, such photographs,\ndescriptions, measurements, fingerprints, palmprints, footprints or physical\nspecimens shall be destroyed or handed over to that person at that person\u2019s\noption.\n(2) Where a person\u2019s photographs, descriptions, measurements, fingerprints,\npalmprints, footprints or other physical specimens have been taken pursuant to\nthis Part, and that person \u2014\n(a) is not charged; or\n(b) is charged, but the prosecution does not proceed with the charge or the\nproceedings are discontinued,\nsuch photographs, descriptions, measurements, fingerprints, palmprints,\nfootprints or other physical specimens shall be destroyed or handed over to that\nperson at that person\u2019s option.\n(3) Where a person\u2019s photographs, descriptions, measurements, fingerprints,\npalmprints, footprints or other physical specimens are to be destroyed the person\nor that person\u2019s legal representative shall \u2014\n(a) be given prior notice of the date, time and location of such destruction; and\n(b) be issued with a certificate of destruction attesting to same.\n(4) Where the Commissioner is of the opinion that any photographs, descriptions,\nmeasurements, fingerprints, palmprints, footprints or other physical specimens\n\nSection 34\nPolice Act (2021 Revision)\n\nPage 22\nRevised as at 31st December, 2020\nc\n\nof any person taken pursuant to this Part should not be destroyed or handed over,\nthe Commissioner shall \u2014\n(a) upon the acquittal; or\n(b) upon an application under subsection (1) or (2),\nmake an application to the court before which the person was acquitted, or where\nthey were not brought before any court, the Grand Court, for the retention of\nany such photographs, descriptions, measurements, fingerprints, palmprints,\nfootprints or other physical specimens.\n(5) An application under subsection (4) may be made where the Commissioner has\nreasonable grounds to suspect that the person has been involved in the\ncommission of another offence for which that person has not been charged.\n34.\nFingerprints\n34. (1) Except as provided by this section, a person\u2019s fingerprints may not be taken\nwithout the appropriate consent.\n(2) Consent to the taking of a person\u2019s fingerprints shall be in writing if it is given\nat a time when that person is at a police station.\n(3) The fingerprints of a person detained at a police station may be taken without\nthe appropriate consent if \u2014\n(a) that person is detained in consequence of that person\u2019s arrest for an\narrestable offence;\n(b) that person has been charged with an arrestable offence or informed that\nthat person will be reported for such an offence; and\n(c) that person has not had that person\u2019s fingerprints taken in the course of the\ninvestigation of the offence by the police.\n(4) Where a person mentioned in subsection (3) has already had that person\u2019s\nfingerprints taken in the course of the investigation of the offence by the police,\nthat fact shall be disregarded for the purposes of that subsection if \u2014\n(a) the fingerprints taken on the previous occasion do not constitute a\ncomplete set of that person\u2019s fingerprints; or\n(b) some or all of the fingerprints taken on the previous occasion are not of\nsufficient quality to allow satisfactory analysis, comparison or matching,\nwhether in the case in question or generally.\n(5) The fingerprints of a person who has answered to bail at a court or police station\nmay be taken without the appropriate consent at the court or station if \u2014\n(a) the court; or\n(b) as the case may be, a police officer of at least the rank of Inspector,\nauthorises them to be taken.\n\nPolice Act (2021 Revision)\nSection 34\n\nc\nRevised as at 31st December, 2020\nPage 23\n\n(6) A court or police officer may only give an authorisation under\nsubsection (5) if \u2014\n(a) the person who has answered to bail has answered to it for a person whose\nfingerprints were taken on a previous occasion and there are reasonable\ngrounds for believing that that person is not the same person; or\n(b) the person who has answered to bail claims to be a different person from\na person whose fingerprints were taken on a previous occasion.\n(7) A police officer may give an authorisation under subsection (5), orally or in\nwriting but, if the police officer gives it orally, that police officer shall confirm\nit in writing as soon as is practicable.\n(8) A person\u2019s fingerprints may be taken without the appropriate consent if \u2014\n(a) that person has been convicted of an arrestable offence; or\n(b) that person has been given a caution in respect of an arrestable offence\nwhich, at the time of the caution, that person has admitted.\n(9) A police officer may take a person\u2019s fingerprints without the appropriate consent\nif the police officer reasonably suspects that the person is committing or\nattempting to commit an offence, or has committed or attempted to commit an\noffence and \u2014\n(a) the name of the person is unknown to, and cannot be readily ascertained\nby, the police officer; or\n(b) the police officer has reasonable grounds for doubting whether a name\nfurnished by the person as that person\u2019s name is that person\u2019s real name.\n(10) The taking of fingerprints by virtue of subsection (9) does not count for any of\nthe purposes of this Act as taking them in the course of the investigation of an\noffence by the police.\n(11) In a case where by virtue of subsection (3), (5), (8) or (9) a person\u2019s fingerprints\nare taken without the appropriate consent \u2014\n(a) that person shall be told the reason before that person\u2019s fingerprints are\ntaken; and\n(b) the reason shall be recorded as soon as is practicable after the fingerprints\nare taken.\n(12) If a person\u2019s fingerprints are taken at a police station, or by virtue of\nsubsection (9) at a place other than a police station, whether with or without the\nappropriate consent \u2014\n(a) before the fingerprints are taken, a police officer shall inform that person\nthat the fingerprints may be the subject of a random search; and\n(b) the fact that the person has been informed of this possibility shall be\nrecorded by the police officer as soon as is practicable after the fingerprints\nhave been taken.\n\nSection 35\nPolice Act (2021 Revision)\n\nPage 24\nRevised as at 31st December, 2020\nc\n\n(13) If a person is detained at a police station when that person\u2019s fingerprints are\ntaken, the reason for taking them and, in the case falling within subsection (12),\nthe fact referred to in paragraph (b) of that subsection shall be recorded on that\nperson\u2019s custody record.\n(14) The power to take the fingerprints of a person detained at a police station without\nthe appropriate consent \u2014\n(a) shall be exercisable by any police officer; and\n(b) may be exercised with reasonable force.\n(15) Any fingerprints taken pursuant to the provisions of this section shall be\nrecorded on the form specified in Schedule 2.\n(16) Where fingerprints are taken electronically from a person, they shall be taken\nonly in such manner, and using such devices, approved from time to time by the\nCommissioner in writing and published by Order in the Gazette.\n(17) Where fingerprints have been taken contrary to the procedure prescribed in this\nsection, the failure to follow the prescribed procedure shall not render the\nfingerprint evidence inadmissible in any legal proceedings.\n(18) In this section and section 39, \u201cfingerprints\u201d includes a palm print.\n(19) Nothing in this section applies to any person \u2014\n(a) arrested or detained under the Terrorism Act (2018 Revision); or\n(b) arrested under an extradition arrest power.\n35.\nFootprints and impressions of footwear\n35. (1) Except as provided by this section, a person\u2019s footprint or impression of that\nperson\u2019s footwear may not be taken without the appropriate consent.\n(2) Consent to the taking of a person\u2019s footprint or an impression of that person\u2019s\nfootwear shall be in writing if it is given at a time when that person is at a police\nstation.\n(3) Where a person is detained at a police station, that person\u2019s footprint or an\nimpression of that person\u2019s footwear may be taken without the appropriate\nconsent if \u2014\n(a) that person is detained in consequence of that person\u2019s arrest for an\narrestable offence, or has been charged with an arrestable offence, or\ninformed that that person will be reported for an arrestable offence; and\n(b) that person has not had that person\u2019s footprint or an impression taken of\nthat person\u2019s footwear in the course of the investigation of the offence by\nthe police.\n(4) Where a person mentioned in subsection (3)(a) has already had that person\u2019s\nfootprint or an impression of that person\u2019s footwear taken in the course of the\ninvestigation of the offence by the police, that fact shall be disregarded for the\n\nPolice Act (2021 Revision)\nSection 36\n\nc\nRevised as at 31st December, 2020\nPage 25\n\npurposes of that subsection if the footprint or impression of that person\u2019s\nfootwear taken previously is \u2014\n(a) incomplete; or\n(b) is not of sufficient quality to allow satisfactory analysis, comparison or\nmatching, whether in the case in question or generally.\n(5) If a footprint or an impression of a person\u2019s footwear is taken at a police station,\nwhether with or without the appropriate consent \u2014\n(a) before it is taken, a police officer shall inform that person that it may be\nthe subject of a random search; and\n(b) the fact that the person has been informed of this possibility shall be\nrecorded by the police officer as soon as is practicable after the impression\nhas been taken, and if that person is detained at a police station, the record\nshall be made on that person\u2019s custody record.\n(6) In a case where, by virtue of subsection (3), a person\u2019s footprint or an impression\nof that person\u2019s footwear is taken without the appropriate consent \u2014\n(a) that person shall be told the reason before it is taken; and\n(b) the reason shall be recorded on that person\u2019s custody record as soon as is\npracticable after the impression is taken.\n(7) The power to take a footprint or an impression of the footwear of a person\ndetained at a police station without the appropriate consent \u2014\n(a) shall be exercisable by any police officer; and\n(b) may be exercised with reasonable force.\n(8) Any footprint taken pursuant to the provisions of this section shall be recorded\non the form specified in Schedule 2.\n(9) Where any footprints or impression of footwear have been taken contrary to the\nprocedure prescribed in this section, the failure to follow the prescribed\nprocedure shall not render the footprint or impression of footwear evidence\ninadmissible in any legal proceedings.\n(10) Nothing in this section applies to any person \u2014\n(a) arrested or detained under the Terrorism Act (2018 Revision); or\n(b) arrested under an extradition arrest power.\n36.\nIntimate samples\n36. (1) Subject to section 40, an intimate sample may be taken from a person in police\ndetention only \u2014\n(a) if a police officer of at least the rank of Inspector authorises it to be taken;\nand\n(b) if the appropriate consent is given.\n\nSection 36\nPolice Act (2021 Revision)\n\nPage 26\nRevised as at 31st December, 2020\nc\n\n(2) An intimate sample may be taken from a person who is not in police detention\nbut from whom, in the course of the investigation of an offence, two or more\nnon-intimate samples suitable for the same means of analysis have been taken\nwhich have proved insufficient \u2014\n(a) if a police officer of at least the rank of Inspector authorises it to be taken;\nand\n(b) if the appropriate consent is given.\n(3) A police officer may only give an authorisation under subsection (1) or (2) if\nthat police officer has reasonable grounds \u2014\n(a) for suspecting the involvement of the person from whom the sample is to\nbe taken in an arrestable offence; and\n(b) for believing that the sample will tend to confirm or disprove that person\u2019s\ninvolvement.\n(4) A police officer may give an authorisation under subsection (1) or (2) orally or\nin writing but, if the police officer gives it orally, that police officer shall confirm\nit in writing as soon as is practicable.\n(5) The appropriate consent shall be given in writing.\n(6) Where \u2014\n(a) an authorisation has been given; and\n(b) it is proposed that an intimate sample shall be taken in pursuance of the\nauthorisation,\na police officer shall inform the person from whom the sample is to be taken \u2014\n(i)\nof the giving of the authorisation; and\n(ii) of the grounds for giving it.\n(7) The duty imposed by subsection (6)(ii) includes a duty to state the nature of the\noffence in which it is suspected that the person from whom the sample is to be\ntaken has been involved.\n(8) If an intimate sample is taken from a person \u2014\n(a) the authorisation by virtue of which it was taken;\n(b) the grounds for giving the authorisation; and\n(c) the fact that the appropriate consent was given,\nshall be recorded by a police officer as soon as is practicable after the sample is\ntaken.\n(9) If an intimate sample is taken from a person at a police station \u2014\n(a) before the sample is taken, a police officer shall inform that person that it\nmay be the subject of a random search; and\n\nPolice Act (2021 Revision)\nSection 37\n\nc\nRevised as at 31st December, 2020\nPage 27\n\n(b) the fact that the person has been informed of this possibility shall be\nrecorded by a police officer as soon as practicable after the sample has\nbeen taken.\n(10) If an intimate sample is taken from a person detained at a police station, the\nmatters required to be recorded by subsection (8) or (9) shall be recorded in that\nperson\u2019s custody record.\n(11) In the case of an intimate sample which is a dental impression, the sample may\nbe taken from a person only by a registered dentist.\n(12) In the case of any other form of intimate sample, except in the case of a sample\nof urine or buccal swab, the sample may be taken from a person only by \u2014\n(a) a registered medical doctor; or\n(b) a registered nurse.\n(13) Where the appropriate consent to the taking of an intimate sample from a person\nwas refused without good cause, in any proceedings against that person for an\noffence \u2014\n(a) the court, in determining \u2014\n(i)\nwhether to commit that person for trial; or\n(ii) whether there is a case to answer;\n(b) a Judge, in deciding whether to grant an application made by the accused\nfor dismissal of a charge; or\n(c) the court or jury, in determining whether that person is guilty of the offence\ncharged,\nmay draw such inferences from the refusal as appear reasonable.\n(14) Where any intimate samples have been taken contrary to the procedure\nprescribed in this section, the failure to follow the prescribed procedure shall\nnot render the intimate sample evidence inadmissible in any legal proceedings.\n(15) Nothing in this section applies to the taking of a specimen for the purposes of\nany of the provisions of sections 82 to 88 of the Traffic Act (2021 Revision).\n(16) Nothing in this section applies to a person arrested or detained under the\nTerrorism Act (2018 Revision).\n37.\nOther samples\n37. (1) Except as provided by this section, a non-intimate sample may not be taken from\na person without the appropriate consent.\n(2) Where a person gives consent to the taking of a non-intimate sample, that\nconsent shall be in writing.\n(3) A non-intimate sample may be taken from a person, without the appropriate\nconsent \u2014\n\nSection 37\nPolice Act (2021 Revision)\n\nPage 28\nRevised as at 31st December, 2020\nc\n\n(a) if \u2014\n(i)\nthat person is being held in custody by the police on the authority of\na court; and\n(ii) a police officer of at least the rank of Inspector authorises it to be\ntaken without the appropriate consent; or\n(b) where the following conditions are satisfied \u2014\n(i)\nthe person is in police detention in consequence of that person\u2019s\narrest for an arrestable offence; and\n(ii) either that person has not had a non-intimate sample of the same type\nand from the same part of the body taken in the course of the\ninvestigation of the offence by the police, or that person has had such\na sample taken but it proved insufficient.\n(4) A non-intimate sample may be taken from a person, whether or not that person\nis in police detention or held in custody by the police on the authority of a court,\nwithout the appropriate consent if \u2014\n(a) that person has been charged with an arrestable offence or informed that\nthat person will be reported for such an offence; and\n(b) either the person has not had a non-intimate sample taken from that person\nin the course of the investigation of the offence by the police or the person\nhas had a non-intimate sample taken from that person but either it was not\nsuitable for the same means of analysis or, though so suitable, the sample\nproved insufficient.\n(5) A non-intimate sample may be taken from a person without the appropriate\nconsent if that person has been convicted of an arrestable offence.\n(6) A non-intimate sample may also be taken from a person without the appropriate\nconsent if that person is a person to whom section 159 of the Criminal\nProcedure Code (2021 Revision) applies.\n(7) A police officer may only give an authorisation under subsection (3)(a) if the\npolice officer has reasonable grounds \u2014\n(a) for suspecting the involvement of the person from whom the sample is to\nbe taken in an arrestable offence; and\n(b) for believing that the sample will tend to confirm or disprove that person\u2019s\ninvolvement.\n(8) A police officer may give an authorisation under subsection (3)(a) orally or in\nwriting but, if the police officer gives it orally, that police officer shall confirm\nit in writing as soon as is practicable.\n(9) A police officer shall not give an authorisation under subsection (3)(a) for the\ntaking from any person of a non-intimate sample consisting of a skin impression\nif \u2014\n\nPolice Act (2021 Revision)\nSection 37\n\nc\nRevised as at 31st December, 2020\nPage 29\n\n(a) a skin impression of the same part of the body has already been taken from\nthat person in the course of the investigation of the offence; and\n(b) the impression previously taken is not one that has proved insufficient.\n(10) Where \u2014\n(a) an authorisation has been given; and\n(b) it is proposed that a non-intimate sample shall be taken in pursuance of the\nauthorisation,\na police officer shall inform the person from whom the sample is to be taken \u2014\n(i)\nof the giving of the authorisation; and\n(ii) of the grounds for giving it.\n(11) The duty imposed by subsection (10)(ii) includes a duty to state the nature of\nthe offence in which it is suspected that the person from whom the sample is to\nbe taken has been involved.\n(12) If a non-intimate sample is taken from a person by virtue of subsection (3) \u2014\n(a) the authorisation by virtue of which it was taken; and\n(b) the grounds for giving the authorisation,\nshall be recorded by a police officer as soon as is practicable after the sample is\ntaken.\n(13) In a case where by virtue of subsection (3), (4), (5) or (6) a sample is taken from\na person without the appropriate consent \u2014\n(a) that person shall be told the reason before the sample is taken; and\n(b) the reason shall be recorded by a police officer as soon as practicable after\nthe sample is taken.\n(14) If a non-intimate sample is taken from a person at a police station, whether with\nor without the appropriate consent \u2014\n(a) before the sample is taken, a police officer shall inform that person that it\nmay be the subject of a random search; and\n(b) the fact that the person has been informed of this possibility shall be\nrecorded by a police officer as soon as practicable after the sample has\nbeen taken.\n(15) If a non-intimate sample is taken from a person detained at a police station, the\nmatters required to be recorded by subsection (12), (13) or (14) shall be\nrecorded in that person\u2019s custody record.\n(16) The power to take a non-intimate sample from a person without the appropriate\nconsent \u2014\n(a) shall be exercisable by any police officer; and\n(b) may be exercised with reasonable force.\n\nSection 38\nPolice Act (2021 Revision)\n\nPage 30\nRevised as at 31st December, 2020\nc\n\n(17) Where a non-intimate sample consisting of a skin impression is taken\nelectronically from a person, it shall be taken only in such manner, and using\nsuch devices, approved from time to time by the Commissioner in writing and\npublished by Order in the Gazette.\n(18) Where any non-intimate samples have been taken contrary to the procedure\nprescribed in this section, the failure to follow the prescribed procedure shall\nnot render the non-intimate sample evidence inadmissible in any legal\nproceedings.\n(19) Nothing in this section applies to any person \u2014\n(a) arrested or detained under the Terrorism Act (2018 Revision); or\n(b) arrested under an extradition arrest power.\n38.\nPhotographs\n38. (1) A person who is detained at a police station may be photographed \u2014\n(a) with the appropriate consent; or\n(b) if the appropriate consent is withheld or it is not practicable to obtain it,\nwithout it.\n(2) A person who has been \u2014\n(a) arrested by a police officer for an offence; or\n(b) taken into custody by a police officer after being arrested for an offence by\na person other than a police officer,\nmay be photographed elsewhere than at a police station \u2014\n(i)\nwith the appropriate consent; or\n(ii) if the appropriate consent is withheld or it is not practicable to obtain\nit, without it.\n(3) A police officer proposing to take a photograph of any person under this\nsection \u2014\n(a) may, for the purpose of doing so, require the removal of any item or\nsubstance worn on or over the whole or any part of the head or face of the\nperson to be photographed; and\n(b) if the requirement is not complied with, may remove the item or substance\nthemselves.\n(4) Where a photograph may be taken under this section, the only persons entitled\nto take the photograph are police officers, and where the appropriate consent is\nnot given, the police officer may use reasonable force, to do so.\n(5) A photograph taken under this section \u2014\n\nPolice Act (2021 Revision)\nSection 39\n\nc\nRevised as at 31st December, 2020\nPage 31\n\n(a) may be used by, or disclosed to, any person for any purpose related to the\nprevention or detection of crime, the investigation of an offence or the\nconduct of a prosecution or to the enforcement of a sentence; and\n(b) after being so used or disclosed, may be retained but may not be used or\ndisclosed except for a purpose so related.\n(6) In subsection (5) \u2014\n(a) the reference to crime includes a reference to any conduct which \u2014\n(i)\nconstitutes one or more criminal offences whether under the laws of\nthe Islands or of a country or territory outside the Islands; or\n(ii) is, or corresponds to, any conduct which, if it all took place in any\npart of the Islands would constitute one or more criminal offences;\n(b) the references to an investigation and to a prosecution include references,\nrespectively, to any investigation outside the Islands of any crime or\nsuspected crime and to a prosecution brought in respect of any crime in a\ncountry or territory outside the Islands; and\n(c) \u201csentence\u201d includes any order made by a court in the Islands when dealing\nwith an offender in respect of that offender\u2019s offence.\n(7) References in this section and sections 31 and 32 to taking a photograph include\nreferences to using any process by means of which a visual image may be\nproduced; and references to photographing a person shall be construed\naccordingly.\n(8) In this section and sections 31 and 32, a \u201cphotograph\u201d includes a moving image,\nand corresponding expressions shall be construed accordingly.