Police Service Act, 1970 Act 350 (Revised Edition)

ACT 350
Police Service Act, 1970
ACT 350
POLICE SERVICE ACT, 1970
ARRANGEMENT OF SECTIONS
Functions of the Service
SECTION
1. Functions of the Service. 2. Statutoiy declarations. Structure and Conditions of Service
3. Members of the Service. 4. Administration of the Service. 5. Filling of vacancies. 6. Acting assignment. 7. The Public Services Commission. 8. Schemes of service and training. 9. Modes of leaving the Service. The Police Council
10. Membership and lunctions of the Police Council. 10A. Other functions of the Police Council. 11. Composition and functions of regional police committees. 12. Secretary to the Police Council. 13. Protection fiom legal proceedings. 14. Attendance of public officers. 15. Production of documents. 16. Failure to comply with request of Police Council. Misconduct and Unsatisfactory Service
17. Misconduct and unsatisfactory service. 18. Penalties. 19. Disciplinary authorities. 20. Disciplinary proceedings. 21. Pay not to accrue in certain cases. 22. Loss or damage to property. Complaints and Offences
23. Complaints by the public. 24. Desertion. 25. False statement on appointment. 26. Refusal to serve. 27. Harbouring officers. 28.

aints and Offences
23. Complaints by the public. 24. Desertion. 25. False statement on appointment. 26. Refusal to serve. 27. Harbouring officers. 28.

Unlawful possession of uniform and other property. 29. Causing disaffection. VI-3001 (Issue 1]

Unlawful possession of uniform and other property. 29. Causing disaffection. VI-3001 (Issue 1]

ACT 350
Police Service Act, 1970
The Volunteer Police Reserve
SECTION
30. Volunteer Police Reserve. 31. Calling out for active service. Miscellaneous and Supplemental
32. Regulation of traffic. 33. Duty in case of fire. 34. Police welfare fund. 35. Disposal of property in possession of police. 36. Annual report. 37. Regulations. 38. Control of private security organisations. 39. interpretation. 40. Repeals and savings. 41. Amendment of Criminal Offences (Procedure) Act. ACT 350
POLICE SERVICE ACT, 1970'
AN ACT to provide for the organisation and administration of the Police Service
and for related matters. Functions of the Service
1. Functions of the Service
(1) The Police Service as provided for by article 190 of the Constitution, shall pre
vent and detect crime, apprehend offenders, and maintain public order and the safety of
persons and property. (2) A police officer shall perform the functions that are by law conferred on a police
officer and shall obey the lawful orders and directions in respect of the execution of the
office which may be received from superiors in the Service. 2.

icer and shall obey the lawful orders and directions in respect of the execution of the
office which may be received from superiors in the Service. 2.

Statutory declarations
A superior police officer may take and receive the declaration of a person for the pur
poses of the Statutory Declarations Act, 1971 (Act 389). Structure and Conditions of Service
3. Members of the Service
The members of the Service are,
(a) the Inspector-General,
I. The Act was assented to on 19th January, 1971, as the Police Force Act, 1970 (Act 350). By virtue of arti
cle 190 of the Constitution, the force is now the Police Service. [Issue 1] VI - 3002

1971, as the Police Force Act, 1970 (Act 350). By virtue of arti
cle 190 of the Constitution, the force is now the Police Service. [Issue 1] VI - 3002

ACT 350
Police Service Act, 1970
(b) the Commissioners of Police,
(c) the Deputy Commissioners of Police,
(d) persons holding posts, or being of ranks, created under this Act, and
(e) persons holding posts created by or under any other enactment, which are
posts designated by that enactment as Police Service posts.2
4. Administration of the Service
(1) The Inspector-General is the head of the Service by virtue of article 202 of the
Constitution, and is responsible, subject to the Constitution and to the control and direc
tion of the Police Council, for the operational control and administration of the Service. (2) The Inspector-General may delegate a function under this Act that the Inspector
General thinks fit to any other member of the Service. 5.

Service. (2) The Inspector-General may delegate a function under this Act that the Inspector
General thinks fit to any other member of the Service. 5.