\n(9) Where any photograph has been taken contrary to the procedure prescribed in\nthis section, the failure to follow the prescribed procedure shall not render the\nphotographic evidence inadmissible in any legal proceedings.\n(10) Nothing in this section applies to a person arrested under an extradition arrest\npower.\n39.\nUse of fingerprints and other samples\n39. (1) Where a person has been arrested on suspicion of being involved in an arrestable\noffence or has been charged with such an offence or has been informed that that\nperson will be reported for such an offence, any fingerprints, footprints,\nimpressions of footwear or samples or the information derived from samples\ntaken under any power conferred by this Part from the person may be checked\nagainst \u2014\n(a) other fingerprints, footprints, impressions of footwear or samples to which\nthe person seeking to check has access and which are held by or on behalf\nof, any one or more relevant law-enforcement authorities or which are held\nin connection with or as a result of an investigation of an offence; or\n\nSection 39\nPolice Act (2021 Revision)\n\nPage 32\nRevised as at 31st December, 2020\nc\n\n(b) information derived from other samples if the information is contained in\nrecords to which the person seeking to check has access and which are held\nas mentioned in paragraph (a).\n(2) Fingerprints taken by virtue of section 34(9) may be checked against other\nfingerprints to which the person seeking to check has access and which are held\nby or on behalf of any one or more relevant law-enforcement authorities or\nwhich are held in connection with or as a result of an investigation of an offence.\n(3) In subsections (1) and (2) \u201crelevant law-enforcement authorities\u201d means \u2014\n(a) any police service within or outside of the Islands;\n(b) any person with functions in any country or territory outside the Islands\nwhich \u2014\n(i)\ncorrespond to those of a police force; or\n(ii) otherwise consist of or include the investigation of conduct contrary\nto the law of that country or territory, or the apprehension of persons\nguilty of such conduct; or\n(c) any person with functions under any international agreement which consist\nof or include the investigation of conduct which is \u2014\n(i)\nunlawful under the law of one or more places;\n(ii) prohibited by such an agreement; or\n(iii) contrary to international law,\nand, in addition, functions which consist of or include the apprehension of\npersons guilty of such conduct.\n(4) Where \u2014\n(a) fingerprints, footprints, impressions of footwear or samples have been\ntaken from any person in connection with the investigation of an offence\nother than in circumstances to which subsection (1) applies; and\n(b) that person has given that person\u2019s consent in writing to the use in a\nrandom search of the fingerprints, footprints, impressions of footwear or\nany of the samples and of information derived from them,\n\nthe fingerprints, footprints, impressions of footwear or, as the case may be, those\nsamples and that information may be checked against any of the fingerprints,\nfootprints, impressions of footwear, samples or information mentioned in\nsubsection (1)(a) or (b).\n(5) A consent given for the purposes of subsection (4) shall not be capable of being\nwithdrawn.\n(6) Where a sample of hair other than pubic hair is to be taken, the sample may be\ntaken either by cutting hairs or by plucking hairs with their roots so long as no\n\nPolice Act (2021 Revision)\nSection 39\n\nc\nRevised as at 31st December, 2020\nPage 33\n\nmore are plucked than the person taking the sample reasonably considers to be\nnecessary for a sufficient sample.\n(7) Where any power to take a sample is exercisable in relation to a person the\nsample may be taken in a prison or other institution to which the Prisons Act\n(2021 Revision) applies.\n(8) Where \u2014\n(a) the power to take a non-intimate sample under section 37(5) is exercisable\nin relation to any person who is detained under section 7 or 8 of the Mental\nHealth Act (2021 Revision); or\n(b) the power to take a non-intimate sample under section 37(6) is exercisable\nin relation to any person,\nthe sample may be taken in the hospital in which the person is detained.\n(9) A police officer may, within the allowed period, require a person who is neither\nin police detention nor held in custody by the police on the authority of a court\nto attend a police station in order to have a sample taken where \u2014\n(a) the person has been charged with an arrestable offence or informed that\nthe person will be reported for such an offence and either the police officer\nhas not had a sample taken from that person in the course of the\ninvestigation of the offence by the police or the police officer has had a\nsample so taken from that person but either it was not suitable for the same\nmeans of analysis or, though so suitable, the sample proved insufficient;\nor\n(b) the person has been convicted of an arrestable offence and either the police\nofficer has not had a sample taken from that person since the conviction or\nthe police officer has had a sample taken from that person, before or after\nthat person\u2019s conviction, but either it was not suitable for the same means\nof analysis or, though so suitable, the sample proved insufficient.\n(10) The period allowed for requiring a person to attend a police station for the\npurpose specified in subsection (9) is \u2014\n(a) in the case of a person falling within paragraph (a), one month beginning\nwith the date of the charge, or of that person\u2019s being informed as\nmentioned in that paragraph, or one month beginning with the date on\nwhich the appropriate officer is informed of the fact that the sample is not\nsuitable for the same means of analysis or has proved insufficient, as the\ncase may be; or\n(b) in the case of a person falling within paragraph (b), one month beginning\nwith the date of the conviction or one month beginning with the date on\nwhich the appropriate officer is informed of the fact that the sample is not\nsuitable for the same means of analysis or has proved insufficient, as the\ncase may be.\n\nSection 40\nPolice Act (2021 Revision)\n\nPage 34\nRevised as at 31st December, 2020\nc\n\n(11) A requirement under subsection (9) \u2014\n(a) shall give the person at least seven days within which that person shall so\nattend; and\n(b) may direct that person to attend at a specified time of day or between\nspecified times of day.\n(12) A police officer may arrest without a warrant a person who has failed to comply\nwith a requirement under subsection (9).\n(13) Where a person has failed to comply with a requirement under subsection (9)\nthat person commits an offence and is liable on summary conviction to a fine of\nthree thousand dollars or to imprisonment for one year, or to both.\n(14) In this section \u201cthe appropriate officer\u201d is \u2014\n(a) in the case of a person falling within subsection (9)(a), the police officer\ninvestigating the offence with which that person has been charged or as to\nwhich the person was informed that that person would be reported; or\n(b) in the case of a person falling within subsection (9)(b), the police officer\nin charge of the police station from which the investigation of the offence\nof which the person was convicted was conducted.\n40.\nTesting for presence of controlled drugs\n40. (1) A sample of urine or a non-intimate sample may be taken from a person in police\ndetention for the purpose of ascertaining whether the person has any controlled\ndrug in that person\u2019s body if \u2014\n(a) that person has been arrested for an offence but has not been charged or\nbeen charged with an offence and a police officer of at least the rank of\nInspector has reasonable grounds for suspecting that the misuse by that\nperson of a controlled drug caused or contributed to the offence and has\nauthorised the sample to be taken;\n(b) that person has been charged with a firearm offence and a police officer of\nat least the rank of Inspector has reasonable grounds for suspecting that\nthe misuse by that person of a controlled drug caused or contributed to the\noffence and has authorised the sample to be taken;\n(c) that person has attained the age of seventeen years; and\n(d) a police officer has requested that the person concerned give the sample.\n(2) Before requesting the person concerned to give a sample, a police officer\nshall \u2014\n(a) warn the person that if, when so requested, the person fails without good\ncause to do so that person may be liable to prosecution; and\n(b) in a case within subsection (1)(a) or (b), inform that person of the giving\nof the authorisation and of the grounds in question.\n\nPolice Act (2021 Revision)\nSection 40\n\nc\nRevised as at 31st December, 2020\nPage 35\n\n(3) In the case of a person who has not attained the age of seventeen \u2014\n(a) the making of the request;\n(b) the giving of the warning and (where applicable) the information under\nsubsection (2); and\n(c) the taking of the sample,\nmay not take place except in the presence of an appropriate adult.\n(4) If a sample is taken under this section from a person in respect of whom an arrest\nhas been made but that person has not been charged no other sample may be\ntaken from that person under this section during the same continuous period of\ndetention but if the person is subsequently charged at any time during that\nperiod \u2014\n(a) the sample shall be treated as a sample taken by virtue of the fact that that\nperson has been charged; and\n(b) the fact that the sample is to be so treated shall be recorded in the person\u2019s\ncustody record.\n(5) Notwithstanding subsection (1), a sample may be taken from a person under this\nsection if \u2014\n(a) the person was arrested for an offence (in this subsection referred to as the\n\u201cfirst offence\u201d);\n(b) the person was arrested but not charged;\n(c) before a sample is taken by virtue of subsection (1) the person would, but\nfor that person\u2019s arrest as mentioned in paragraph (d), be required to be\nreleased from police detention;\n(d) that person continues to be in police detention by virtue of that person\nhaving been arrested for an offence not being a firearm offence; and\n(e) the sample is taken before the end of the period of twenty-four hours\nstarting with the time when that person\u2019s detention by virtue of that\nperson\u2019s arrest for the first offence began.\n(6) A sample shall not be taken from a person under this section if the person is\ndetained in a police station unless that person has been brought before a custody\nofficer appointed pursuant to section 69.\n(7) Information obtained from a sample taken under this section may be\ndisclosed \u2014\n(a) for the purpose of informing any decision about granting bail in criminal\nproceedings, within the meaning of the Bail Act (2015 Revision), to the\nperson concerned;\n\nSection 40\nPolice Act (2021 Revision)\n\nPage 36\nRevised as at 31st December, 2020\nc\n\n(b) for the purpose of informing any decision about the giving of a conditional\ncaution under the Youth Justice Act (2021 Revision) to the person\nconcerned;\n(c) where the person concerned is in police detention or is remanded in or\ncommitted to custody by an order of a court or has been granted such bail,\nfor the purpose of informing any decision about that person\u2019s supervision;\n(d) where the person concerned is convicted of an offence, for the purpose of\ninforming any decision about the appropriate sentence to be passed by a\ncourt and any decision about that person\u2019s supervision or release;\n(e) for the purpose of an assessment which the person concerned is required\nto attend by virtue of the Alternative Sentencing Act (2008 Revision) or the\nDrug Rehabilitation Court Act (2015 Revision);\n(f)\nfor the purpose of proceedings against the person concerned for an offence\nunder the Misuse of Drugs Act (2017 Revision); or\n(g) for the purpose of ensuring that appropriate advice and treatment is made\navailable to the person concerned.\n(8) A person who fails without good cause to give any sample which may be taken\nfrom that person under this section commits an offence and is liable on summary\nconviction to a fine of three thousand dollars or to imprisonment for one year,\nor to both.\n(9) A police officer may give an authorisation under this section orally or in writing\nbut, if the police officer gives it orally, that police officer shall confirm it in\nwriting as soon as is practicable.\n(10) If a sample is taken under this section by virtue of an authorisation, the\nauthorisation and the grounds for the suspicion shall be recorded as soon as is\npracticable after the sample is taken.\n(11) If the sample is taken from a person detained at a police station, any matters\nrequired to be recorded under this Part shall be recorded in that person\u2019s custody\nrecord.\n(12) Section 36(15) and (16) apply for the purposes of this section as they do for the\npurposes of that section; and this section does not prejudice the generality of\nsections 36 and 37.\n(13) In this section \u2014\n\u201cappropriate adult\u201d, in relation to a person who has not attained the age of\nseventeen, means \u2014\n(a) that person\u2019s parent or guardian or, if that person is in the care of the\nDepartment of Children and Family Services, a person representing that\nDepartment;\n(b) a social worker; or\n\nPolice Act (2021 Revision)\nSection 41\n\nc\nRevised as at 31st December, 2020\nPage 37\n\n(c) if no person falling within paragraph (a) or (b) is available, any responsible\nperson aged eighteen or over who is not a police officer or a person\nemployed by the Service;\n\u201ccontrolled drug\u201d has the same meanings as in the Misuse of Drugs Act (2017\nRevision); and\n\u201crelevant senior officer\u201d means in relation to a police station, the most senior\npolice officer for that police station.\n41.\nPower of police officer to stop and search persons, vehicles, etc.\n41. (l)\nA police officer may exercise any power conferred by this section \u2014\n(a) in any place to which at the time when the police officer proposes to\nexercise the power the public or any section of the public has access, on\npayment or otherwise, as of right or by virtue of express or implied\npermission; or\n(b) in any other place to which people have ready access at the time when the\npolice officer proposes to exercise the power but which is not a dwelling.\n(2) Subject to subsections (3) to (5), a police officer \u2014\n(a) may search \u2014\n(i)\nany person or vehicle; or\n(ii) anything which is in or on a vehicle,\nfor stolen or prohibited articles or any article to which subsection (9) applies;\nand\n(b) may detain a person or vehicle for the purpose of such a search.\n(3) This section does not give a police officer power to search a person or vehicle\nor anything in or on a vehicle unless the police officer has reasonable grounds\nfor suspecting that that police officer will find stolen or prohibited articles or\nany article to which subsection (9) applies.\n(4) If a person is in a garden or yard occupied with and used for the purposes of a\ndwelling or on other land so occupied and used, a police officer may not search\nthat person in the exercise of the power conferred by this section unless the\npolice officer has reasonable grounds for believing \u2014\n(a) that the person does not reside in the dwelling; and\n(b) that the person is not in the place in question with the express or implied\npermission of a person who resides in the dwelling.\n(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a\ndwelling or on other land so occupied and used, a police officer may not search\nthe vehicle or anything in or on it in the exercise of the power conferred by this\nsection unless the police officer has reasonable grounds for believing \u2014\n(a) that the person in charge of the vehicle does not reside in the dwelling; and\n\nSection 42\nPolice Act (2021 Revision)\n\nPage 38\nRevised as at 31st December, 2020\nc\n\n(b) that the vehicle is not in the place in question with the express or implied\npermission of a person who resides in the dwelling.\n(6) If in the course of a search under subsections (4) and (5), a police officer\ndiscovers an article which the police officer has reasonable grounds for\nsuspecting to be a stolen or prohibited article or an article to which\nsubsection (9) applies, the police officer may seize it.\n(7) An article is prohibited for the purposes of this Part if it is \u2014\n(a) an offensive weapon, prohibited weapon or restricted weapon within the\nmeaning of section 78 of the Penal Code (2019 Revision); or\n(b) an article \u2014\n(i)\nmade or adapted for use in the course of or in connection with an\noffence to which this subsection applies; or\n(ii) intended by the person having it with that person for such use by that\nperson or by some other person.\n(8) The offences to which subsection (7) applies are \u2014\n(a) burglary;\n(b) theft;\n(c) offences under section 90 of the Traffic Act (2021 Revision); and\n(d) offences under section 247 of the Penal Code (2019 Revision).\n(9) This subsection applies to any article in relation to which a person has\ncommitted, or is committing or is going to commit, an offence under section 80\nor 81 of the Penal Code (2019 Revision).\n(10) Nothing in this Act shall derogate from a police officer\u2019s powers of search under\nsection 82 of the Penal Code (2019 Revision), Part VI of the Firearms Act (2008\nRevision) or the Misuse of Drugs Act (2017 Revision).\n(11) The search of a person under this section shall be carried out by a police officer\nof the same gender as that person.\n42.\nProvisions relating to search under section 41 and other powers\n42. (1) A police officer who detains a person or vehicle in the exercise \u2014\n(a) of the power conferred by section 41; or\n(b) of any other power \u2014\n(i)\nto search a person without first arresting that person; or\n(ii) to search a vehicle without making an arrest,\nis not required to conduct a search if it appears to that police officer subsequently\nthat no search is required or that a search is impracticable.\n\nPolice Act (2021 Revision)\nSection 42\n\nc\nRevised as at 31st December, 2020\nPage 39\n\n(2) If a police officer contemplates a search, other than a search of an unattended\nvehicle, in the exercise \u2014\n(a) of the power conferred by section 41; or\n(b) of any other power \u2014\n(i)\nto search a person without first arresting that person; or\n(ii) to search a vehicle without making an arrest,\nit shall be the police officer\u2019s duty, subject to subsection (4), to take\nreasonable steps before the police officer commences the search to bring\nto the attention of the relevant person \u2014\n(A) if the police officer is not in uniform, documentary evidence\nthat that person is a police officer, and\n(B) whether the police officer is in uniform or not, the matters\nspecified in subsection (3);\nand the police officer shall not commence the search until the police officer has\nperformed that duty.\n(3) The matters referred to in subsection (2)(B) are \u2014\n(a) the police officer\u2019s name;\n(b) the object of the proposed search;\n(c) the police officer\u2019s grounds for proposing to make it; and\n(d) the effect of section 43(7) or (8), as may be appropriate.\n(4) A police officer is not required to bring the effect of section 43(7) or (8) to the\nattention of the relevant person if it appears to the police officer that it will not\nbe practicable to make the record in section 43(1).\n(5) In this section \"the relevant person\" means \u2014\n(a) if the police officer proposes to search a person, that person; and\n(b) if the police officer proposes to search a vehicle, or anything in or on a\nvehicle, the person in charge of the vehicle.\n(6) Where a police officer has reasonable suspicion to search a vehicle that is\nunattended, the police officer may break and enter that vehicle.\n(7) On completing a search of an unattended vehicle or anything in or on such a\nvehicle in the exercise of any such power as is mentioned in subsections (2)\nand (6), a police officer shall leave a notice \u2014\n(a) stating that the police officer has searched it;\n(b) giving the name of the police station to which that police officer is\nattached; and\n(c) stating the effect of section 43(8).\n\nSection 43\nPolice Act (2021 Revision)\n\nPage 40\nRevised as at 31st December, 2020\nc\n\n(8) The police officer shall leave the notice inside the vehicle unless it is not\nreasonably practicable to do so without damaging the vehicle.\n(9) The time for which a person or vehicle may be detained for the purposes of such\na search is such time as is reasonably required to permit a search to be carried\nout either at the place where the person or vehicle was first detained or nearby.\n(10) Neither the power conferred by section 41 nor any other power to detain and\nsearch a person without first arresting that person or to detain and search a\nvehicle without making an arrest is to be construed as authorising a constable to\nrequire a person to remove any of that person\u2019s clothing in public other than an\nouter coat, jacket or gloves.\n(11) This section and section 41 apply to vessels, aircraft and hovercraft as they\napply to vehicles.\n43.\nDuty to make records concerning searches\n43. (1) Where a police officer has carried out a search in the exercise of any power as\nis mentioned in section 42(1), the police officer shall \u2014\n(a) make a record of it in writing upon completion of the search; or\n(b) where it is not practicable to make the record on the spot, the police officer\nshall make it as soon as practicable after the completion of the search.\n(2) The record of a search of a person shall include a note of that person\u2019s name, if\nthe police officer knows it.\n(3) If a police officer does not know the name of a person whom the police officer\nhas searched, the record of the search shall include a note otherwise describing\nthat person.\n(4) The record of a search of a vehicle shall include a note describing and\nidentifying the vehicle.\n(5) The record of a search of a person or a vehicle \u2014\n(a) shall state \u2014\n(i)\nthe object of the search;\n(ii) the grounds for making it;\n(iii) the date and time when it was made;\n(iv) the place where it was made;\n(v) whether anything, and if so what, was found;\n(vi) whether any, and if so what, injury to a person or damage to property\nappears to the police officer to have resulted from the search; and\n(b) shall identify the police officer making it.\n(6) If \u2014\n\nPolice Act (2021 Revision)\nSection 44\n\nc\nRevised as at 31st December, 2020\nPage 41\n\n(a) a person who has been searched requests a copy of the record of the search;\nand\n(b) the police officer who conducted the search made a record of it,\nthe person who made the request shall be entitled to a copy.\n(7) If \u2014\n(a) the owner of a vehicle which has been searched or the person who was in\ncharge of the vehicle at the time when it was searched requests a copy of\nthe record of the search; and\n(b) the police officer who conducted the search made a record of it, the person\nwho made the request shall be entitled to a copy.\n(8) The requirements imposed by this section with regard to records of searches of\nvehicles shall apply also to records of searches of vessels, aircraft and\nhovercraft.\n44.\nSearch warrant safeguards\n44. (1) Notwithstanding section 26 of the Criminal Procedure Code (2021 Revision),\nor any amending or superseding version, this section has effect in relation to the\nissue to police officers under any Law, of warrants to enter and search premises;\nand an entry on or search of premises under a warrant is unlawful unless it\ncomplies with this section.\n(2) Where a police officer applies for any such warrant it shall be the police officer\u2019s\nduty \u2014\n(a) to state \u2014\n(i)\nthe ground on which the police officer makes the application; and\n(ii) the Law under which the warrant would be issued;\n(b) to specify the premises which it is desired to enter and search; and\n(c) to identify, so far as is practicable, the articles or persons to be sought.\n(3) An application for such a warrant shall be made ex parte and supported by an\ninformation in writing.\n(4) The police officer shall answer on oath any question that the Justice of the Peace,\nMagistrate or Judge hearing the application asks that police officer.\n(5) A warrant shall authorise an entry on one occasion only.\n(6) A warrant \u2014\n(a) shall specify \u2014\n(i)\nthe name of the person who applies for it;\n(ii) the date on which it was issued;\n(iii) the Law under which it was issued; and\n\nSection 45\nPolice Act (2021 Revision)\n\nPage 42\nRevised as at 31st December, 2020\nc\n\n(iv) the premises to be searched; and\n(b) shall identify, so far as is practicable, the articles or persons to be sought.\n(7) Two copies shall be made of a warrant.\n(8) The copies shall be clearly certified as copies.\n45.\nPower of Justice of the Peace to authorise entry and search of premises\n45. (1) Notwithstanding section 26 of the Criminal Procedure Code (2021 Revision), if\non an application made by a police officer a Justice of the Peace is satisfied that\nthere are reasonable grounds for believing \u2014\n(a) that an arrestable offence has been committed;\n(b) that there is material on premises specified in the application which is\nlikely to be of substantial value, whether by itself or together with other\nmaterial, to the investigation of the offence;\n(c) that the material is likely to be relevant evidence;\n(d) that it does not consist of or include items subject to legal privilege,\nexcluded material or special procedure material; and\n(e) that any of the conditions specified in subsection (3) applies,\nthat person may issue a warrant authorising a police officer to enter and search\nthe premises.\n(2) A police officer may seize and retain anything for which a search has been\nauthorised under subsection (1).\n(3) The conditions mentioned in subsection (1)(e) are \u2014\n(a) that it is not practicable to communicate with any person entitled to grant\nentry to the premises;\n(b) that it is practicable to communicate with a person entitled to grant entry\nto the premises but it is not practicable to communicate with any person\nentitled to grant access to the evidence;\n(c) that entry to the premises will not be granted unless a warrant is produced;\nor\n(d) that the purpose of a search may be frustrated or seriously prejudiced\nunless a police officer arriving at the premises can secure immediate entry\nto them.\n(4) The power to issue a warrant conferred by this section is in addition to any such\npower otherwise conferred.\n\nPolice Act (2021 Revision)\nSection 46\n\nc\nRevised as at 31st December, 2020\nPage 43\n\n46.\nSpecial provisions as to access to excluded material\n46. (1) A police officer may obtain access to excluded material for the purposes of a\ncriminal investigation by making an application under Schedule 3 and in\naccordance with that Schedule.\n(2) Any Law enacted before this Act under which a search of premises for the\npurposes of a criminal investigation could be authorised by the issue of a warrant\nto a police officer shall cease to have effect so far as it relates to the authorisation\nof searches for \u2014\n(a) items subject to legal privilege; or\n(b) excluded material.\n(3) Where the items are claimed to be subject to legal privilege or excluded material\nthe police officer shall be able to obtain access to those documents in a sealed\ncondition.\n(4) An aggrieved party may apply to the court for an order to have any item obtained\npursuant to subsection (3) returned.\n47.\nRoad barriers\n47. (1) It shall be lawful for a police officer of the rank of Inspector or above, if the\npolice officer considers it necessary for the maintenance and preservation of law\nand order, the prevention or detection of crime or for the apprehension of\noffenders to erect or place barriers in or across any road or street or in any other\npublic place in such manner as the police officer may think fit.\n(2) A police officer may take all reasonable steps as the police officer considers\nnecessary to prevent a person or vehicle from passing a barrier erected or placed\nby virtue of subsection (1) and that person, or the driver of that vehicle, who\nfails to comply with any reasonable signal made by a police officer under this\nsubsection commits an offence and is liable on summary conviction to a fine of\nthree thousand dollars or to imprisonment for one year, or to both.\n(3) A police officer shall not be liable for any loss, damage or injury occasioned to\na vehicle or suffered by a person as a result of any reasonable or necessary steps\ntaken by that police officer under the authority of this section.\n48.\nRoad checks\n48. (1) This section shall have effect in relation to the conduct of road checks by police\nofficers for the purpose of ascertaining whether a vehicle is carrying \u2014\n(a) a person who has committed an offence other than a road traffic offence;\n(b) a person who is a witness to such an offence;\n(c) a person intending to commit such an offence; or\n(d) a person who is unlawfully at large.\n\nSection 48\nPolice Act (2021 Revision)\n\nPage 44\nRevised as at 31st December, 2020\nc\n\n(2) For the purposes of this section, a road check consists of the exercise in a locality\nof the power conferred by section 69 of the Traffic Act (2021 Revision)  in such\na way as to stop during the period for which its exercise in that way in that\nlocality continues all vehicles or vehicles selected by criterion.\n(3) Subject to subsection (5), there may only be such a road check if a police officer\nof the rank of Inspector or above authorises it in writing.\n(4) A police officer may only authorise a road check under subsection (3) \u2014\n(a) for the purpose specified in subsection (1)(a) if the police officer has\nreasonable grounds \u2014\n(i)\nfor believing that the offence is an arrestable offence; and\n(ii) for suspecting that the person is, or is about to be, in the locality in\nwhich vehicles would be stopped if the road checks were authorised;\n(b) for the purpose specified in subsection (1)(b), if the police officer has\nreasonable grounds for believing that the offence is an arrestable offence;\n(c) for the purpose specified in subsection (1)(c), if the police officer has\nreasonable grounds \u2014\n(i)\nfor believing that the offence would be an arrestable offence; and\n(ii) for suspecting that the person is, or is about to be, in the locality in\nwhich vehicles would be stopped if the road check were\nauthorised; and\n(d) for the purpose specified in subsection (1)(d), if the police officer has\nreasonable grounds for suspecting that the person is, or is about to be, in\nthe locality.\n(5) A police officer below the rank of Inspector may authorise such a road check if\nit appears to that police officer that it is required as a matter of urgency for one\nof the purposes specified in subsection (1).\n(6) If an authorisation is given under subsection (5), it shall be the duty of the police\nofficer who gives it, as soon as it is practicable to do so \u2014\n(a) to make a written record of the time at which the police officer gives it;\nand\n(b) to cause a police officer of the rank of Inspector or above to be informed\nthat it has been given.\n(7) A police officer to whom a report is made under subsection (6) may, in writing,\nauthorise the road check to continue.\n(8) If such a police officer considers that the road check should not continue, the\npolice officer shall record in writing \u2014\n(a) the fact that it took place; and\n(b) the purpose for which it took place.\n\nPolice Act (2021 Revision)\nSection 49\n\nc\nRevised as at 31st December, 2020\nPage 45\n\n(9) A police officer giving an authorisation under this section shall specify the\nlocality in which vehicles are to be stopped.\n(10) A police officer giving an authorisation under this section, other than an\nauthorisation under subsection (5) \u2014\n(a) shall specify a period, not exceeding seven days, during which the road\ncheck may continue; and\n(b) may direct that the road check \u2014\n(i)\nshall be continuous; or\n(ii) shall be conducted at specified times during that period.\n(11) If it appears to a police officer of the rank of Inspector or above that a road check\nought to continue beyond the period for which it has been authorised the police\nofficer may, from time to time, in writing specify a further period, not exceeding\nseven days, during which it may continue.\n(12) Every written authorisation shall specify \u2014\n(a) the name of the police officer giving it;\n(b) the purpose of the road check; and\n(c) the locality in which the vehicles are to be stopped.\n(13) The duties to specify the purposes of a road check imposed by subsections (8)\nand (12) include duties to specify any arrestable offence.\n(14) Where a vehicle is stopped in a road check, the person in charge of the vehicle\nat the time when it is stopped shall be entitled to obtain a written statement of\nthe purpose of the road check if that person applies for such a statement not later\nthan the end of the period of twelve months from the day on which the vehicle\nwas stopped.\n(15) Nothing in this section affects the exercise by police officers of any power to\nstop vehicles for purposes other than those specified in subsection (1).\n49.\nCordons and curfews\n49. (1) Where it appears to the Commissioner that, having regard to \u2014\n(a) an immediate threat to any of the Islands of a tropical storm, hurricane or\nother serious hazard; or\n(b) the effect on any of the Islands of any tropical storm, hurricane or other\nserious hazard,\nthere are reasonable grounds to believe that in the interest of public safety or\npublic order it is necessary so to do, the Commissioner may, with the written\npermission of the Governor after the Governor has consulted with the \u2018National\nHazard Management Executive\u2019 and the Cabinet, impose a curfew \u2014\n(i)\nthroughout the Islands;\n\nSection 50\nPolice Act (2021 Revision)\n\nPage 46\nRevised as at 31st December, 2020\nc\n\n(ii) on any of the Islands; or\n(iii) in respect of any district or place within any district on any of the\nIslands,\nbetween such hours as may be specified, requiring persons within that island,\ndistrict or place to remain within their premises during the hours so specified\nunless otherwise authorised in writing by a police officer who is in charge of\nenforcing the said curfew.\n(2) Where the Commissioner has imposed a curfew pursuant to subsection (1), the\nCommissioner may after consultation with the \u201cNational Hazard Management\nExecutive\u201d and, where practicable, Cabinet, and with the written permission of\nthe Governor, revoke that curfew.\n(3) Where it appears to the Commissioner that, having regard to the nature and\nextent of criminal activity, there are reasonable grounds to believe that in the\ninterest of public safety and public order or for the purpose of preventing or\ndetecting crime it is necessary so to do, the Commissioner may \u2014\n(a) establish a cordon around certain localities; or\n(b) with the written permission of the Governor, impose a curfew \u2014\n(i)\nthroughout the Islands;\n(ii) on any of the Islands; or\n(iii) in respect of any district or place within any district on any of the\nIslands,\nbetween such hours as may be specified, requiring persons within that island,\nlocality, district or place to remain within their premises during the hours so\nspecified unless otherwise authorised in writing by a police officer who is in\ncharge of enforcing the said cordon or curfew.\n(4) Where the Commissioner has imposed a curfew pursuant to subsection (3)(b)\nthe Commissioner may, with the written permission of the Governor, revoke\nthat curfew.\n(5) Where a cordon is imposed, the cordon shall endure for a period not exceeding\ntwelve hours.\n(6) Where a curfew is imposed, the curfew shall, unless revoked pursuant to\nsubsection (2) or (4), endure for a period not exceeding forty-eight hours.\n(7) A person who fails to comply with a curfew or cordon imposed under\nsubsections (1) or (3) commits an offence.\n50.\nPower to stop, search and arrest during a cordon and curfew\n50. (1) A police officer may stop and search a person whom the police officer\nreasonably suspects to be in contravention of a curfew or cordon imposed under\nsection 49.\n\nPolice Act (2021 Revision)\nSection 51\n\nc\nRevised as at 31st December, 2020\nPage 47\n\n(2) The search of a person under this section shall be carried out by a police officer\nof the same sex as that person.\n(3) Where a police officer, with reasonable cause, suspects that section 49 has been\ncontravened the police officer may arrest without a warrant anyone whom that\npolice officer, with reasonable cause, suspects to be guilty of the contravention.\n51.\nPenalties for contravention of section 49\n51. (1) A person who contravenes section 49 is liable on summary conviction to a fine\nof three thousand dollars or to imprisonment for one year, or to both.\n(2) Where a person is convicted of the contravention of section 49, the court may\norder that any goods or money in respect of which the offence was committed\nand is in that person\u2019s possession, be forfeited to the Crown or otherwise\ndisposed of.\n52.\nPower of police officer to enter and break into premises in case of fire, etc.\n52. A police officer may enter and, if necessary, break into any building being or\nreasonably supposed to be on fire, or any building or land adjoining or near thereto,\nand any building threatened with damage by floodwater or other hazard without the\nconsent of the owner or occupier, and may do all such acts and things as the police\nofficer may deem necessary for extinguishing a fire in any such building, protecting\nthe same, or rescuing any person or property therein from fire, floodwater or other\nhazard.\n53.\nGeneral power of seizure, etc.\n53. (1) The powers conferred by subsections (2) and (3) are exercisable by a police\nofficer who is lawfully on any premises.\n(2) The police officer may seize anything which is on the premises if the police\nofficer has reasonable grounds for believing \u2014\n(a) that it has been obtained in consequence of the commission of an offence;\nand\n(b) that it is necessary to seize it in order to prevent it being concealed, lost,\ndamaged, altered or destroyed.\n(3) The police officer may seize anything which is on the premises if the police\nofficer has reasonable grounds for believing \u2014\n(a) that it is evidence in relation to an offence whether or not it is being\ninvestigated by that police officer; and\n(b) that it is necessary to seize it in order to prevent the evidence being\nconcealed, lost or destroyed.\n(4) The police officer may require any information which is contained in a computer\nand is accessible from the premises to be produced in a form in which it can be\n\nSection 54\nPolice Act (2021 Revision)\n\nPage 48\nRevised as at 31st December, 2020\nc\n\ntaken away and in which it is visible and legible if the police officer has\nreasonable grounds for believing \u2014\n(a) that \u2014\n(i)\nit is evidence in relation to an offence which the police officer is\ninvestigating or any other offence; or\n(ii) it has been obtained in consequence of the commission of an offence;\nand\n(b) that it is necessary to do so in order to prevent it being concealed, lost,\ntampered with or destroyed.\n(5) The powers conferred by this section are in addition to any power otherwise\nconferred.\n(6) No power of seizure conferred on a police officer under any Law, is to be taken\nto authorise the seizure of an item which the police officer exercising the power\nhas reasonable grounds for believing to be subject to privilege.\n54.\nExtension of powers of seizure to computer and electronic information\n54. (1) Every power which is conferred by a Law, to which this section applies, on a\npolice officer who has entered premises in the exercise of a power conferred by\nthat Law shall be construed as including a power to seize a computer, as well as\nrequire any information contained in the computer or any other material\ncontained in electronic form and accessible from the premises to be produced in\na form in which it can be taken away and in which it is visible and legible.\n(2) This section applies \u2014\n(a) to any Law enacted before this Act;\n(b) to section 45; and\n(c) to paragraph 13 of Schedule 3.\n(3) The power to seize a computer, as well as require any information contained in\nthe computer or any other material contained in electronic form to be made\naccessible, does not include the power to alter or delete any material contained\ntherein.\n55.\nAccess and copying\n55. (1) A police officer who seizes anything in the exercise of a power conferred by any\nLaw, shall, if so requested by a person showing themselves \u2014\n(a) to be an occupier of premises on which it was seized; or\n(b) to have had custody or control of it immediately before the seizure,\nprovide that person with a record of what the police officer seized.\n(2) The police officer shall provide the record within a reasonable time from the\nmaking of the request for it.\n\nPolice Act (2021 Revision)\nSection 55\n\nc\nRevised as at 31st December, 2020\nPage 49\n\n(3) Subject to subsection (8), if a request for permission to be granted access to\nanything which \u2014\n(a) has been seized by a police officer; and\n(b) is retained by the police for the purpose of investigating an offence,\nis made to the police officer in charge of the investigation by a person who had\ncustody or control of the thing immediately before it was so seized or by\nsomeone acting on behalf of such a person, the police officer shall allow the\nperson who made the request access to it under the supervision of a police\nofficer.\n(4) Subject to subsection (8), if a request for a photograph or copy of any such thing\nis made to the police officer in charge of the investigation by a person who had\ncustody or control of the thing immediately before it was so seized, or by\nsomeone acting on behalf of such a person, the police officer shall \u2014\n(a) allow the person who made the request access to it under the supervision\nof a police officer for the purpose of photographing or copying it; or\n(b) photograph or copy it, or cause it to be photographed or copied.\n(5) A police officer may also photograph or copy, or have photographed or copied,\nanything which the police officer has power to seize, without a request being\nmade under subsection (4).\n(6) Where anything is photographed or copied under subsection (4)(b), the\nphotograph or copy shall be supplied to the person who made the request.\n(7) The photograph or copy shall be so supplied within a reasonable time from the\nmaking of the request.\n(8) There is no duty under this section to grant access to, or to supply a photograph\nor copy of, anything if the police officer in charge of the investigation for the\npurposes of which it was seized has reasonable grounds for believing that to do\nso would prejudice \u2014\n(a) that investigation;\n(b) the investigating of an offence other than the offence for the purposes of\ninvestigating which the thing was seized; or\n(c) any criminal proceedings which may be brought as a result of \u2014\n(i)\nthe investigation of which the police officer is in charge; or\n(ii) any such investigation as is mentioned in paragraph (b).\n(9) The provisions of this section apply to any thing seized pursuant to the Proceeds\nof Crime Act (2020 Revision).\n\nSection 56\nPolice Act (2021 Revision)\n\nPage 50\nRevised as at 31st December, 2020\nc\n\n56.\nRetention\n56. (1) Subject to subsection (4), anything which has been seized by a police officer or\ntaken away by a police officer following a requirement made by virtue of\nsection 53 or 54 may be retained so long as necessary in all the circumstances.\n(2) Without prejudice to the generality of subsection (1) \u2014\n(a) anything seized for the purposes of a criminal investigation may be\nretained \u2014\n(i)\nfor use at a trial for an offence; or\n(ii) for forensic examination or for investigation in connection with an\noffence; and\n(b) anything may be retained in order to establish its lawful owner where there\nare reasonable grounds for believing it has been obtained in consequence\nof the commission of an offence.\n(3) Nothing seized on the ground that it may be used \u2014\n(a) to damage property;\n(b) to interfere with evidence; or\n(c) to assist in escape from police detention or lawful custody,\nmay be retained when the person from whom it was seized is no longer in police\ndetention or the custody of a court or is in the custody of a court but has been\nreleased on bail.\n(4) Subject to subsection (5), nothing may be retained for either of the purposes\nmentioned in subsection (2)(a) if a photograph or copy would be sufficient for\nthat purpose.\n(5) Where a police officer of at least the rank of Inspector, upon the advice of the\nDirector of Public Prosecutions, is satisfied that despite being photographed or\ncopied a thing should be retained for examination by the judge or jury, that thing\nshall be retained.\n(6) This section also applies to anything retained by the police under the\nImmigration (Transition) Act (2021 Revision).\n57.\nMeaning of \u201citems subject to legal privilege\u201d\n57. (1) Subject to subsection (2), in this Act - \u201citems subject to legal privilege\u201d\nmeans \u2014\n(a) communications between a professional legal adviser and that legal\nadviser\u2019s client or any person representing that legal adviser\u2019s client made\nin connection with the giving of legal advice to the client;\n(b) communications between a professional legal adviser and that professional\nlegal adviser\u2019s client or any person representing that professional legal\n\nPolice Act (2021 Revision)\nSection 58\n\nc\nRevised as at 31st December, 2020\nPage 51\n\nadviser\u2019s client or between such an adviser or that adviser\u2019s client or any\nsuch representative and any other person made in connection with or in\ncontemplation of legal proceedings and for the purposes of such\nproceedings; and\n(c) items enclosed with or referred to in such communications and made \u2014\n(i)\nin connection with the giving of legal advice; or\n(ii) in connection with or in contemplation of legal proceedings and for\nthe purposes of such proceedings, when they are in the possession of\na person who is entitled to possession of them.\n(2) Items held and communications made with the intention of furthering a criminal\npurpose are not items subject to legal privilege.\n58.\nMeaning of \u201cexcluded material\u201d\n58. In this Act \u201cexcluded material\u201d means human tissue or tissue fluid which has been\ntaken for the purposes of diagnosis or medical treatment and which the person holds\nin confidence.\n59.\nGeneral arrest conditions\n59. (1) Where a police officer has reasonable grounds for suspecting that any offence\nwhich is not an arrestable offence has been committed or attempted, or is being\ncommitted or attempted, the police officer may arrest the relevant person if it\nappears to that police officer that service of a summons is impracticable or\ninappropriate because any of the general arrest conditions is satisfied.\n(2) In this section \u201cthe relevant person\u201d means any person whom the officer has\nreasonable grounds to suspect of having committed or having attempted to\ncommit the offence or of being in the course of committing or attempting to\ncommit it.