Filling of vacancies
(1) A vacancy in a Service post or rank may be filled
(a) by promotion, that is by the appointment of a police officer who is to be
moved from another grade or rank with an immediate increase in salary;
(b) by transfer within the Sei vice, that is by the appointment of a police officer
who is to be moved from another grade or rank without an alternation in
salary;
(c) on reduction in rank, that is by the appointment of a police officer who is to
be moved from another grade or rank with an immediate reduction in
salary;
(d) by recruitment, that is by the appointment of a person who is not a police
officer or who would cease to be a police officer if the appointment were
not made. (2) Where practicable, a vacancy in the Service shall be filled by promotion or trans
fer within the Service. (3) Promotions shall be made according to merit. 6. Acting assignment
(1) Where a Service post is vacant or a police officer is absent from duty for a reason
the Inspector-General may assign a member of the Service to carry out the appropriate
duties.

ant or a police officer is absent from duty for a reason
the Inspector-General may assign a member of the Service to carry out the appropriate
duties.

(2) An assignment under subsection (1) shall cease to have effect
(a) on the tilling of the vacancy or the return to duty of the officer, or
(b) where any other person is assigned to cany out the duties, or
(c) the assignment is revoked by the inspector-General. 2. Amended by section 2 of the Police Service (Amendment) Decree 1974 (N.R.C.D. 303)
VI - 3003 (Issue 1]

signment is revoked by the inspector-General. 2. Amended by section 2 of the Police Service (Amendment) Decree 1974 (N.R.C.D. 303)
VI - 3003 (Issue 1]

ACT 350
Police Service Act, 1970
7. The Public Services Commission
The Public Services Commission shall, in the performance of its functions under arti
cle 195 of the Constitution and in consultation with the Police Council, provide in accor
dance with article 196 of the Constitution for the procedure to be followed and require
ments to be observed in the making of appointments. 8. Schemes of service and training
(1) The Inspector-General may, with the consent of the Police Council, prepare
schemes of service giving details of duties, training facilities, and other matters relating
to service as a police officer. (2) There shall be a branch of the Service with the function of supervising and co
ordinating, under the general direction of the Inspector-General, arrangements for the
training of members of the Service. 9. Modes of leaving the Service
(1) A person holding a post otherwise than on a limited engagement shall retire from
the Service in accordance with article 199 of the Constitution. (2) Subsection (1) shall not prevent the appointment of a person on a limited
engagement.

Service in accordance with article 199 of the Constitution. (2) Subsection (1) shall not prevent the appointment of a person on a limited
engagement.

(3) A person holding a post as a police officer otherwise than on a limited engage
ment may retire from the Service in accordance with article 199 of the Constitution.. (4) A superior police officer may retire at a earlier time with the consent of the Presi
dent and a subordinate police officer may retire at an earlier time with the consent of the
Inspector-General.3
3. Amended by section 3 of the Police Service (Amendment) Decree, 1974 (N.R.C.D. 303). The previous
sections reads,
“(1) A police officer may resign from the Police Service in accordance with such conditions as may be
prescribed. (2) A police officer may leave the Police Service on the expiry or other termination of a limited
engagement. (3) A police officer may leave the Police Service by transfer, consent, to employment in another Public
Service or to other approved employment in accordance with Regulations made under this Act.

vice by transfer, consent, to employment in another Public
Service or to other approved employment in accordance with Regulations made under this Act.

(4) A police officer may leave the Police Service on the abolition of his post; and where a post in a grade
is abolished by the revocation or amendment of the Instrument by which it was created, (he appoint
ing authority shall, if two or more persons hold posts in that grade, determine which of those persons
is to be treated as the person whose post is abolished. (5) Unless the person in respect of whom a determination is to be made under subsection (6) is to be
promoted or transferred, shall be given an opportunity to make presentations to the appointing au
thority, who shall consider any such representations before making the determination. (6) Where a post or rank is held by an officer on probation and it appears to the appointing authority
during or at the end of the probationary period that he is unlikely to fulfil the requirements of the post
or rank, the appointing authority may order that he shall cease to be a member of the Police Service,
and if no such order is made he shall revert to the post or rank, if any, held immediately before the
commencement of such probationary period.”
(Issue 1] VI - 3004

order is made he shall revert to the post or rank, if any, held immediately before the
commencement of such probationary period.”
(Issue 1] VI - 3004