\n(3) The general arrest conditions are \u2014\n(a) that the name of the relevant person is unknown to, and cannot be readily\nascertained by, the police officer;\n(b) that the police officer has reasonable grounds for doubting whether the\nname furnished by the relevant person as that person\u2019s name is their real\nname;\n(c) that \u2014\n(i)\nthe relevant person has failed to furnish a satisfactory address for\nservice; or\n(ii) the police officer has reasonable grounds for doubting whether an\naddress furnished by the relevant person is a satisfactory address for\nservice;\n\nSection 60\nPolice Act (2021 Revision)\n\nPage 52\nRevised as at 31st December, 2020\nc\n\n(d) that the police officer has reasonable grounds for believing that arrest is\nnecessary to prevent the relevant person \u2014\n(i)\ncausing physical injury to themselves or any other person;\n(ii) suffering physical injury;\n(iii) causing loss of or damage to property;\n(iv) committing an offence against public decency; or\n(v) causing an unlawful obstruction of the road; or\n(e) that the police officer has reasonable grounds for believing that arrest is\nnecessary to protect a child or other vulnerable person from the relevant\nperson.\n(4) For the purposes of subsection (3) an address is a satisfactory address for service\nif it appears to the police officer \u2014\n(a) that the relevant person will be at it for a sufficiently long period for it to\nbe possible to serve that person with a summons; or\n(b) that some other person specified by the relevant person will accept service\nof a summons for the relevant person at it.\n(5) Nothing in paragraph (d) of subsection (3) authorises the arrest of a person\nunder subparagraph (iv) of that paragraph except where members of the public\ngoing about their normal business cannot reasonably be expected to avoid the\nperson to be arrested.\n(6) This section shall not prejudice any power of arrest conferred apart from this\nsection.\n60.\nPowers of arrest\n60. A police officer may, without an order from a Justice of the Peace and without a\nwarrant, arrest any person \u2014\n(a) whom the police officer suspects on reasonable grounds of having\ncommitted or to be about to commit an arrestable offence;\n(b) who commits in that police officer\u2019s presence an arrestable offence;\n(c) who obstructs a police officer in the execution of that police officer\u2019s duty,\nor who has escaped or who attempts to escape from lawful custody;\n(d) in whose possession anything is found which may reasonably be suspected\nto be stolen property or who may reasonably be suspected to have\ncommitted an offence with reference to such thing;\n(e) whom the police officer suspects on reasonable grounds of being a deserter\nfrom Her Majesty\u2019s Navy, Army or Air Force;\n(f)\nwhom the police officer suspects on reasonable grounds of having been\nconcerned in any act committed in any place outside of the Islands which,\nif committed in the Islands, would have been punishable as an offence and\n\nPolice Act (2021 Revision)\nSection 61\n\nc\nRevised as at 31st December, 2020\nPage 53\n\nfor which the person is under the Extradition Act 2003 of the United\nKingdom [U.K.Act (c.41)], the Fugitive Offenders Act, 1967 or the\nHijacking Act, 1971 [U.K. Act (c.70)] or otherwise liable to be\napprehended and detained in the Islands;\n(g) whom the police officer suspects on reasonable grounds of having in that\nperson\u2019s possession, without lawful excuse, any instrument of house-\nbreaking;\n(h) whom the police officer suspects on reasonable grounds of having\nunlawfully in that person\u2019s possession any controlled drug or narcotic;\n(i)\nfor whom the police officer has reasonable grounds to believe a warrant of\narrest has been issued by a court in the Islands;\n(j)\nof loose, idle or disorderly character whom the police officer the police\nofficer finds in any way disturbing the peace or causing public annoyance,\nor whom the police officer has reasonable cause to suspect of having\ncommitted or being about to commit any indictable offence, summary\noffence or breach of the peace;\n(k) whom the police officer finds between sunset and the hour of six o\u2019clock\nin the morning lying or loitering in any street, highway, yard or other place,\nnot giving a satisfactory account of themselves;\n(l)\non board or about to board a ship, boat, aircraft or hovercraft or who has\nrecently landed from any ship, boat, aircraft or hovercraft, whether or not\nsuch person has travelled thereon, whom the police officer has reasonable\ngrounds to suspect has about their person any uncustomed or prohibited\ngoods, arms or offensive weapon, and in such case detain such person for\nup to six hours for the purpose of being searched by a person of the same\nsex;\n(m) whom the police officer suspects on reasonable grounds to be remanded\nor bound over to answer a criminal charge before a court and to be about\nto leave the Islands without the permission of that court; or\n(n) whom the police officer suspects on reasonable grounds to have given\nsecurity under section 64 of the Evidence Act (2021 Revision), to appear\nbefore a court and to be about to leave the Islands without the permission\nof that court while such security remains in force.\n61.\nEntry for the purpose of arrest, etc.\n61. (1) Subject to the following provisions of this section, and without prejudice to any\nother Law, a police officer may enter and search without a warrant authorising\nthe entry and search any premises for the purpose of \u2014\n(a) executing \u2014\n(i)\na warrant of arrest issued in connection with or arising out of criminal\nproceedings; or\n\nSection 62\nPolice Act (2021 Revision)\n\nPage 54\nRevised as at 31st December, 2020\nc\n\n(ii) any warrant issued by a court or officer of the court;\n(b) arresting a person for an arrestable offence;\n(c) arresting a person for an offence under the Penal Code (2019 Revision);\n(d) recapturing a person who is unlawfully at large and whom the police\nofficer is pursuing; or\n(e) saving life or limb or preventing serious damage to property.\n(2) Except for the purpose specified in subsection (1)(e), the powers of entry and\nsearch conferred by this section \u2014\n(a) are only exercisable if the police officer has reasonable grounds for\nbelieving that the person whom the police officer is seeking is on the\npremises; and\n(b) are limited, in relation to premises consisting of two or more separate\ndwellings, to powers to enter and search \u2014\n(i)\nany parts of the premises which the occupiers of any dwelling\ncomprised in the premises use in common with the occupiers of any\nother such dwelling; and\n(ii) any such dwelling in which the police officer has reasonable grounds\nfor believing that the person whom the police officer is seeking may\nbe.\n(3) The powers of entry and search conferred by this section are exercisable by a\npolice officer, whether in uniform or not.\n(4) The power of search conferred by this section is only a power to search to the\nextent that is reasonably required for the purpose for which the power of entry\nis exercised.\n(5) Where access to premises is denied, a police officer may break and enter those\npremises to gain access for the purpose of an arrest.\n(6) For the avoidance of doubt, the rules of common law under which a police\nofficer has \u2014\n(a) power to enter premises without a warrant; and\n(b) power of entry to deal with or prevent a breach of the peace,\nare not affected by the provisions of this section.\n62.\nInformation to be given on arrest\n62. (1) Where a person is arrested, the person is to be informed that that person is under\narrest and of the nature of the offence for which that person is being arrested as\nsoon as is practicable after that person\u2019s arrest.\n(2) Where a person is arrested by a police officer, subsection (1) applies regardless\nof whether the fact of the arrest is obvious.\n\nPolice Act (2021 Revision)\nSection 63\n\nc\nRevised as at 31st December, 2020\nPage 55\n\n(3) Nothing in this section is to be taken to require a person to be informed \u2014\n(a) that the person is under arrest; or\n(b) of the ground for the arrest,\nif it was not reasonably practicable for that person to be so informed by reason\nof that person having escaped from arrest before the information could be given.\n63.\nRight to have someone informed when arrested\n63. (1) Where a person has been arrested and is being held in custody in a police station\nor other premises, the person shall be entitled, if the person so requests, to have\none friend or relative or other person who is known to that person or is likely to\ntake an interest in that person\u2019s welfare told, as soon as is practicable except to\nthe extent that delay is permitted by this section, that the person has been\narrested and is being detained there.\n(2) Delay is only permitted \u2014\n(a) in the case of a person who is in police detention for an indictable offence,\na firearm offence or an offence under the Misuse of Drugs Act (2017\nRevision); and\n(b) if a police officer of at least the rank of Inspector authorises it.\n(3) In any case the person in custody shall be permitted to exercise the right\nconferred by subsection (1) within twenty-four hours from the time of that\nperson\u2019s arrest unless a police officer of the rank of Superintendent or above,\nmay by written authorisation extend any period of delay beyond twenty-four\nhours if in that police officer\u2019s opinion the circumstances of the case are\nexceptional and merit such further delay.\n(4) A police officer may give an authorisation under subsection (2) orally or in\nwriting but, if the police officer gives it orally, that police officer shall confirm\nit in writing as soon as is practicable.\n(5) Subject to subsection (6), a police officer may only authorise delay where the\npolice officer has reasonable grounds for believing that telling the named person\nof the arrest \u2014\n(a) will lead to interference with or harm to evidence connected with an\nindictable offence or interference with or physical injury to other persons;\n(b) will lead to the alerting of other persons suspected of having committed\nsuch an offence but not yet arrested for it; or\n(c) will hinder the recovery of any property obtained as a result of such an\noffence.\n(6) A police officer may also authorise delay where that police officer has\nreasonable grounds for believing that \u2014\n\nSection 64\nPolice Act (2021 Revision)\n\nPage 56\nRevised as at 31st December, 2020\nc\n\n(a) the person detained for the indictable offence has benefited from that\nperson\u2019s criminal conduct; and\n(b) the recovery of the value of the property constituting the benefit will be\nhindered by telling the named person of the arrest.\n(7) For the purposes of subsection (6), the question whether a person has benefited\nfrom that person\u2019s criminal conduct is to be decided in accordance with the\nprovisions of the Proceeds of Crime Act (2020 Revision) and the Anti-\nCorruption Act (2019 Revision).\n(8) If a delay is authorised \u2014\n(a) the detained person shall be told the reason for it; and\n(b) the reason shall be noted on that person\u2019s custody record.\n(9) The duties imposed by subsection (8) shall be performed as soon as is\npracticable.\n(10) The rights conferred by this section on a person detained at a police station or\nother premises are exercisable whenever the person is transferred from one place\nto another; and this section applies to each subsequent occasion on which they\nare exercisable as it applies to the first such occasion.\n(11) There may be no further delay in permitting the exercise of the right conferred\nby subsection (1) once the reason for authorising the delay ceases to subsist.\n(12) Nothing in this section applies to a person arrested or detained under the\nTerrorism Act (2018 Revision).\n64.\nAccess to legal advice\n64. (1) Subject to subsection (4), a person arrested and held in custody in a police\nstation or other premises shall be entitled, if the person so requests, to consult\nan attorney-at-law privately at any time.\n(2) Subject to subsection (3), a request under subsection (1) and the time at which\nit was made shall be recorded in the custody record.\n(3) A request for an attorney-at-law is not required to be recorded in the custody\nrecord of a person who makes it at a time while the person is at a court after\nbeing charged with an offence.\n(4) If a person makes a request for an attorney-at-law, the person shall be permitted\nto consult an attorney-at-law as soon as is practicable except to the extent that\ndelay is permitted by this section.\n(5) In any case the person shall be permitted to consult an attorney-at-law within\ntwenty-four hours from the time of that person\u2019s arrest.\n(6) Delay in compliance with a request is only permitted \u2014\n\nPolice Act (2021 Revision)\nSection 64\n\nc\nRevised as at 31st December, 2020\nPage 57\n\n(a) in the case of a person who is in police detention for an indictable offence;\nand\n(b) if a police officer of at least the rank of Superintendent authorises it.\n(7) A police officer may give an authorisation under subsection (6) orally or in\nwriting but, if the police officer gives it orally, that police officer shall confirm\nit in writing as soon as is practicable.\n(8) Subject to subsection (9) a police officer may only authorise delay where the\npolice officer has reasonable grounds for believing that the exercise of the right\nconferred by subsection (1) at the time when the person detained desires to\nexercise it \u2014\n(a) will lead to interference with or harm to evidence connected with an\nindictable offence or interference with or physical injury to other persons;\n(b) will lead to the alerting of other persons suspected of having committed\nthat offence but not yet arrested for it; or\n(c) will hinder the recovery of any property obtained as a result of that offence.\n(9) A police officer may also authorise delay where the police officer has reasonable\ngrounds for believing that \u2014\n(a) the person detained for the indictable offence has benefited from that\nperson\u2019s criminal conduct; and\n(b) the recovery of the value of the property constituting the benefit will be\nhindered by the exercise of the right conferred by subsection (1).\n(10) For the purposes of subsection (9) the question whether a person has benefited\nfrom that person\u2019s criminal conduct is to be decided in accordance with the\nProceeds of Crime Act (2020 Revision).\n(11) If delay is authorised \u2014\n(a) the detained person shall be told the reason for it; and\n(b) the reason shall be noted on that person\u2019s custody record.\n(12) The duties imposed by subsection (11) shall be performed as soon as is\npracticable.\n(13) There shall be no further delay in permitting the exercise of the right conferred\nby subsection (1) once the reason for authorising delay ceases to subsist.\n(14) Nothing in this section applies to a person arrested or detained under the\nTerrorism Act (2018 Revision).\n\nSection 65\nPolice Act (2021 Revision)\n\nPage 58\nRevised as at 31st December, 2020\nc\n\n65.\nDetention of persons arrested without warrant\n65. (1) When a person has been taken into custody without a warrant, that person shall\nbe brought to the custody officer who, not being directly involved in the\ninvestigation, shall enquire into the case, and, upon the completion of the\nenquiry, if there are no reasonable grounds for believing that the person has\ncommitted an offence the person shall, subject to subsection (3), be released\nforthwith.\n(2) If, upon the completion of the inquiry referred to in subsection (1), there are\nreasonable grounds for believing that the person arrested has committed an\noffence, the custody officer may release the person on bail.\n(3) Where there is a determination that there is insufficient evidence to charge the\nperson taken into custody but the police officer carrying out the arrest has\nreasonable grounds for believing that the detention of that person without being\ncharged is necessary to \u2014\n(a) secure or preserve evidence relating to an offence for which the person is\nunder arrest;\n(b) obtain that evidence by questioning that person; or\n(c) complete the investigation,\nthe custody officer who, not being directly involved in the investigation, may\nauthorise the police officer to place that person in detention for such period of\ntime as may be reasonably required up to forty-eight hours from the relevant\ntime as set out in subsection (15).\n(3A) The custody officer, at the beginning of each shift, shall \u2014\n(a) conduct an inquiry regarding the progress of the investigation related to\nany person detained by virtue of this section;\n(b) determine whether the conditions justifying detention under subsection (3)\nare continuing; and\n(c) where the person detained is not released, inform that person of the\ngrounds for that person\u2019s continued detention.\n(3B) The person detained may make oral representations on that person\u2019s detention\nand the custody officer shall record any representation made and the grounds\nfor the continued detention on the custody record based on the criteria for further\ndetention set out in subsection (3).\n(4) Repealed by section 2 of the Police (Amendment) Act, 2014 [Law 1 of 2014].\n(5) A person shall not be kept in police detention after the period referred to in\nsubsection (3) except where \u2014\n(a) a police officer of the rank of Chief Inspector, or above, who is not directly\ninvolved in the investigation determines that the further detention of a\nperson is required to \u2014\n\nPolice Act (2021 Revision)\nSection 65\n\nc\nRevised as at 31st December, 2020\nPage 59\n\n(i)\nsecure or preserve evidence relating to an arrestable offence for\nwhich the person is under arrest;\n(ii) obtain evidence by questioning that person; or\n(iii) carry out investigations, such investigations being carried out in a\ndiligent and expeditious manner;\n(b) notice of intention to apply for an order for further detention and the\ngrounds for the application are given in writing to the detainee;\n(c) an application is made to the summary court for an order for further\ndetention of the person stating the period of time required, such period\nbeing not more than seventy-two hours; and\n(d) the summary court grants the order referred to in paragraphs (b) and (c).\n(6) The application made under subsection (5) shall be heard in the presence of the\ndetained person and where the court considers that there are reasonable grounds\nfor believing that \u2014\n(a) the detention of that person without charge is necessary to secure or\npreserve evidence relating to an offence for which that person is under\narrest or to obtain such evidence by questioning that person;\n(b) an offence for which that person is under arrest is an arrestable offence;\nand\n(c) the investigation is being conducted in a diligent and expeditious manner,\nit may order detention for a further period of up to seventy-two hours.\n(6A) The hearing under subsection (6) may be held in chambers where the court\nconsiders that it is in the interest of justice to do so.\n(6B) The person taken into custody or that person\u2019s legal representative may make\nsubmissions to the court in relation to an application under subsection (5).\n(7) Notwithstanding an application made under subsection (5) and an order granted\nunder subsection (6), where there are exceptional circumstances, a police officer\nmay make a further application to the court for an order of detention for a further\nperiod of twenty-four hours.\n(8) If, at the end of the periods of seventy-two hours and twenty-four hours referred\nto in subsections (6) and (7), the person is not charged, that person shall be\nreleased without further reference to the court, but may be re-arrested for the\noffence for which that person was previously arrested if new information\njustifying a further arrest has come to light since that person\u2019s release.\n(9) Wherever in subsections (3), (5), (6), (7) or (8) reference is made to a period of\nseventy-two or twenty-four hours, such reference shall be read and construed as\nallowing detention for a lesser period at a time so long as the total period of\ndetention under one authority does not exceed seventy-two or twenty- four hours\nas the case may be.\n\nSection 65\nPolice Act (2021 Revision)\n\nPage 60\nRevised as at 31st December, 2020\nc\n\n(10) Subject to subsection (11), a release on bail of a person under this section is a\nrelease on bail granted in accordance with the Bail Act (2015 Revision).\n(11) Nothing in the Bail Act (2015 Revision) prevents the re-arrest without warrant\nof a person released on bail subject to a duty to attend at a police station if new\nevidence justifying a further arrest has come to light since that person\u2019s release.\n(12) Subject to subsection (13), in this section references to \u201cbail\u201d are references to\nbail subject to a duty \u2014\n(a) to appear before the court at such time or place; or\n(b) to attend at such police station at such time, as the police officer granting\nbail appoints.\n(13) If a police officer has granted bail to a person subject to a duty to appear at a\npolice station, that police officer may give written notice to the person that that\nperson\u2019s attendance at the police station is no longer required.\n(14) If a person arrested for an offence was released on bail subject to a duty to attend\nat a police station and so attends, that person may be detained without charge in\nconnection with that offence only if the police officer who granted bail has\nreasonable grounds for believing that the person\u2019s detention is necessary \u2014\n(a) to secure or preserve evidence relating to the offence; or\n(b) to obtain such evidence by questioning that person.\n(15) The time from which the period of detention of a person is to be calculated shall\nbe \u2014\n(a) in the case of a person arrested outside of the Islands, the time at which\nthat person arrives at the first police station to which that person is taken\nwithin the Islands;\n(aa) in the case of a person who is either taken for medical treatment at the time\nof arrest or who is arrested while in a hospital, the time at which that person\narrives at the first police station to which that person is taken after that\nperson\u2019s arrest;\n(b) in the case of a person who attends voluntarily at a police station and is\narrested at the police station, the time of that person\u2019s arrest;\n(c) in the case of a person who accompanies a police officer to a police station\nwithout having been arrested and is arrested at the police station, the time\nof that person\u2019s arrest; or\n(d) in any other case, the time at which the person arrested arrives at the first\npolice station to which that person is taken after that person\u2019s arrest.\n(16) For the purposes of this section, where \u2014\n(a) a person in detention is taken from a police station to a hospital because\nthat person is in need of medical treatment; or\n\nPolice Act (2021 Revision)\nSection 66\n\nc\nRevised as at 31st December, 2020\nPage 61\n\n(b) a person is arrested while in a hospital,\nany time utilised by a police officer in questioning that person in the hospital,\non the way to the hospital or to the police station for the purpose of obtaining\nevidence relating to an offence, shall be included as part of the period of\ndetention and shall be recorded as such in the custody record as soon as is\npracticable.\n66.\nArrest by private citizen\n66. (1) Any private person may arrest any person who in that private person\u2019s view\ncommits an arrestable offence.\n(2) A person found committing an offence involving damage to property may be\narrested without a warrant by the owner of the property or that owner\u2019s\nemployees or persons authorised by that owner.\n(3) Where a private person arrests any person without a warrant, that private person\nshall without unnecessary delay deliver over the person so arrested to a police\nofficer or, in the absence of a police officer, shall take the person to the nearest\npolice station.\n(4) If there is reason to believe that such person comes within the provisions of\nsection 60, a police officer shall re-arrest that person.\n(5) If there is reason to believe that such person has committed an arrestable\noffence, and the person refuses on the demand of a police officer to give that\nperson\u2019s name and address, or the person gives a name or address which the\npolice officer has reason to believe to be false, that person shall be dealt with\nunder section 30, but if there is no reason to believe that that person has\ncommitted an offence that person shall at once be released.