ACT 350
Police Service Act, 1970
The Police Council
10. Membership and functions of the Police Council
(1) The Police Council established by article 201 of the Constitution consists of
(a) a chairman who shall be appointed by the President acting in consultation
with the Council of State,4
(b) the Minister responsible for internal affairs,
(c) the Inspector-Genenal,
(ci) the Attorney-General or the Attorney General’s representative,
(e) one lawyer nominated by the Ghana Bar Association,
(f) one representative of the Retired Senior Police Officers Association,
(g) two members of the Police Service, appointed by the President acting in
consultation with the Council of State, one of whom is of a junior rank, and
(h) two other members appointed by the President. (2) The Inspectoi-General shall be appointed by the President acting in consultation
with the Council of State by virtue of paragraph (e) of clause (1) of Article 70 of the
Constitution. (3) In accordance with article 195 of the Constitution, the power to appoint persons
to hold or to act in an office in the Police Service shall vest in the President, acting in
accordance with the advice of the Police Council.

persons
to hold or to act in an office in the Police Service shall vest in the President, acting in
accordance with the advice of the Police Council.

(4) The President may, subject to the conditions that the President thinks fit, delegate
any of the functions under this section by directions in writing to the Police Council or to
a committee or to a membei of the Council. (5) Where, pursuant to clause (2) of article 195 of the Constitution, the President
delegates any of the powers referred to in that article, the person to whom the powers are
delegated shall exercise them in accordance with the advice of the Police Council.

wers referred to in that article, the person to whom the powers are
delegated shall exercise them in accordance with the advice of the Police Council.

(6) The functions of the Police Council are, in accordance with article 203 of the
Constitution,
(a) to advise the President on matters of policy relating to internal security,
including the role of the Service, budgeting and finance, administration and
the promotion of officers above the rank of Assistant Commissioner of
Police;
(b) to advise the authority empowered to appoint persons below the rank of
inspector-General to hold or act in an office in the Service;
(c) to examine and advise on matters concerning the welfare and discipline of
the Seivice, the selection and training of members of the Service, relations
between the police and public, the utilisation of the Police Welfare Fund,
the prevention and detection of crime, the maintenance of public order and
the safety of persons and property;
4. Amended by section 7 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527). VI - 3005 [Issue 1]

ety of persons and property;
4. Amended by section 7 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527). VI - 3005 [Issue 1]

ACT 350
Police Service Act, 1970
(d) to hear appeals brought under section 20 (3) (a) of this Act;
(e) to advise the President on the making of Regulations under section 37 of
this Act.5
(7) The quorum of the Police Council is five. 10A. Other functions of the Police Council
(1) The Police Council may, with the prior approval of the President in accordance
with article 203 of the Constitution, by constitutional instrument, make Regulations for
the performance of its functions under the Constitution or any other law and for other
effective and efficient administration of the Service.

ions for
the performance of its functions under the Constitution or any other law and for other
effective and efficient administration of the Service.

(2) Regulations made under subsection (1) shall include Regulations in respect of
(a) the control and administration of the Service;
(b) the ranks of officers and men of each unit of the Service, the members of
each rank and the use of uniforms by the members;
(c) the conditions of service including those relating to the enrolment, salaries,
provisions, gratuities and other allowances of officers and men;
(d) the authority and powers of command of officers and men of the Service;
and
(e) the delegation to other persons of powers to discipline persons and the con
ditions subject to which delegations may be made.6
11. Composition and functions of regional police committees
(1) There shall be established for each region a regional police committee consisting
of
(a) the Minister of State appointed for the region, who shall be the chairman,
(b) the two most senior officers of the Service in the region,
(c) one representative of each district in the region appointed by the District
Assembly,
(d) one lawyer practising in the region nominated by the Ghana Bar
Association,
(e) one representative of the Attorney-General, and
() one representative of the Regional House of Chiefs.

ion nominated by the Ghana Bar
Association,
(e) one representative of the Attorney-General, and
() one representative of the Regional House of Chiefs.

(2) The regional police committee shall advise the Police Council on a matter relating
to the administration of the Service in the region and generally supervise the conduct of
the Service in the region. (3) The quorum of a regional police committee shall not be less than half the number
of members of the committee. 5. Article 203 (1) of the Constitution. 6. Amended by section 4 of the Police Service (Amendment) Decree, 1974 (N.R.C.D. 303). [Issue 1] VI - 3006

ee. 5. Article 203 (1) of the Constitution. 6. Amended by section 4 of the Police Service (Amendment) Decree, 1974 (N.R.C.D. 303). [Issue 1] VI - 3006

ACT 350
Police Service Act, 1970
12. Secretary to the Police Council
(1) A public officer shall be appointed as a secretary to the Police Council. (2) The secretary is not a member of the Police Council, and shall perform the admin
istrative functions relating to its work as determined by the Police Council. 13. Protection from legal proceedings
The chairman and the members of the Police Council have the same protection and
privilege in case of an action or a suit for an act done or omitted to be done in the exer
cise of duty in relation to the hearing of appeals under section 20 as is by law given to
acts done or words spoken by a Justice of the Superior Court of Judicature in the exercise
of judicial office. 14. Attendance of public officers
The Police Council may require a public officer to attend and give evidence before it
concerning a matter which it is required to consider in the performance of its functions. 15.

e a public officer to attend and give evidence before it
concerning a matter which it is required to consider in the performance of its functions. 15.