\n67.\nArrest elsewhere than at a police station\n67. (1) Where a person is, at any place other than a police station \u2014\n(a) arrested by a police officer for an offence; or\n(b) taken into custody by a police officer after being arrested for an offence by\na person other than a police officer,\nthe person shall be taken by a police officer to a police station as soon as\npracticable after the arrest.\n(2) Nothing in this section prevents a police officer delaying taking a person to a\npolice station if the presence of the person at a place, other than a police station,\nis necessary in order to carry out such investigations as it is reasonable to carry\nout immediately.\n(3) Where there is any delay the reasons for the delay shall be recorded when the\nperson first arrives at the police station.\n(4) Nothing in subsection (1) shall be taken to affect \u2014\n\nSection 68\nPolice Act (2021 Revision)\n\nPage 62\nRevised as at 31st December, 2020\nc\n\n(a) any provision of the Immigration (Transition) Act (2021 Revision); or\n(b) any provision of the Terrorism Act (2018 Revision).\n68.\nVoluntary attendance at the police station\n68. Where for the purpose of assisting with an investigation a person attends voluntarily\nat a police station or at any other place where a police officer is present or\naccompanies a police officer to a police station or any other place without having\nbeen arrested \u2014\n(a) the person shall be entitled to leave at will unless the person is placed under\narrest; or\n(b) the person shall be informed at once that the person is under arrest if a\ndecision is taken by a police officer to prevent that person from leaving at\nwill.\n69.\nCustody officers\n69. (1) The Commissioner may appoint one or more police officers as custody officers\nfor each police station where persons are kept in custody.\n(2) A police officer may not be appointed a custody officer unless that police officer\nis of at least the rank of Sergeant.\n(3) A police officer of any rank may perform the functions of a custody officer at a\npolice station if a custody officer is not readily available to perform them.\n(4) Subject to the following provisions of this section none of the functions of a\ncustody officer in relation to a person shall be performed by a police officer who\nat the time when the function falls to be performed is involved in the\ninvestigation of an offence for which that person is in police detention at\nthat time.\n(5) Nothing in subsection (4) is to be taken to prevent a custody officer from \u2014\n(a) performing any function assigned to a custody officer \u2014\n(i)\nby this Act; or\n(ii) by a rule of practice made under section 6(1)(c) of this Act;\n(b) doing anything in connection with the identification of a suspect; or\n(c) doing anything under section 85 of the Traffic Act (2021 Revision).\n(6) References to a custody officer in the following provisions of this Act include\nreferences to a police officer other than a custody officer who is performing the\nfunctions of a custody officer by virtue of subsection (3).\n(7) Where a person has been detained in custody, the custody officer shall as soon\nas is practicable after detention ensure that a written record is made of the\ngrounds for that person\u2019s detention and shall cause to be recorded any\nmovement of that detained person outside of the place of detention.\n\nPolice Act (2021 Revision)\nSection 70\n\nc\nRevised as at 31st December, 2020\nPage 63\n\n(8) Where a person has been taken into police custody, it shall be the duty of the\ncustody officer to inform such person whether the person is being \u2014\n(a) released; or\n(b) detained,\nas the case may be and the reasons therefor; including whether this is to enable\nthe Director of Public Prosecutions to make a decision under section 82 as to\nwhether the person should be prosecuted for the offence for which the person\nwas arrested.\n70.\nResponsibilities in relation to persons detained\n70. (1) Subject to subsections (2) and (4), it shall be the duty of the custody officer at a\npolice station to ensure \u2014\n(a) that all persons in police detention at that station are treated in accordance\nwith this Act and any rules of practice made under this Act relating to the\ntreatment of persons in police detention; and\n(b) that all matters relating to such persons which are required by this Act or\nby such rules of practice to be recorded are recorded in the custody records\nrelating to such persons.\n(2) If the custody officer, in accordance with any rules of practice issued under this\nAct, transfers or permits the transfer of a person in police detention \u2014\n(a) to the custody of a police officer investigating an offence for which that\nperson is in police detention; or\n(b) to the custody of a police officer who has charge of that person outside the\npolice station,\nthe custody officer shall cease in relation to that person to be subject to the duty\nimposed on that custody officer by subsection (1)(a); and it shall be the duty of\nthe police officer to whom the transfer is made to ensure that the person is\ntreated in accordance with the provisions of this Act and of any such rules of\npractice as are mentioned in subsection (1).\n(3) If the person detained is subsequently returned to the custody of the custody\nofficer, it shall be the duty of the police officer investigating the offence to report\nto the custody officer as to the manner in which this section and the rules of\npractice have been complied with while that person was in that police officer\u2019s\ncustody.\n(4) If an arrested juvenile is moved to the Department of Children and Family\nServices, the custody officer shall cease in relation to that person to be subject\nto the duty imposed on that custody officer by subsection (1).\n(5) Where \u2014\n\nSection 71\nPolice Act (2021 Revision)\n\nPage 64\nRevised as at 31st December, 2020\nc\n\n(a) a police officer of higher rank than the custody officer gives directions\nrelating to a person in police detention; and\n(b) the directions are at variance \u2014\n(i)\nwith any decision made or action taken by the custody officer in the\nperformance of a duty imposed on that custody officer under this\nPart; or\n(ii) with any decision or action which would but for the directions have\nbeen made or taken by that custody officer in the performance of such\nduty,\nthe custody officer shall refer the matter at once to a police officer of the rank\nof Superintendent or above who is responsible for the police station for which\nthe custody officer is acting as custody officer.\n71.\nSearches of detained persons\n71. (1) The custody officer at a police station shall ascertain everything which a person\nhas in that person\u2019s possession when the person is \u2014\n(a) brought to a station after being arrested elsewhere or after being committed\nto custody by an order or sentence of a court; or\n(b) arrested at the station or detained there.\n(2) The custody officer shall record or cause to be recorded all or any of the things\nwhich the custody officer ascertains under subsection (1).\n(3) In the case of an arrested person, any such record shall be made as part of that\nperson\u2019s custody record.\n(4) Subject to subsection (5), a custody officer may seize and retain any thing found\nto be in the possession of a detained person or cause any such thing to be seized\nand retained.\n(5) Clothes may only be seized if the custody officer \u2014\n(a) believes that the person from whom they are seized may use them \u2014\n(i)\nto cause physical injury to themselves or any other person;\n(ii) to damage property;\n(iii) to interfere with evidence; or\n(iv) to assist that person to escape; or\n(b) has reasonable grounds for believing that they may be evidence relating to\nan offence.\n(6) Subject to subsection (10), a person may be searched if the custody officer\nconsiders it necessary to enable the custody officer to carry out that custody\nofficer\u2019s duty under subsection (1) and to the extent that the custody officer\nconsiders necessary for that purpose.\n\nPolice Act (2021 Revision)\nSection 72\n\nc\nRevised as at 31st December, 2020\nPage 65\n\n(7) A person who is in custody at a police station or is in police detention otherwise\nthan at a police station may at any time be searched in order to ascertain whether\nthe person has with themselves anything which that person could use for the\npurposes specified in subsection (5)(a)(i) to (iv).\n(8) Subject to subsection (9), a police officer may seize and retain, or cause to be\nseized and retained anything found on such a search.\n(9) A police officer may only seize clothes in the circumstances specified in\nsubsection (5).\n(10) An intimate search may not be conducted under this section.\n(11) A search under this section shall be carried out by a police officer.\n(12) The police officer carrying out a search shall be of the same sex as the person\nsearched.\n72.\nSearches and examination to ascertain identity\n72. (1) If a police officer of at least the rank of Inspector authorises it, a person who is\ndetained in a police station may be searched or examined, or both \u2014\n(a) for the purpose of ascertaining whether the person has any mark that would\ntend to identify that person as a person involved in the commission of an\noffence; or\n(b) for the purpose of facilitating the ascertainment of that person\u2019s identity.\n(2) A police officer may only give an authorisation under subsection (1) for the\npurpose mentioned in paragraph (a) of that subsection if \u2014\n(a) the appropriate consent to a search or examination that would reveal\nwhether the mark in question exists has been withheld; or\n(b) it is not practicable to obtain such consent.\n(3) A police officer may only give an authorisation under subsection (1) in a case\nin which subsection (2) does not apply if \u2014\n(a) the person in question has refused to identify themselves; or\n(b) the police officer has reasonable grounds for suspecting that that person is\nnot who the person claims to be.\n(4) A police officer may give an authorisation under subsection (1) orally or in\nwriting but, if the police officer gives it orally, that police officer shall confirm\nit in writing as soon as practicable.\n(5) Any identifying mark found on a search or examination under this section shall\nbe photographed \u2014\n(a) with the appropriate consent; or\n(b) if the appropriate consent is withheld or it is not practicable to obtain,\nwithout it.\n\nSection 73\nPolice Act (2021 Revision)\n\nPage 66\nRevised as at 31st December, 2020\nc\n\n(6) Where a search or examination may be carried out under this section, or a\nphotograph may be taken under this section, the only persons entitled to carry\nout the search or examination, or to take the photograph, are police officers or\nsuch other persons approved in writing by the Commissioner.\n(7) A person may not under this section carry out a search or examination of a\nperson of the opposite sex or take a photograph of any part of the body of a\nperson of the opposite sex.\n(8) An intimate search may not be carried out under this section.\n(9) A photograph taken under this section \u2014\n(a) may be used by, or disclosed to, any person for any purpose related to the\nprevention or detection of crime, the investigation of an offence or the\nconduct of a prosecution; and\n(b) after being so used or disclosed, may be retained but may not be used or\ndisclosed except for a purpose so related.\n(10) In subsection (9) \u2014\n(a) the reference to crime includes a reference to any conduct which \u2014\n(i)\nconstitutes one or more criminal offences, whether under the law of\nthe Islands or of a country or territory outside of the Islands; or\n(ii) is, or corresponds to, any conduct which, if it all took place in any\npart of the Islands, would constitute one or more criminal\noffences; and\n(b) the references to an investigation and to a prosecution include references,\nrespectively, to any investigation outside the Islands of any crime or\nsuspected crime and to a prosecution brought in respect of any crime in a\ncountry or territory outside the Islands.\n(11) In this section \u2014\n(a) references to ascertaining a person\u2019s identity include references to showing\nthat the person is not a particular person; and\n(b) references to taking a photograph include references to using any process\nby means of which a visual image may be produced, and references to\nphotographing a person shall be construed accordingly.\n(12) In this section \u201cmark\u201d includes features and injuries; and a mark is an\nidentifying mark for the purposes of this section if its existence in any person\u2019s\ncase facilitates the ascertainment of that person\u2019s identity or that person\u2019s\nidentification as a person involved in the commission of an offence.\n73.\nIntimate searches\n73. (1) Subject to the following provisions of this section, if a police officer of at least\nthe rank of Inspector has reasonable grounds for believing \u2014\n\nPolice Act (2021 Revision)\nSection 73\n\nc\nRevised as at 31st December, 2020\nPage 67\n\n(a) that a person who has been arrested and is in police detention may have\nconcealed on that person anything which \u2014\n(i)\nthat person could use to cause physical injury to themselves or others;\nand\n(ii) that person might so use while that person is in police detention or in\ncustody or in court; or\n(b) that such a person may have a controlled drug concealed on themselves;\nthe police officer may authorise an intimate search of that person.\n(2) A police officer may not authorise an intimate search of a person for anything\nunless the police officer has reasonable grounds for believing that it cannot be\nfound without the person being intimately searched.\n(3) A police officer may give authorisation under subsection (1) orally or in writing\nbut, if the police officer gives it orally, that police officer shall confirm it in\nwriting as soon as is practicable.\n(4) An intimate search which is only a drug offence search shall be by way of\nexamination by a suitably qualified person.\n(5) Except as provided by subsection (4), an intimate search shall be by way of\nexamination by a suitably qualified person unless a police officer of at least the\nrank of Inspector considers that this is not practicable.\n(6) An intimate search which is not carried out as mentioned in subsection (5) shall\nbe carried out by a police officer.\n(7) A police officer may not carry out an intimate search of a person of the opposite\nsex.\n(8) An intimate search may not be carried out except \u2014\n(a) at a police station;\n(b) at a hospital;\n(c) at a registered medical doctor\u2019s surgery; or\n(d) at some other place used for medical purposes.\n(9) An intimate search which is only a drug offence search may not be carried out\nat a police station.\n(10) If an intimate search of a person is carried out, the custody record relating to the\nperson shall state \u2014\n(a) which parts of that person\u2019s body were searched; and\n(b) why they were searched.\n(11) The information required to be recorded by subsection (10) shall be recorded as\nsoon as practicable after the completion of the search.\n\nSection 74\nPolice Act (2021 Revision)\n\nPage 68\nRevised as at 31st December, 2020\nc\n\n(12) The custody officer at a police station may seize and retain anything which is\nfound on an intimate search of a person, or cause any such thing to be seized\nand retained \u2014\n(a) if the custody officer believes that the person from whom it is seized may\nuse it \u2014\n(i)\nto cause physical injury to themselves or any other person;\n(ii) to damage property;\n(iii) to interfere with evidence; or\n(iv) to assist that person to escape; or\n(b) if the custody officer has reasonable grounds for believing that it may be\nevidence relating to an offence.\n(13) Where anything is seized under this section, the person from whom it is seized\nshall be told the reason for the seizure unless the person is \u2014\n(a) violent or likely to become violent; or\n(b) incapable of understanding what is said to that person.\n(14) In this section \u2014\n\u201ccontrolled drug\u201d has the meaning assigned to it by section 2(1) of the Misuse\nof Drugs Act (2017 Revision);\n\u201cdrug offence search\u201d means an intimate search for a controlled drug which an\nofficer has authorised by virtue of subsection (1)(b); and\n\u201csuitably qualified person\u201d means \u2014\n(a) a registered medical doctor; or\n(b) a registered nurse.\n74.\nX-rays and ultrasound scans\n74. (1) If a police officer of at least the rank of Inspector has reasonable grounds for\nbelieving that a person who has been arrested for an offence and is in police\ndetention may have swallowed a controlled drug, the police officer may\nauthorise that an x-ray is taken of the person or an ultrasound scan is carried out\non the person or both.\n(2) An x-ray shall not be taken or an ultrasound scan shall not be carried out on a\nperson unless the appropriate consent has been given in writing.\n(3) If it is proposed that an x-ray is taken or ultrasound scan is carried out, a police\nofficer shall inform the person who is to be subject to it \u2014\n(a) of the giving of the authorisation for it; and\n(b) of the grounds for giving the authorisation.\n(4) An x-ray may be taken or an ultrasound scan carried out only by a suitably\nqualified person and only at \u2014\n\nPolice Act (2021 Revision)\nSection 75\n\nc\nRevised as at 31st December, 2020\nPage 69\n\n(a) a hospital;\n(b) a registered medical doctor\u2019s surgery; or\n(c) some other place used for medical purposes.\n(5) The custody record of the person shall also state \u2014\n(a) the authorisation by virtue of which the x-ray was taken or the ultrasound\nscan carried out;\n(b) the grounds for giving the authorisation; and\n(c) the fact that the appropriate consent was given.\n(6) The information required to be recorded by subsection (5) shall be recorded as\nsoon as practicable after the x-ray has been taken or ultrasound scan carried out,\nas the case may be.\n(7) If the appropriate consent to an x-ray or ultrasound scan of any person is refused\nwithout good cause, in any proceedings against that person for an offence \u2014\n(a) the court, in determining whether there is a case to answer; or\n(b) the court or jury, in determining whether that person is guilty of the offence\ncharged,\nmay draw such inferences from the refusal as appear proper.\n(8) In this section \u201ccontrolled drug\u201d and \u201csuitably qualified person\u201d have the\nsame meaning as in section 73.\n75.\nSearch upon arrest outside of police station\n75. (1) A police officer may search an arrested person, in any case where the person to\nbe searched has been arrested at a place other than a police station, if the police\nofficer has reasonable grounds for believing that the arrested person may present\na danger to themselves or others.\n(2) Subject to subsections (3) to (5), a police officer shall also have power in\nthat case \u2014\n(a) to search the arrested person for anything \u2014\n(i)\nwhich the arrested person might use to assist that arrested person to\nescape from lawful custody; or\n(ii) which might be evidence relating to an offence; and\n(b) to enter and search any premises without a warrant in which the arrested\nperson was when arrested or immediately before the arrested person was\narrested for evidence relating to the offence for which the arrested person\nwas arrested.\n(3) The power to search conferred by subsection (2) is only a power to search to the\nextent that is reasonably required for the purpose of discovering any such thing\nor any such evidence.\n\nSection 76\nPolice Act (2021 Revision)\n\nPage 70\nRevised as at 31st December, 2020\nc\n\n(4) The powers conferred by this section to search a person \u2014\n(a) are not to be construed as authorising a police officer to require a person\nto remove any more of that person\u2019s clothing in public than is reasonably\nnecessary; and\n(b) are to be construed as authorising a search of the person\u2019s mouth.\n(5) A police officer may not search a person in the exercise of the power conferred\nby subsection (2)(a) unless the police officer has reasonable grounds for\nbelieving that the person to be searched may have concealed on that person\nanything for which a search is permitted under that paragraph.\n(6) A police officer may not search premises in the exercise of the powers conferred\nby subsection (2)(b) unless the police officer has reasonable grounds for\nbelieving that there is evidence for which the search is permitted under that\nparagraph.\n(7) A police officer searching a person in the exercise of the power conferred by\nsubsection (1) may seize and retain anything the police officer finds, if the\npolice officer has reasonable grounds for believing that the person searched\nmight use it to cause physical injury to themselves or to any other person.\n(8) A police officer searching a person in the exercise of the power conferred by\nsubsection (2)(a) may seize and retain anything the police officer finds, if the\npolice officer has reasonable grounds for believing \u2014\n(a) that the person might use it to assist that person to escape from lawful\ncustody; or\n(b) that it is evidence of an offence or has been obtained in consequence of the\ncommission of an offence.\n(9) Nothing in this section shall be taken to affect the power conferred by the\nTerrorism Act (2018 Revision).\n(10) The search of a person under this section shall be carried out by a police officer\nof the same gender as that person.\n76.\nTape recording of interviews\n76. (1) The Commissioner shall \u2014\n(a) make a rule of practice in connection with the tape-recording of interviews\nof persons suspected of the commission of criminal offences which are\nheld by police officers at police stations; and\n(b) make an order requiring the tape-recording of interviews of persons\nsuspected of the commission of criminal offences, or of such descriptions\nof criminal offences as may be specified in the order, which are so held, in\naccordance with the rule as it has effect for the time being.\n(2) An order under subsection (1) shall be made subject to approval by the Cabinet.\n\nPolice Act (2021 Revision)\nSection 77\n\nc\nRevised as at 31st December, 2020\nPage 71\n\n77.\nVisual recording of interviews\n77. (1) The Commissioner shall \u2014\n(a) make a rule of practice for the visual recording of interviews held by police\nofficers at police stations; and\n(b) make an order requiring the visual recording of interviews so held, and\nrequiring the visual recording to be in accordance with the rule for the time\nbeing in force under this section.\n(2) A requirement imposed by an order under this section may be imposed in\nrelation to such cases or police stations in such areas, or both, as may be\nspecified or described in the order.\n(3) An order under subsection (1) shall be made subject to approval by the Cabinet.\n(4) In this section \u2014\n(a) references to an interview are references to an interview of a person\nsuspected of a criminal offence; and\n(b) references to a visual recording include references to a visual recording in\nwhich an audio recording is comprised.\n(5) Evidence obtained in the course of an interview shall not be rendered\ninadmissible by reason only of the fact that it has not been recorded in visual or\ntape recorded form.\n78.\nRebailing\n78. (1) Where a person is released on bail, a custody officer may subsequently appoint\na different time at which the person is required to attend at the police station to\nanswer bail.\n(2) The custody officer shall give the person notice in writing of the exercise of the\npower under subsection (1).\n(3) The exercise of the power under subsection (1) shall not affect the conditions,\nif any, to which bail is subject.\n(4) Where a person who is released on bail returns to a police station to answer bail\nor is otherwise in police detention at a police station, the person may be kept in\npolice detention to enable that person to be dealt with in accordance with section\n80 or to enable the power under subsection (1) to be exercised.\n(5) If the person is not in a fit state to enable that person to be dealt with or to enable\nthat power to be exercised, the person may be kept in police detention until the\nperson is.\n\nSection 79\nPolice Act (2021 Revision)\n\nPage 72\nRevised as at 31st December, 2020\nc\n\n79.\nPower of arrest for failure to answer to police bail\n79. (1) A police officer may arrest without a warrant any person who, having been\nreleased on bail under this Part subject to a duty to attend at a police station,\nfails to attend at that police station at the time appointed for that person to do\nso.\n(2) A person who has been released on bail under section 78 may be arrested\nwithout warrant by a police officer if the police officer has reasonable grounds\nfor suspecting that the person has broken any of the conditions of bail.\n(3) A person who is arrested under this section shall be taken to the police station\nappointed as the place at which the person is to surrender to custody as soon as\npracticable after the arrest.\n(4) For the purposes of sections 66 and 80 an arrest under this section shall be\ntreated as an arrest for an offence.\n80.\nArrest for further offence\n80. Where \u2014\n(a) a person \u2014\n(i)\nhas been arrested for an offence; and\n(ii) is at a police station in consequence of that arrest; and\n(b) it appears to a police officer that, if the person were released from that\narrest, the person would be liable to be arrested for some other offence,\nthat person shall be arrested for that other offence.\n81.\nGuidance\n81. (1) The Commissioner may issue guidance to custody officers as to how to carry\nout their functions under this Act and to all police officers as to the information\nrequired to be sent to the Director of Public Prosecutions under section 82.\n(2) The Commissioner may from time to time revise guidance issued under this\nsection.\n(3) The Commissioner shall publish, in the Gazette and a local newspaper \u2014\n(a) any guidance issued under this section, and\n(b) any revisions made to such guidance.\n(4) Guidance under this section may make different provision for different cases,\ncircumstances or areas.\n\nPolice Act (2021 Revision)\nSection 82\n\nc\nRevised as at 31st December, 2020\nPage 73\n\n82.\nInformation to be sent to the Director of Public Prosecutions for a\ndetermination\n82. (1) Where a person is released on bail or detained in custody, a police officer\ninvolved in the investigation of the offence shall, as soon as is practicable, send\nto the Director of Public Prosecutions all such information or evidence as has\nbeen obtained in the case.\n(2) The Director of Public Prosecutions shall decide whether the person should be\ncharged with an offence.\nPart V - Police Property\n83.\nDefinition of police property\n83. All property coming into the hands of a police officer in that person\u2019s capacity as a\npolice officer, with respect to which the owner has not been ascertained, shall be\nknown as police property.\n84.\nPerishable property\n84. The acquisition of police property of a perishable nature shall be reported without\ndelay to a Justice of the Peace who shall make such order as to its disposal as the\nJustice of the Peace shall, in that person\u2019s absolute discretion, deem proper.\n85.\nCourt exhibits\n85. All police property, including money, exhibited in court in any criminal or quasicriminal case shall, in the absence of any order of the court, remain police property.\n86.\nLost property to be surrendered to the police\n86. A person finding property appearing to be lost or accidentally abandoned shall\nsurrender that property to a police officer, if practicable at a police station, and the\nsurrender of the property shall be reported to the Commissioner who shall by\nadvertisement in the Gazette, a local newspaper and by any other available means\nendeavour to trace the owner of the property.\n87.\nLost property to be restored\n87. (1) Where a claim is made to police property and the Commissioner is satisfied that\nthe claimant is the true owner of that property, the property shall be restored to\nthe owner.\n(2) The rejection by the Commissioner of a claim to police property shall not\noperate as a bar to recovery of that property by the claimant by court process.\n\nSection 88\nPolice Act (2021 Revision)\n\nPage 74\nRevised as at 31st December, 2020\nc\n\n88.\nLost property remaining unclaimed\n88. Where, after the lapse of six months from the time of its being first held by the police,\nthe owner of the police property remains untraced, that property shall, if brought to\nthe police by a member of the public, be handed over to that member of the public\nand if brought in by a police officer shall, if it takes a form other than money currently\nin circulation, be sold by auction as hereinafter provided.\n89.\nSale by auction of police property\n89. (1) There shall be held in the months of January and July a public auction where all\nproperty to be sold pursuant to section 88 shall be disposed of.\n(2) The Commissioner or any other person the Commissioner may employ to sell\nthe property by auction shall \u2014\n(a) cause them to be exposed to public view;\n(b) cause catalogues of the property to be published; and\n(c) cause an advertisement giving notice of the property and containing a\nstatement of all plate, jewellery and other valuable property, if any, to be\ndisposed of pursuant to section 88 to be inserted in the Gazette and a local\nnewspaper at least one month before the day of the public auction.\n90.\nSale of police property bars further claims\n90. (1) The sale of police property under section 89 operates as a bar to a claim by a\nperson claiming to have been the owner of any interest in the property at the\ntime of the sale.\n(2) Subsection (1) does not operate as a bar to an action for damages against the\nCommissioner by a person claiming that the property in which that person had\nan interest has been sold in non-compliance with section 86, 88 or 89.\n91.\nWelfare Fund continued\n91. The Police Welfare Fund established under the repealed Police Law (2006 Revision)\nshall be continued under this Act and the following shall be paid into it \u2014\n(a) all the proceeds of sale of police property under section 89, after deducting\nthe expenses of sale, if any;\n(b) all money held after the lapse of six months under section 88;\n(c) all fines imposed upon and collected from police officers under powers\nconferred by this Act; and\n(d) all other authorised contributions.\n92.\nCustody and application of Welfare Fund\n92. (1) Subject to any regulations, the Welfare Fund shall be administered by the Police\nWelfare Committee, and may be applied for the purpose of \u2014\n\nPolice Act (2021 Revision)\nSection 93\n\nc\nRevised as at 31st December, 2020\nPage 75\n\n(a) assistance to the spouses or civil partners or families of a deceased police\nofficer or special constable, or to any police officer or special constable\ndischarged from the Service as medically unfit for further service;\n(b) payment to a police officer or special constable as rewards for meritorious\nacts or service in the execution of duty, where such payments are not met\nfrom public funds;\n(c) expenditure for the benefit and advancement of authorised recreation and\nsport and other branches of police activity organised within the\nService; and\n(d) any other purpose which the Police Welfare Committee considers to be for\nthe general welfare of police officers or special constables.\n(2) The Police Welfare Fund shall be subject to an annual audit.\n93.\nVoluntary contributions to Welfare Fund\n93. The Police Welfare Committee may accept voluntary contributions to the Welfare\nFund, either from police officers or members of the public.\nPart VI - Discipline\n94.\nSuspension or interdiction of police officers\n94. (1) A police officer suspended or interdicted under the terms of that police officer\u2019s\ncontract of service or under section 95 shall not by reason alone of such\nsuspension or interdiction cease to be a police officer.\n(2) Where a police officer is suspended or interdicted the powers, privileges and\nbenefits vested in that person as a police officer shall be in abeyance during the\nperiod of that person\u2019s suspension or interdiction but the police officer shall\nremain subject to the same responsibilities, discipline and penalties and to the\nsame authority as if the police officer had not been suspended or interdicted.\n95.\nInterdiction of police officers\n95. (1) The Governor may, interdict from duty the Commissioner, Deputy\nCommissioner or Assistant Commissioner, pending any investigation or inquiry\ninto, or trial of, any offence under this or any other Law and pending the\ndetermination of any appeal, arising from that investigation, inquiry or trial.\n(2) The Commissioner may, interdict from duty any police officer, not being a\npolice officer of the rank of Deputy Commissioner or Assistant Commissioner,\npending any investigation or inquiry into, or trial of, any offence under this or\nany other Law and pending the determination of any appeal, arising from that\ninvestigation, inquiry or trial.\n\nSection 96\nPolice Act (2021 Revision)\n\nPage 76\nRevised as at 31st December, 2020\nc\n\n(3) A police officer interdicted from duty under this section shall be entitled to\nreceive full pay in respect of the period of interdiction.\n96.\nSerious offences by police officers\n96. (1) A police officer who \u2014\n(a) begins, excites, causes or joins in any mutiny or sedition amongst the\nService, or does not use that police officer\u2019s utmost endeavours to suppress\nsuch mutiny or sedition coming to that police officer\u2019s knowledge, or\nconspires with any other person to cause any mutiny or sedition, or being\ncognisant of any mutiny or sedition, or intended mutiny or sedition, does\nnot without delay give that information to a senior officer; or\n(b) strikes or offers violence to a senior officer,\ncommits an offence and is liable on summary conviction to imprisonment for\nthree years.\n(2) A police officer present at any assemblage tending to riot, who does not use that\npolice officer\u2019s utmost endeavours to suppress such assemblage, commits an\noffence and is liable on summary conviction to a fine of three thousand dollars\nor to imprisonment for one year, or to both.\n(3) A police officer who, absents themselves from duty without leave or reasonable\ncause for a period exceeding twenty-eight days, shall, unless the contrary is\nproved, be considered to have had the intention not to return to the Service and\nshall be struck off the strength.\n97.\nOffences against discipline\n97. (1) A police officer who commits an offence against discipline as may be prescribed\nunder this Act shall be liable to such penalty or punishment as may be\nprescribed.\n(2) Notwithstanding subsection (1) \u2014\n(a) nothing in this section shall be construed to exempt a police officer from\nbeing proceeded against for an offence by any other process of law; and\n(b) a police officer shall not be punished twice for the same offence.\n98.\nPower to arrest police officers\n98. (1) A police officer may arrest without warrant a police officer of a rank lower who\nis accused of an offence against discipline under this Act.\n(2) A police officer, other than a commanding officer, effecting an arrest under\nsubsection (1), shall forthwith bring the accused person before the commanding\nofficer or, in the absence of the commanding officer, before the most senior\nofficer available.\n\nPolice Act (2021 Revision)\nSection 99\n\nc\nRevised as at 31st December, 2020\nPage 77\n\n99.\nTrial and punishment of offences against discipline for police officers other\nthan the Commissioner, Deputy Commissioner and Assistant Commissioner\n99. (1) Any offence against discipline not arising from a complaint made by a member\nof the public may be inquired into and dealt with by the Commissioner, or any\nother police officer authorised by the Commissioner.\n(2) The Commissioner shall have the power to impose any one or more of the\nfollowing punishments \u2014\n(a) reprimand;\n(b) severe reprimand;\n(c) a fine not exceeding ten days\u2019 pay;\n(d) reduction in rank or seniority; and\n(e) discharge, that is immediate termination of service and of membership of\nthe Service.\n(3) Where the Commissioner authorises a police officer to inquire into and deal with\nan offence against discipline, that officer shall have power to impose the\nfollowing punishments \u2014\n(a) reprimand; and\n(b) a fine not exceeding five days\u2019 pay.\n(4) A police officer shall not be convicted of an offence against discipline unless\nthe charge has been read and inquired into in that police officer\u2019s presence and\nthe police officer has been given sufficient opportunity to make the police\nofficer\u2019s defence to the charge.\n(5) Where the Commissioner authorises a police officer to inquire into and deal with\nan offence against discipline, the Commissioner may review those disciplinary\nproceedings.\n(6) Upon review, the Commissioner, if the Commissioner thinks that such\nproceedings ought to be revised, may \u2014\n(a) quash the finding;\n(b) alter the finding and find the accused guilty of another offence;\n(c) with or without altering the finding \u2014\n(i)\nreduce or increase the punishment; and\n(ii) with or without such reduction or increase, alter the nature of the\npunishment; or\n(d) remit the proceedings to the police officer who heard them, or to another\npolice officer, for re-hearing.\n(7) The Commissioner shall not \u2014\n\nSection 100\nPolice Act (2021 Revision)\n\nPage 78\nRevised as at 31st December, 2020\nc\n\n(a) impose any punishment which the police officer who conducted the\nproceedings was not empowered to impose; or\n(b) increase any punishment without giving the person to be punished an\nopportunity of making representations either orally or in writing as the\nCommissioner may decide.\n(8) A police officer upon whom a punishment is inflicted which entitles that police\nofficer to appeal under section 101 shall, at the time when such punishment is\nimposed, be informed of that police officer\u2019s right of appeal.\n100. Trial and punishment of offences against discipline for the Commissioner,\nDeputy Commissioner and Assistant Commissioner\n100. (1) Any offence against discipline not arising from a complaint made by a member\nof the public in which the police officer accused is of the rank of Commissioner,\nDeputy Commissioner or Assistant Commissioner may be inquired into and\ndealt with by the Governor.\n(2) The Governor shall have the power to impose any one or more of the following\npunishments \u2014\n(a) reprimand;\n(b) severe reprimand;\n(c) a fine not exceeding ten days\u2019 pay;\n(d) reduction in rank or seniority; and\n(e) discharge, that is immediate termination of service and of membership of\nthe Service.\n(3) A Commissioner, Deputy Commissioner or Assistant Commissioner shall not\nbe convicted of an offence against discipline unless the charge has been read\nand inquired into in that police officer\u2019s presence and that police officer has\nbeen given sufficient opportunity to make that police officer\u2019s defence to the\ncharge.\n(4) A Commissioner, Deputy Commissioner or Assistant Commissioner upon\nwhom a punishment is inflicted which entitles that police officer to appeal under\nsection 101 shall, at the time when such punishment is imposed, be informed of\nthat police officer\u2019s right of appeal.\n101. Appeals\n101. (1) A police officer of the rank of \u2014\n(a) Inspector;\n(b) Chief Inspector;\n(c) Superintendent; and\n(d) Chief Superintendent,\n\nPolice Act (2021 Revision)\nSection 101\n\nc\nRevised as at 31st December, 2020\nPage 79\n\nupon whom the Commissioner has imposed any punishment which includes \u2014\n(i)\nreduction in rank; or\n(ii) discharge,\nmay appeal in the manner provided in this section to the Governor against either\nthe finding or the punishment or both.\n(2) A police officer of the rank of \u2014\n(a) Constable; or\n(b) Sergeant,\nupon whom the Commissioner has imposed any punishment which includes \u2014\n(i)\nreduction in rank; or\n(ii) discharge,\nmay appeal in the manner provided in this section to the Deputy Governor\nagainst either the finding or the punishment or both.\n(3) A police officer upon whom the Commissioner has imposed any punishment\nother than reduction in rank or discharge may appeal in the manner provided in\nthis section to the Chief Officer of the Ministry of Employment and Border\nControl against either the finding or the punishment or both.\n(4) There shall be an Appeals Advisory Panel comprised of \u2014\n(a) the Chief Officer of the Ministry of Employment and Border Control;\n(b) a Justice of the Peace; and\n(c) a person with past experience in the uniform services of the Islands,\nwho shall advise the Governor or Deputy Governor, as the case may be, in\nrelation to appeals for offences of discipline.\n(5) The Governor or Deputy Governor, after consultation with the Appeals\nAdvisory Panel, may confirm, set aside or vary the findings of the\nCommissioner and confirm, set aside, reduce, suspend or otherwise vary any\npunishment imposed.\n(6) Nothing in subsection (1), (2) or (3) shall be construed as empowering the award\nof any greater punishment than could have been awarded by the Commissioner.\n(7) A police officer may appeal under subsection (1) or (2) by lodging with the\nChief Officer of the Ministry of Employment and Border Control, within\nfourteen days after imposition of the punishment, a written statement of that\npolice officer\u2019s intention to appeal and of the grounds of the appeal.\n(8) The Governor or Deputy Governor, as the case may be, may extend the time\nwithin which an appeal may be lodged under subsection (1) or (2).\n(9) A police officer may appeal under subsection (3) by lodging with the Deputy\nChief Officer of the Ministry of Employment and Border Control, within\n\nSection 102\nPolice Act (2021 Revision)\n\nPage 80\nRevised as at 31st December, 2020\nc\n\nfourteen days after imposition of the punishment, a written statement of that\npolice officer\u2019s intention to appeal and of the grounds of the appeal.\n(10) The Chief Officer of the Ministry of Employment and Border Control may\nconfirm, set aside or vary the findings of the Commissioner and confirm, set\naside, reduce, suspend or otherwise vary any punishment imposed.\n(11) Where the police officer is an officer of the rank of Commissioner, Deputy\nCommissioner or Assistant Commissioner upon whom the Governor has\nimposed any punishment, that police officer may appeal to the Grand Court\nagainst the punishment.\n102. Power to summon witnesses\n102. (1) The \u2014\n(a) Commissioner inquiring into or reviewing an offence against discipline;\n(b) police officer authorised by the Commissioner to inquire into an offence\nagainst discipline;\n(c) Governor inquiring into an offence against discipline or disposing of an\nappeal under section 101;\n(d) Deputy Governor disposing of an appeal under section 101; or\n(e) Chief Officer of the Ministry of Employment and Border Control for the\npurpose of disposing of an appeal under section 101,\nshall have power to summon and examine witnesses on oath or affirmation and\nto require the production of all documents relevant to the inquiry or appeal, and\nto adjourn the proceedings from time to time.\n(2) A person who, having been summoned as a witness pursuant to subsection (l) \u2014\n(a) upon proof of service, fails to attend at the time and place mentioned in the\nsummons;\n(b) fails to attend at an adjournment; or\n(c) refuses to answer any question lawfully put to that person,\ncommits an offence and is liable on summary conviction to a fine of five\nhundred dollars or to imprisonment for one month or to both.\n(3) A witness summoned pursuant to subsection (1) shall not be obliged to answer\nany question which may tend to incriminate that person or render that person\nliable to any forfeiture or penalty.\n\nPolice Act (2021 Revision)\nSection 103\n\nc\nRevised as at 31st December, 2020\nPage 81\n\n103. Procedure in cases of grave or repeated offences\n103. (1) In any case where a police officer has, upon inquiry, been found to have\ncommitted an offence against discipline and where it appears to the police\nofficer conducting the inquiry that, by reason of the gravity of the offence or by\nreason of previous offences or for any other reason, the offender would not be\nadequately punished by any of the punishments that police officer is empowered\nto impose, the police officer conducting the inquiry shall record any statement\nwhich the offender wishes to make in explanation or mitigation and shall stay\nthe proceedings and transmit them to the Commissioner, and the Commissioner\nmay impose such punishment as the Commissioner deems to be warranted or\nthe Commissioner may direct that the case be dealt with by the police officer\nwho transmitted it.\n(2) Where no statement in explanation or mitigation has been recorded, the\nCommissioner shall give the offender an opportunity of making representations\nto that Commissioner either orally or in writing as the Commissioner shall\ndirect.\n104. Discharge or reduction in rank of police officers convicted by a court\n104. (1) The Commissioner may reduce in rank or discharge from the Service a police\nofficer, who has been convicted by a court in respect of an offence, whether\nagainst this Act or otherwise, unless that police officer has successfully appealed\nfrom that conviction,\n(2) A police officer who is aggrieved by an order made under subsection (1) by the\nCommissioner may appeal to the Governor under section 101.\n105. Admonishment and reprimand\n105. Notwithstanding anything to the contrary contained in this Act or elsewhere, the\nCommissioner may admonish or reprimand a police officer for minor misconduct.\n106. Fines recoverable by stoppage of pay\n106. (1) Fines imposed on police officers for offences against discipline may be\nrecovered by the stoppage of pay.\n(2) The amount of stoppage in respect of a fine or for any other cause authorised by\nthis Act shall be in the discretion of the police officer imposing the fine or\nauthorising the order of stoppage, as the case may be, but shall in no case exceed\none-third of the offender\u2019s monthly pay; and whenever more than one order of\nstoppage is in force against a police officer the total amount of stoppage shall\nnot exceed one-third of that police officer\u2019s monthly pay.\n(3) Where more than one order of stoppage is made upon a police officer, the\nenforcement of orders later in date shall, if necessary, be postponed until the\nearlier orders have been discharged.\n\nSection 107\nPolice Act (2021 Revision)\n\nPage 82\nRevised as at 31st December, 2020\nc\n\n107. Loss or damage to arms or equipment to be made good by stoppage of pay\n107. (1) If a police officer pawns, sells, loses by neglect, makes away with or wilfully or\nby neglect damages any arms, equipment, clothing or other appointments\nsupplied to that police officer or any Government property committed to that\npolice officer\u2019s charge that police officer may, in addition to or in lieu of any\nother punishment, be ordered to make good, either partially or wholly, the\namount of such loss or damage, and the amount may be recovered by stoppage\nfrom that police officer\u2019s pay, subject to section 106(2) and (3).\n(2) An order under subsection (1) shall not be enforced at a rate exceeding one-third\nof the officer\u2019s monthly pay unless the police officer volunteers to pay the\namount in full or at a higher rate.\n108. Pay not to accrue during absence without leave or imprisonment\n108. (1) Where a police officer is unlawfully absent from duty without leave, or is\nundergoing any sentence of imprisonment for any offence in respect of any\nperiod exceeding twenty-four hours, pay shall not accrue to that police officer.\nPart VII \u2013 Repealed\n109. Repealed\n109. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n110. Repealed\n110. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n111. Repealed\n111. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n112. Repealed\n112. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n113. Repealed\n113. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n\nPolice Act (2021 Revision)\nSection 114\n\nc\nRevised as at 31st December, 2020\nPage 83\n\n114. Repealed\n114. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n115. Repealed\n115. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n116. Repealed\n116. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n117. Repealed\n117. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n118. Repealed\n118. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n119. Repealed\n119. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n120. Repealed\n120. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n121. Repealed\n121. Repealed by section 17(1)(b) of the Police (Complaints by the Public) Act, 2017\n[Law 22 of 2017].\n\nSection 122\nPolice Act (2021 Revision)\n\nPage 84\nRevised as at 31st December, 2020\nc\n\nPart VIII - General Offences and Penalties\n122. Unlawful possession of articles supplied to police officers\n122. A person who, not being a police officer or special constable, is found in possession\nof an article which has been supplied to a police officer or special constable for the\nexecution of that police officer\u2019s duty, or any medal or decoration granted to a police\nofficer or special constable for service or good conduct, and who fails to account\nsatisfactorily for the possession thereof, or who without due authority purchases or\nreceives any such article, medal or decoration from a police officer or special\nconstable or who aids or abets a police officer or special constable to sell or dispose\nof any such article, medal or decoration, commits an offence and is liable on summary\nconviction to a fine of one thousand dollars or to imprisonment for six months, or\nto both.\n123. Penalty for assaulting, obstructing, a police officer, et al.\n123. A person who \u2014\n(a) assaults any person with intent to commit an offence or to resist or prevent\nthe lawful apprehension or detention of themselves or another for any\noffence;\n(b) assaults, obstructs or resists a police officer acting in the execution of that\npolice officer\u2019s duty or a person acting in aid of that police officer;\n(c) assaults or obstructs any person engaged in the lawful execution of process\nor in making a lawful distress with intent to rescue any property lawfully\ntaken under such process or distress;\n(d) assaults any person on account of any act done by that person in the\nexecution of a duty imposed on that person by law;\n(e) aids or incites any person to assault, obstruct or resist a police officer acting\nin the execution of that police officer\u2019s duty;\n(f)\nwhen called upon to do so, refuses to assist a police officer in the execution\nof that police officer\u2019s duty; or\n(g) wilfully misleads or attempts to mislead a police officer by giving false\ninformation with intent to defeat or delay the ends of justice,\ncommits an offence and is liable on summary conviction to a fine of five\nthousand dollars or to imprisonment for two years, or to both.\n124. Penalty for making false report of commission of offence, etc.\n124. A person who knowingly makes or causes to be made to a police officer a false report\nof the commission of any offence commits an offence and is liable on summary\nconviction to a fine of three thousand dollars or to imprisonment for one year, or to\nboth.\n\nPolice Act (2021 Revision)\nSection 125\n\nc\nRevised as at 31st December, 2020\nPage 85\n\n125. Penalty for causing disaffection, etc.\n125. (1) A person who causes or attempts to cause or does an act calculated to cause\ndisaffection amongst police officers or special constables or induces or attempts\nto induce or does any act calculated to induce a police officer or special\nconstable to withhold that police officer\u2019s or special constable\u2019s services or to\ncommit any breach of discipline commits an offence and is liable on summary\nconviction to a fine of five thousand dollars or to imprisonment for two years,\nor to both.\n(2) A police officer of at least the rank of Inspector may, without warrant, arrest a\nperson who is reasonably suspected of having committed an offence under\nsubsection (1).\n126. Penalty for disorderly conduct in police station, etc.\n126. A person who in any police station, police post or cell, or in any part of a police\ncompound or premises commits any riotous, indecent, disorderly or insulting\nbehaviour is liable on summary conviction to a fine of one thousand dollars or to\nimprisonment for six months, or to both.\n127. Power to prosecute under other laws unaffected\n127. (1) Nothing in this Act shall exempt any person from being proceeded against under\nany other law, in respect of any offence made punishable by this Act, or from\nbeing liable under any other law to any other higher penalty or punishment than\nis provided for such an offence by this Act.\n(2) A person shall not be punished twice for the same offence.\nPart IX - Special Constabulary\n128. Special Constabulary continued\n128. (1) The provision for a force of special constables shall continue and such force\nshall be known as the Special Constabulary.\n(2) The members of the Special Constabulary shall be known as special constables.\n129. Composition of Special Constabulary\n129. The Special Constabulary shall consist of such special constables as the\nCommissioner may appoint.\n130. Commissioner to command Special Constabulary\n130. The Commissioner shall have the command, superintendence and direction of the\nSpecial Constabulary.\n\nSection 131\nPolice Act (2021 Revision)\n\nPage 86\nRevised as at 31st December, 2020\nc\n\n131. Declaration on appointment Schedule 1\n131. (1) Every special constable shall, on being appointed, make before a senior officer\na declaration on oath or affirmation in the form prescribed in Schedule 1.\n(2) Every special constable shall, on being appointed, have \u2014\n(a) their fingerprints taken and recorded on the form prescribed in\nSchedule 2; and\n(b) such other sample, whether intimate or not, taken.\n132. Certificate of identity\n132. An identity card, in the form prescribed in Schedule 1, signed by the Commissioner\nor by any senior officer authorised by the Commissioner in that behalf, shall be issued\nto every special constable and shall be evidence of that special contable\u2019s\nappointment.\n133. Training and duties\n133. The Commissioner may call upon any special constable to carry out training and parttime duties of such nature and for such periods as the Commissioner considers fit.\n134. Calling out for service\n134. (1) For any purpose connected with the peace and good order of the Islands the\nCommissioner may, with the prior approval of the Governor, by order, call out\nthe Special Constabulary or any part or member thereof for service and such\nservice shall continue until an order is made by the Commissioner, with the prior\napproval of the Governor, specifying the date of the termination of such service.\n(2) For the purpose of assisting the Service, the Commissioner may by departmental\norder call out the Special Constabulary or any part or member thereof for duty\nfor a period to be specified in such order.\n(3) Notwithstanding anything contained in subsection (1), the Commissioner may\ndirect any members called out for service or duty \u2014\n(a) to stand down from service or duty; and\n(b) to report back for service or duty at such places and on such dates and at\nsuch times as may be directed.\n(4) On receipt of a direction under paragraph (a) of subsection (3), such member\nshall be deemed to have ceased to be engaged on service and, on receipt of a\ndirection under paragraph (b) of that subsection, such member shall be\nconsidered to have been called out in pursuance of a new order under\nsubsection (1).\n(5) A special constable on being called out for service under this section who,\nrefuses or neglects so to serve commits an offence and is liable on summary\nconviction to a fine of one thousand dollars or to imprisonment for six months,\n\nPolice Act (2021 Revision)\nSection 135\n\nc\nRevised as at 31st December, 2020\nPage 87\n\nor to both, unless the special constable satisfies the court that that special\nconstable was prevented by sickness or such other unavoidable cause as may in\nthe opinion of the court be sufficient excuse.\n135. Powers, privileges and protection of special constables\n135. (1) A special constable while on duty or during training shall have the same powers,\nprivileges, other than rights under the Public Service Pensions Act (2021\nRevision) except as provided in section 140 of this Law, and protection as a\npolice officer and shall be liable to perform the same duties as a police officer.\n(2) Every special constable shall be subordinate to the same authorities as a police\nofficer and to special constables of senior rank or service to themselves.\n136. Pay and allowances, etc.\n136. (1) Subject to subsection (2), special constables shall serve voluntarily and shall not\nbe entitled to claim or receive any remuneration for their services other than\nsuch allowances and gratuity payable from public funds as may from time to\ntime be prescribed.\n(2) A special constable, when called out for service under section 134, shall receive\nsuch pay and allowance as may be prescribed by order by the Governor.\n137. Clothing and equipment\n137. The Commissioner may, from such public funds as may be approved for that purpose,\nprovide for the use of special constables such equipment, clothing and appointments\nas are necessary for the proper carrying out of the duties of their office.\n138. Offences against discipline by a special constable\n138. (1) A special constable who commits an offence against discipline as prescribed\nunder this Act is liable to such penalty or punishment as provided in section 139.\n(2) Notwithstanding the provisions of subsection (1) \u2014\n(a) nothing in this section shall be construed to exempt any special constable\nfrom being proceeded against for an offence by any other process of\nlaw; and\n(b) a special constable shall not be punished twice for the same offence.\n139. Trial and penalties for offences against discipline by a special constable\n139. (1) For the purpose of the trial of offences by special constables against discipline,\nthe Commissioner, or any senior officer or special constable of or above the rank\nof Assistant Superintendent duly authorised by the Commissioner, shall have\npower to impose any of the following punishments \u2014\n(a) reprimand;\n(b) severe reprimand;\n\nSection 140\nPolice Act (2021 Revision)\n\nPage 88\nRevised as at 31st December, 2020\nc\n\n(c) reduction in rank; or\n(d) discharge.\n(2) A punishment of reduction in rank or discharge imposed on a special constable\npursuant to subsection (1) shall not take effect until confirmation by the\nCommissioner, who may confirm, vary or quash the punishment so imposed.\n(3) A special constable shall not be convicted of an offence against discipline unless\nthe charge has been read and inquired into in the special constable\u2019s presence\nand the special constable has been given sufficient opportunity to make that\nspecial constable\u2019s defence to the charge.\n(4) A special constable upon whom a punishment is imposed shall, at the time when\nsuch punishment is imposed, be informed of that special constable\u2019s right of\nappeal and the provisions of section 101 shall apply subject to the necessary\nmodifications.\n140. Illness, injury or death\n140. (1) If a special constable is temporarily incapacitated by reason of any wound or\ninjury received or sickness contracted by that special constable in the\nperformance of any duty or training by that special constable under this Act and\nthe wound or injury is received or the sickness is contracted in the actual\ndischarge of that special constable\u2019s duty as a special constable and without the\nspecial constable\u2019s own default, the special constable shall be eligible to receive\nsuch free medical treatment and such pay or allowances as the Governor may\napprove.\n(2) If a special constable receives any permanent disablement attributable to any\nwound or injury received or sickness contracted by that special constable in the\ncircumstances referred to in subsection (1), the Governor, in the Governor\u2019s\ndiscretion, may, out of funds made available by the Cayman Islands Parliament,\naward to that special constable a gratuity as the Governor considers just.\n(3) If a special constable is killed or dies as a result of any wound or injury received\nor sickness contracted by that special constable in the circumstances referred to\nin subsection (1), the Governor, in the Governor\u2019s discretion, may allocate from\nany fund available for that purpose, a grant to the dependants of that special\nconstable of an allowance as the Governor considers just.\n(4) An award shall not be made to a special constable or to a dependant of a special\nconstable under subsection (2) or (3) if that special constable or that dependant\nis eligible to receive a gratuity, pension or other allowance in respect of the same\ndisablement or death under the Public Service Pensions Act (2021 Revision).\n(5) A special constable shall not, in respect of that special constable\u2019s appointment\nas such, be regarded as a workman for the purpose of the Workmen\u2019s\nCompensation Act (1996 Revision).\n\nPolice Act (2021 Revision)\nSection 141\n\nc\nRevised as at 31st December, 2020\nPage 89\n\n(6) A gratuity, allowance or any compensation paid under this section shall not be\nassignable or transferable nor liable to be attached, sequestered or levied upon\nexcept for the purpose of satisfying \u2014\n(a) a debt due to the Crown; or\n(b) an order of any court for the payment of periodical sums of money towards\nthe maintenance of the spouse or civil partner or former spouse or civil\npartner or minor child of the person to whom the gratuity or other\nallowance has been granted.\n141. Termination of appointment\n141. (1) A special constable may resign that special constable\u2019s appointment at any time\nby giving one month\u2019s notice in writing to the Commissioner, but the\nCommissioner may waive the provisions of this subsection regarding the period\nof notice to be given.\n(2) The Commissioner, subject to such consultation as may be necessary under\nsection 129 in relation to the appointment of the special constable concerned,\nmay terminate the appointment of a special constable whose services are no\nlonger required, and shall forthwith give notice of the termination in writing to\nthe special constable concerned.\n(3) A special constable shall, within one week of that special constable\u2019s resignation\nor of the receipt of the notice terminating that special constable\u2019s appointment\nunder subsection (2), deliver up at the time and place and to the person stated in\nthe notice of termination, or to one of that special constable\u2019s senior officers,\nthat special constable\u2019s identity card and all arms, equipment, clothing and\nappointments whatsoever which have been supplied to that special constable\nunder this Act and which are the property of the Government.\n(4) An ex-special constable who, having ceased to belong to the Special\nConstabulary, fails without good cause to comply with subsection (3) commits\nan offence and is liable on summary conviction to a fine of one thousand dollars\nor to imprisonment for six months, or to both.\nPart X - Miscellaneous\n142. Special duty and fees chargeable\n142. (l) On the application of any person, the Commissioner may, if the Commissioner\nthinks fit, detail a police officer to perform special police services in, upon or\nabout any place, premises, business or vessel specified by the applicant.\n(2) The applicant shall pay to the Commissioner for the services of that police\nofficer so detailed under subsection (1), such fees as may be prescribed from\n\nSection 143\nPolice Act (2021 Revision)\n\nPage 90\nRevised as at 31st December, 2020\nc\n\ntime to time or, if and so far as no such fees have been prescribed, as the\nCommissioner may think fit.\n(3) All fees received by the Commissioner under this section shall be paid by the\nCommissioner into the Welfare Fund forthwith, and every sum of money due\nfor such services shall be considered a debt due to the Crown and be recoverable\nby the Commissioner by summons returnable in the summary court.\n143. Compensation for damage\n143. If the property of a police officer or special constable is damaged during the\nperformance of any duty or training by that police officer or special constable under\nthis Act, that property being damaged without that police officer\u2019s or that special\nconstable\u2019s default and on account of circumstances specifically attributable to the\nnature of that police officer\u2019s or that special constable\u2019s duties as such, that police\nofficer shall be compensated out of public funds upon a scale assessed by the\nCommissioner.\n144. Police clearance certificate\n144. (1) A person shall apply for a police clearance certificate in the prescribed form.\n(2) An application for a police clearance certificate shall be accompanied by \u2014\n(a) a statutory declaration stating the full name, address and occupation of the\napplicant, including particulars of any aliases and change of name by\nmarriage or civil partnership or deed poll;\n(b) fingerprints; and\n(c) the prescribed application fee,\nand any other relevant information which may be requested.\n(3) Where a person makes a false declaration on an application for a police\nclearance certificate, that person commits an offence and is liable on summary\nconviction to a fine of three thousand dollars or to imprisonment for one year,\nor to both.\n(4) Upon a satisfactory application being made, the relevant police clearance\ncertificate shall be issued in the prescribed form.\n(5) Where fingerprints have been taken pursuant to an application under this\nsection, such fingerprints shall be destroyed or handed over to the applicant at\nthe applicant\u2019s option.\n\nPolice Act (2021 Revision)\nSection 145\n\nc\nRevised as at 31st December, 2020\nPage 91\n\n145. Police Legal Protection Fund\n145. (1) There is hereby established a Police Legal Protection Fund, the funds of which\nshall be applied for the purpose of providing assistance towards the payment of\nlegal fees or associated costs in relation to the defence of a legal action brought\nagainst a police officer for any prescribed act committed while the police officer\nwas on duty.\n(2) Subject to any regulations, the Police Legal Protection Fund shall be\nadministered by the Police Welfare Committee.\n(3) The Police Welfare Committee may accept voluntary contributions to the Police\nLegal Protection Fund, either from police officers or members of the public.\n(4) The Police Legal Protection Fund shall be subject to an annual audit.\n146. Regulations\n146. (1) The Cabinet may make regulations for the good order and government of the\nService and for carrying into effect any of the purposes or provisions of this Act\nincluding the following \u2014\n(a) the numerical establishment of the Service, the conditions of service and\nthe various grades, ranks and appointments therein;\n(b) the duties to be performed by police officers and for their guidance in the\ndischarge of such duties;\n(c) pay, retirement benefits and allowances;\n(d) the description and issue of arms, accoutrements, uniforms and necessaries\nto be supplied;\n(e) the control, administration and application of the Welfare Fund;\n(f)\nthe control, administration and application of the Police Legal\nProtection Fund;\n(g) discipline and disciplinary procedure;\n(h) police identification including measurements, fingerprints, palm prints,\nphotographs and the records thereof;\n(i)\ncourt procedure;\n(j)\nthe interrogation of suspects and witnesses;\n(k) the establishment and management of criminal investigation, traffic, drug\ndetection and special branch duties;\n(l)\nthe establishment and maintenance of police books and records;\n(m) the care of arms, stores, furniture and equipment;\n(n) the wearing of uniform and badges of rank;\n(o) ceremonial drill and parades;\n(p) the care and sale of police property;\n\nSection 147\nPolice Act (2021 Revision)\n\nPage 92\nRevised as at 31st December, 2020\nc\n\n(q) the role of the police in assisting the fire service;\n(r)\nthe control of processions, riots and disorders;\n(s)\nthe general control of the Special Constabulary;\n(t)\nprescribing the fees chargeable for administrative services provided to the\npublic; and\n(u) anything required by this Act to be prescribed.\n(2) Further to subsection (1), the Cabinet may make Regulations for the provision\nof information to another law enforcement or regulatory agency, whether local\nor international which, notwithstanding the provisions of any other Law, shall\nprovide for the conduct of, or provision of assistance with, a criminal\ninvestigation, as may be required for compliance with international standards\nrelating to the prevention of criminal activity, including money laundering,\nterrorist financing and proliferation financing.\n147. Right to silence\n147. (1) A police officer shall, prior to the interview of a person \u2014\n(a) whom the police officer suspects to have committed an offence; or\n(b) whom the police officer has charged with the commission of an offence,\ninform that person that that person has the right to remain silent and that, if that\nperson exercises that person\u2019s right to remain silent, inferences may be drawn\nfrom that person\u2019s silence.\n(2) The police officer shall, as soon as is practicable, record in the custody record\nof a person interviewed that the person has been informed of that person\u2019s right\nto remain silent.\n148. Effect of accused\u2019s failure to mention facts when questioned or charged\n148. (1) Where, in any proceedings against a person for an offence, evidence is given\nthat the accused \u2014\n(a) at any time before the accused was charged with the offence, on being\nquestioned by a police officer trying to discover whether or by whom the\noffence had been committed, failed to mention any fact relied on in the\naccused\u2019s defence in those proceedings; or\n(b) on being charged with the offence or officially informed that the accused\nmight be prosecuted for it, failed to mention any such fact; or\n(c) at any time after being charged with the offence, on being questioned under\nthe Terrorism Act (2018 Revision), failed to mention any such fact,\nbeing a fact which in the circumstances existing at the time the accused could\nreasonably have been expected to mention when so questioned, charged or\ninformed, as the case may be, subsection (2) shall apply.\n\nPolice Act (2021 Revision)\nSection 149\n\nc\nRevised as at 31st December, 2020\nPage 93\n\n(2) A \u2014\n(a) court in determining whether there is a case to answer; or\n(b) court or jury, in determining whether the accused is guilty of the offence\ncharged,\nmay draw such inferences from the failure as appear proper.\n(3) Where the accused was at an authorised place of detention at the time of the\nfailure or refusal, subsections (1) and (2) above do not apply if the accused had\nnot been allowed an opportunity to consult an attorney-at-law prior to being\nquestioned, charged or informed as mentioned in subsection (1).\n(4) Subject to any directions by the court, evidence tending to establish the failure\nmay be given before or after evidence tending to establish the fact which the\naccused is alleged to have failed to mention.\n(5) This section applies in relation to questioning by persons, other than police\nofficers, charged with the duty of investigating offences or charging offenders\nas it applies in relation to questioning by police officers; and in subsection (1)\nabove \"officially informed\" means informed by a police officer or any such\nperson.\n(6) This section does not \u2014\n(a) prejudice the admissibility in evidence of the silence or other reaction of\nthe accused in the face of anything said in the accused\u2019s presence relating\nto the conduct in respect of which the accused is charged, in so far as\nevidence thereof would be admissible apart from this section; or\n(b) preclude the drawing of any inference from any such silence or other\nreaction of the accused which could properly be drawn apart from this\nsection.\n(7) This section does not apply in relation to a failure to mention a fact if the failure\noccurred before the commencement of this section.\n149. Effect of accused\u2019s silence at trial\n149. (1) At the trial of any person for an offence subsections (2) and (3) apply unless \u2014\n(a) the accused\u2019s guilt is not in issue; or\n(b) it appears to the court that the physical or mental condition of the accused\nmakes it undesirable for the accused to give evidence,\nbut subsection (2) does not apply if, at the conclusion of the evidence for the\nprosecution, the accused\u2019s attorney-at-law informs the court that the accused\nwill give evidence or, where the accused is unrepresented, the court ascertains\nfrom the accused that that accused will give evidence.\n(2) Where this subsection applies, the court shall, at the conclusion of the evidence\nfor the prosecution, satisfy itself (in the case of proceedings on indictment with\n\nSection 150\nPolice Act (2021 Revision)\n\nPage 94\nRevised as at 31st December, 2020\nc\n\na jury, in the presence of the jury) that the accused is aware that the stage has\nbeen reached at which evidence can be given for the defence and that the\naccused can, if that accused wishes, give evidence and that, if that accused\nchooses not to give evidence, or having been sworn, without good cause refuses\nto answer any question, it will be permissible for the court or jury to draw such\ninferences as appear proper from the accused\u2019s failure to give evidence or the\naccused\u2019s refusal, without good cause, to answer any question.\n(3) Where this subsection applies, the court or jury, in determining whether the\naccused is guilty of the offence charged, may draw such inferences as appear\nproper from the failure of the accused to give evidence or the accused\u2019s refusal,\nwithout good cause, to answer any question.\n(4) This section does not render the accused compellable to give evidence on the\naccused\u2019s own behalf, and the accused shall accordingly not be guilty of\ncontempt of court by reason of a failure to do so.\n(5) For the purposes of this section a person who, having been sworn, refuses to\nanswer any question shall be taken to do so without good cause unless \u2014\n(a) that person is entitled to refuse to answer the question by virtue of any\nLaw, whenever enacted or made, or on the ground of privilege; or\n(b) the court in the exercise of its general discretion excuses that person from\nanswering it.\n(6) This section applies \u2014\n(a) in relation to proceedings on indictment for an offence, only if the person\ncharged with the offence is arraigned on or after the commencement of this\nsection; and\n(b) in relation to proceedings in a Magistrates\u2019 court, only if the time when the\ncourt begins to receive evidence in the proceedings falls after the\ncommencement of this section.\n150. Effect of accused\u2019s failure or refusal to account for objects, substances or\nmarks\n150. (1) Where \u2014\n(a) a person is arrested by a police officer, and there is \u2014\n(i)\non that person\u2019s person;\n(ii) in or on that person\u2019s clothing or footwear;\n(iii) otherwise in that person\u2019s possession; or\n(iv) in any place in which that person is at the time of that person\u2019s arrest,\nany object, substance or mark, or there is any mark on any such object;\n(b) another police officer investigating the case reasonably believes that the\npresence of the object, substance or mark may be attributable to the\n\nPolice Act (2021 Revision)\nSection 151\n\nc\nRevised as at 31st December, 2020\nPage 95\n\nparticipation of the person arrested in the commission of an offence\nspecified by the police officer;\n(c) the police officer informs the person arrested that the police officer so\nbelieves, and requests that person to account for the presence of the object,\nsubstance or mark; and\n(d) the person fails or refuses to do so,\nthen if, in any proceedings against the person for the offence so specified,\nevidence of those matters is given, subsection (2) applies.\n(2) A \u2014\n(a) court, in determining whether there is a case to answer; or\n(b) court or jury, in determining whether the accused is guilty of the offence\ncharged,\nmay draw such inferences from the failure or refusal as appear proper.\n(3) Subsections (1) and (2) apply to the condition of clothing or footwear as they\napply to a substance or mark thereon.\n(4) Subsections (1) and (2) do not apply unless the accused was told in ordinary\nlanguage by the police officer when making the request mentioned in\nsubsection (1)(c) what the effect of this section would be if the accused failed\nor refused to comply with the request.\n(5) Where the accused was at an authorised place of detention at the time of the\nfailure or refusal, subsections (1) and (2) do not apply if the accused had not\nbeen allowed an opportunity to consult an attorney-at-law prior to the request\nbeing made.\n(6) This section applies in relation to officers of customs and excise as it applies in\nrelation to police officers.\n(7) This section does not preclude the drawing of any inference from a failure or\nrefusal of the accused to account for the presence of an object, substance or mark\nor from the condition of clothing or footwear which could properly be drawn\napart from this section.\n(8) This section does not apply in relation to a failure or refusal which occurred\nbefore the commencement of this section.\n151. Effect of accused\u2019s failure or refusal to account for presence at a particular\nplace\n151. (1) Where \u2014\n(a) a person arrested by a police officer was found by that police officer at a\nplace at or about the time the offence for which that person was arrested is\nalleged to have been committed;\n\nSection 152\nPolice Act (2021 Revision)\n\nPage 96\nRevised as at 31st December, 2020\nc\n\n(b) that or another police officer investigating the offence reasonably believes\nthat the presence of the person at that place and at that time may be\nattributable to that person\u2019s participation in the commission of the offence;\n(c) the police officer informs the person that the police officer so believes, and\nrequests that person to account for that presence; and\n(d) the person fails or refuses to do so,\nthen if, in any proceedings against the person for the offence, evidence of those\nmatters is given, subsection (2) applies.\n(2) A \u2014\n(a) court, in determining whether there is a case to answer; and\n(b) court or jury, in determining whether the accused is guilty of the offence\ncharged,\nmay draw such inferences from the failure or refusal as appear proper.\n(3) Subsections (1) and (2) do not apply unless the accused was told in ordinary\nlanguage by the police officer when making the request mentioned in\nsubsection (1)(c) what the effect of this section would be if the accused failed\nor refused to comply with the request.\n(4) Where the accused was at an authorised place of detention at the time of the\nfailure or refusal, subsections (1) and (2) do not apply if the accused had not\nbeen allowed an opportunity to consult an attorney-at-law prior to the request\nbeing made.\n(5) This section applies in relation to officers of customs and excise as it applies in\nrelation to police officers.\n(6) This section does not preclude the drawing of any inference from a failure or\nrefusal of the accused to account for that accused\u2019s presence at a place which\ncould properly be drawn apart from this section.\n(7) This section does not apply in relation to a failure or refusal which occurred\nbefore the commencement of this section.\n152. Interpretation of certain references in sections 148, 149, 150 and 151\n152. (1) In sections 148(2), 149(3), 150(2) and 151(2), references to an offence charged\ninclude references to any other offence of which the accused could lawfully be\nconvicted on that charge.\n(2) In sections 148(3), 150(5) and 151(4) references to an authorised place of\ndetention include a police station, prison or any other prescribed place of\ndetention.\n(3) Nothing in sections 148, 149, 150 or 151 prejudices the operation of a provision\nof any Law which provides, in whatever words, that any answer or evidence\ngiven by a person in specified circumstances shall not be admissible in evidence\n\nPolice Act (2021 Revision)\nSection 153\n\nc\nRevised as at 31st December, 2020\nPage 97\n\nagainst that person or some other person in any proceedings or class of\nproceedings.\n(4) In subsection (3), the reference to giving evidence is a reference to giving\nevidence in any manner, whether by furnishing information, making discovery,\nproducing documents or otherwise.\n(5) Nothing in sections 148, 149, 150 or 151 prejudices any power of a court, in any\nproceedings, to exclude evidence, whether by preventing questions being put or\notherwise, at its discretion.\n(6) Where the court or jury is entitled to draw such inferences as appear proper\npursuant to these provisions, the court or jury is entitled to take into account the\nfailure to mention the fact or failure to testify as an additional evidential factor\nin support of the prosecution case.\n(7) A person shall not have the proceedings against that person transferred to the\nGrand Court for trial, have a case to answer or be convicted of an offence \u2014\n(a) solely; or\n(b) mainly,\non an inference drawn from such a failure or refusal as is mentioned in\nsection 148(2), 149(3), 150(2) or 151(2).\n153. Power of police officer to use reasonable force\n153. Where any provision of this Act \u2014\n(a) confers a power on a police officer; and\n(b) does not provide that the power may only be exercised with the consent of\nsome person, other than a police officer,\nthe police officer may use reasonable force, if necessary, in the exercise of the\npower.\n154. Use of force in making arrest, etc.\n154. A person may use such force as is reasonable in the circumstances in the prevention\nof crime, or in effecting or in assisting in the lawful arrest of offenders or suspected\noffenders or of persons unlawfully at large.\n155. Repeal of Police Law (2006 Revision)\n155. The Police Law (2006 Revision) is repealed by section 155 of the Police Act, 2010\n[Law 36 of 2010].\n\nSection 156\nPolice Act (2021 Revision)\n\nPage 98\nRevised as at 31st December, 2020\nc\n\n156. Savings\n156. All appointments and things lawfully made or done under the repealed Police Law\n(2006 Revision) in this section referred to as the \u201crepealed Law\u201d shall continue in\nforce and shall be deemed to have been made or done under this Act and Regulations\nand Standing Orders made under the repealed Law, not being inconsistent with this\nAct, shall remain in force until replaced by Regulations and Standing Orders made\nunder this Act.\n\nPolice Act (2021 Revision)\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2020\nPage 99\n\n SCHEDULE 1\n(sections 10, 11, 131 and 132)\nROYAL CAYMAN ISLANDS POLICE SERVICE\nOath or Affirmation\n\u201cI  do swear \/ solemnly declare that I will well and truly serve our Sovereign Lady the\nQueen in the office of\u2026\u2026\u2026\u2026\u2026..without favour or affection, malice or ill will, and that\nI will cause Her Majesty\u2019s peace to be kept and preserved; and that I will prevent to the\nutmost of my power, all offences against the same; and that so long as I continue to hold\nthe said office, or any other office in the Royal Cayman Islands Police Service, I will to\nthe best of my skill and knowledge discharge all the duties thereof faithfully according to\nlaw - So help me God.\u201d\n\nSCHEDULE 1\nPolice Act (2021 Revision)\n\nPage 100\nRevised as at 31st December, 2020\nc\n\nROYAL CAYMAN ISLANDS POLICE SERVICE\nIdentity Card\n\nPolice Act (2021 Revision)\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2020\nPage 101\n\nSCHEDULE 2\n(sections 10, 32, 34, 35 and 131)\nIDENTIFICATION EVIDENCE FORMS\nForm 1\nStandard Fingerprint Form\n\nSCHEDULE 2\nPolice Act (2021 Revision)\n\nPage 102\nRevised as at 31st December, 2020\nc\n\nPolice Act (2021 Revision)\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2020\nPage 103\n\nForm 2\nElimination Finger Print Form\n\nSCHEDULE 2\nPolice Act (2021 Revision)\n\nPage 104\nRevised as at 31st December, 2020\nc\n\nForm 3\nOfficer\u2019s Finger Print Form\n\nPolice Act (2021 Revision)\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2020\nPage 105\n\nForm 4\nFootprint Form\n\nSCHEDULE 3\nPolice Act (2021 Revision)\n\nPage 106\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 3\n(section 46)\nSPECIAL PROCEDURE FOR ACCESS\nMaking of orders by judge\n1.\nIf on an application made by a police officer a judge is satisfied that one or other of\nthe sets of access conditions is fulfilled, that judge may make an order under\nparagraph 4.\n2.\nThe first set of access conditions is fulfilled if \u2014\n(a) there are reasonable grounds for believing \u2014\n(i)\nthat an indictable offence has been committed;\n(ii) that there is material on premises specified in the application, or on\npremises occupied or controlled by a person specified in the\napplication (including all such premises on which there are\nreasonable grounds for believing that there is such material as it is\nreasonably practicable so to specify);\n(iii) that the material is likely to be of substantial value (whether by itself\nor together with other materials) to the investigation in connection\nwith which the application is made; and\n(iv) that the material is likely to be relevant evidence;\n(b) other methods of obtaining the material \u2014\n(i)\nhave been tried without success; or\n(ii) have not been tried because it appeared that they were bound to fail;\nand\n(c) it is in the public interest, having regard \u2014\n(i)\nto the benefit likely to accrue to the investigation if the material is\nobtained; and\n(ii) to the circumstances under which the person in possession of the\nmaterial holds it,\nthat the material should be produced or that access to it should be given.\n3.\nThe second set of access conditions is fulfilled if \u2014\n(a) there are reasonable grounds for believing that there is material on\npremises occupied or controlled by a person specified in the application\n(including all such premises on which there are reasonable grounds for\nbelieving that there is such material as it is reasonably practicable so to\nspecify);\n\nPolice Act (2021 Revision)\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2020\nPage 107\n\n(b) but for section 46(2) a search of such premises for that material could have\nbeen authorised by the issue of a warrant to a police officer under any law\nother than this Schedule; and\n(c) the issue of such a warrant would have been appropriate.\n4.\nAn order under this paragraph is an order that the person who appears to the judge to\nbe in possession of the material to which the application relates shall \u2014\n(a) produce it to a police officer for that person to take away; or\n(b) give a police officer access to it,\nnot later than the end of the period of seven days from the date of the order or\nthe end of such longer period as the order may specify.\n5.\nWhere the material consists of information stored in any electronic form \u2014\n(a) an order under paragraph 4(a) shall have effect as an order to produce the\nmaterial in a form in which it can be taken away and in which it is visible\nand legible, or from which it can readily be produced in a visible and\nlegible form; and\n(b) an order under paragraph 4(b) shall have effect as an order to give a police\nofficer access to the material in a form in which it is visible and legible.\n6.\nFor the purposes of sections 54 and 55 material produced in pursuance of an order\nunder paragraph 4(a) shall be treated as if it were material seized by a police officer.\nNotices of applications for orders\n7.\nAn application for an order under paragraph 4 shall be made inter partes.\n8.\nNotice of an application for such an order may be served on a person either by\ndelivering it to that person or by leaving it at that person\u2019s proper address or by\nsending it by post to that person in a registered letter or by the recorded delivery\nservice.\n9.\nWhere a notice under paragraph 8 is to be served on a body corporate or partnership,\nit shall be served \u2014\n(a) on a body corporate, by serving it on the body\u2019s secretary or clerk or other\nsimilar officer; or\n(b) on a partnership, by serving it on one of the partners.\n10. For the purposes of this Schedule, the proper address of a person, in the case of\nsecretary or other similar officer of a body corporate, shall be that of the registered or\nprincipal office of that body, in the case of a partner of a firm shall be that of the\nprincipal office of the firm, and in any other case shall be the last known address of\nthe person to be served.\n\nSCHEDULE 3\nPolice Act (2021 Revision)\n\nPage 108\nRevised as at 31st December, 2020\nc\n\n11. Where notice of an application for an order under paragraph 4 has been served on a\nperson, that person shall not conceal, destroy, alter or dispose of the material to which\nthe application relates except with the leave of a judge, or with the written permission\nof a police officer, until \u2014\n(a) the application is dismissed or abandoned; or\n(b) that person has complied with an order under paragraph 4 made on the\napplication.\nIssue of warrants by judge\n12. If on an application made by a police officer a judge \u2014\n(a) is satisfied \u2014\n(i)\nthat either set of access conditions is fulfilled; and\n(ii) that any of the further conditions set out in paragraph 15 is also\nfulfilled in relation to each set of premises specified in the\napplication; or\n(b) is satisfied \u2014\n(i)\nthat the second set of access conditions is fulfilled; and\n(ii) that an order under paragraph 4 relating to the material has not been\ncomplied with,\nhe may issue a warrant authorising a police officer to enter and search the\npremises or, as the case may be, all premises occupied or controlled by the\nperson referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises\nas are specified in the application (in this Schedule referred to as an \"all premises\nwarrant\").\n13. The judge may not issue an all premises warrant unless that judge is satisfied \u2014\n(a) that there are reasonable grounds for believing that it is necessary to search\npremises occupied or controlled by the person in question which are not\nspecified in the application, as well as those which are, in order to find the\nmaterial in question; and\n(b) that it is not reasonably practicable to specify all the premises which the\nperson occupies or controls which might need to be searched.\n14. A police officer may seize and retain anything for which a search has been authorised\nunder paragraph 12.\n15. The further conditions mentioned in paragraph 12(a)(ii) are \u2014\n(a) that it is not practicable to communicate with any person entitled to grant\nentry to the premises;\n(b) that it is practicable to communicate with a person entitled to grant entry\nto the premises but it is not practicable to communicate with any person\nentitled to grant access to the material;\n\nPolice Act (2021 Revision)\nSCHEDULE 3\n\nc\nRevised as at 31st December, 2020\nPage 109\n\n(c) that the material contains information which is unlikely to be disclosed if\na warrant is not issued; and\n(d) that service of notice of an application for an order under paragraph 4 may\nseriously prejudice the investigation.\n16. (1) If a person fails to comply with an order under paragraph 4, a judge may deal\nwith that person as if that person had committed a contempt of Court.\n(2) The law relating to contempt of Court shall have effect in relation to such a\nfailure as if it were such contempt.\nCosts\n17. The costs of an application under this Schedule and of anything done or to be done in\npursuance of an order made under it shall be in the discretion of the judge provided\nthat where the Crown acts reasonably and in good faith, no costs should be awarded.\n\nSCHEDULE 3\nPolice Act (2021 Revision)\n\nPage 110\nRevised as at 31st December, 2020\nc\n\nPolice Act (2021 Revision)\nSCHEDULE 4 - Repealed\n\nc\nRevised as at 31st December, 2020\nPage 111\n\nSCHEDULE 4 - Repealed\nRepealed by s. 17(1)(b) of the Police (Complaints by the Public) Act, 2017 [\nLaw 22 of 2017].\n\nPublication in consolidated and revised form authorised by the Cabinet this 5th day\nof January, 2021.\nKim Bullings\nClerk of the Cabinet\n\nPolice Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 113\n\nENDNOTES\nTable of Legislation history:\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n\n56\/2020 Citation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n35\/2020 Civil Partnership Law, 2020\n4-Sep-2020\nLG64\/2020\/s1\n\n22\/2017 Police (Complaints by the Public) Law, 2017\n17-Jan-20181\nGE35\/2017\/s2\n\n Police Law (2017 Revision)\n31-May-2017 GE45\/2017\/s25\n\n39\/2016 Police (Amendment) Law, 2016\n19-Dec-2016\nG26\/2016\/s7\n50\/2016\n Public Service Management (Amendment) Law, 2016\n(Commencement) Order, 2016\n9-Sept-2016\nGE71\/2016\/s1\n\n21\/2016 Public Service Management (Amendment) Law, 2016\n9-Sept-2016\nGE54\/2016\/s2\n\n Police Law (2014 Revision)\n7-Nov-2014\nGE83\/2014\/s2\n10\/2014\n Police (Amendment) Law, 2014 (Commencement) Order,\n31-Mar-2014\nGE21\/2014\/s1\n\n1\/2014 Police (Amendment) Law, 2014\n1-Apr-2014\nG5\/2014\/s1\n\n36\/2010 Police Law, 2010\n22-Nov-2010\nG24\/2010\/s14\n\n1 Commenced with the coming into force of the Ombudsman Act, 2017 [Law 23 of 2017].\n\nENDNOTES\nPolice Act (2021 Revision)\n\nPage 114\nRevised as at 31st December, 2020\nc\n\nPolice Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 115\n\nENDNOTES\nPolice Act (2021 Revision)\n\nPage 116\nRevised as at 31st December, 2020\nc\n\n(Price: $23.20)","akn_extracted_at":"2026-06-22 15:36:47.079385+00","cms_id":"2010-0036","law_type":"principal","year":"2010","number":"36","title":"Police Act","status":"in_force"},"provenance":{"files":[{"file_id":"5390","expr_id":"438","kind":"akn_xml","filename":"2010-0036_2021 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2010\/2010-0036\/2010-0036_2021 Revision.akn.xml","content_md5":"98e2f12e5719e2df2f644b3178f1bc04","byte_size":"232994","http_last_modified":null,"fetched_at":"2026-06-22 15:36:50.317365+00"},{"file_id":"875","expr_id":"438","kind":"pristine_pdf","filename":"2010-0036_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2010\/2010-0036\/2010-0036_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2010\/2010-0036\/2010-0036_2021 Revision.pdf","content_md5":"4bcb6754d709e902984707086e0a60f3","byte_size":"1731896","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.599306+00"},{"file_id":"876","expr_id":"438","kind":"working_pdf","filename":"2010-0036_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2010\/2010-0036\/2010-0036_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2010\/2010-0036\/2010-0036_2021 Revision.pdf","content_md5":"4bcb6754d709e902984707086e0a60f3","byte_size":"1731896","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.599306+00"}],"paragraph_count":148,"latest_history":null},"quality":{"expr_id":"438","doc_id":"438","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{other,page_header_footer_noise}","repair_actions":"{collapse_duplicate_text,manual_review,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample contains non\u2011legal footer content and repeated page headers; requires human review to clean extraneous material.","assessed_at":"2026-06-22 15:29:45.233726+00","updated_at":"2026-06-22 15:29:45.233726+00"}}