Production of documents
Subject to Article 135 of the Constitution, the Police Council may require the produc
tion of an official document reasonably required for the performance of its functions; and
a public officer who submits a matter for the consideration of the Police Council shall
ensure that the relevant documents and papers are made available to the Police Council. 16. Failure to comply with request of Police Council
A public officer, who without reasonable excuse, fails to appear before the Police Coun
cil when notified to do so, or who fails to comply with a request lawfully and properly
made by the Police Council, commits a misconduct and the Police Council may direct that
the matter should be brought to the notice of the appropriate disciplinary authority. Misconduct and Unsatisfactory Service
17.

ouncil may direct that
the matter should be brought to the notice of the appropriate disciplinary authority. Misconduct and Unsatisfactory Service
17.

Misconduct and unsatisfactory service
It is a misconduct for a police officer
(a) to be absent from duty without leave or reasonable excuse;
(b) to be insubordinate;
(c) to use, without lawful authority, the property or facilities provided for the
purposes of the Police Service for a purpose not connected with official
duties;
(d) to engage in an activity outside official duties which is likely to involve the
police officer in political controversy or to lead to the taking of improper
advantage of the police officer’s position in the Service;
(e) to engage in a gainful occupation outside the Service without the consent of
the Inspector-General;
VI - 3007 (issue 1]

s position in the Service;
(e) to engage in a gainful occupation outside the Service without the consent of
the Inspector-General;
VI - 3007 (issue 1]

ACT 350
Police Service Act, 1970
(f) to become or be a member of a trade union or of any other association,
other than an association authorised by the Minister having similar objects;
(g) to sleep on duty;
(h) to take an alcoholic drink while on duty;
(i) to permit a prisoner to escape through negligence or wilfulness;
() to divulge a confidential information to a person not authorised to receive
it;
(k) to do any other act without reasonable excuse which amounts to a failure to
discharge in a proper manner a duty, or which contravenes an enactment
relating to the Service, or which is otherwise prejudicial to the efficient
conduct of the Service or tends to bring the Service into disrepute. 18.

t
relating to the Service, or which is otherwise prejudicial to the efficient
conduct of the Service or tends to bring the Service into disrepute. 18.

Penalties
(1) The following are the penalties that may be imposed in disciplinary proceedings
under this Act, in respect of the misconduct or unsatisfactory service of a police officer:
(a) dismissal, that is termination of an appointment with forfeiture of the re
tirement benefits;
(b) removal, that is termination of an appointment with or without reduction in
retirement benefits;
(c) reduction in rank, that is removal to another rank with immediate reduction
of salary;
(d) reduction of salary, that is an immediate adjustment of salary to a lower
point on the salary scale attached to the post in question;
(e) deferment of increment, that is a postponement of the date on which the
next increment is due, with corresponding postponement in subsequent
years;
(f) stoppage of increment, that is non-payment for a specified period of an
increment otherwise due;
(g) imposition of a fine not exceeding one-eighth of one month’s salary;
(h) severe reprimand or reprimand;
(i) in the case of constables only, confinement to barracks for a period not
exceeding fourteen days;
(j) caution or admonition.

primand or reprimand;
(i) in the case of constables only, confinement to barracks for a period not
exceeding fourteen days;
(j) caution or admonition.

(2) For the purposes of this Act, dismissal, removal and reduction in rank are major
penalties and all other penalties are minor penalties. 19. Disciplinary authorities
(1) The President acting in accordance with the advice of the Police Council shall
have disciplinary powers over police officers. [Issue 1] VI - 3008

(1) The President acting in accordance with the advice of the Police Council shall
have disciplinary powers over police officers. [Issue 1] VI - 3008

ACT 350
Police Service Act, 1970
(2) The President may delegate disciplinary powers in respect of all or any police of
ficers to the Inspector-General, and may authorise the Inspector-General of Police to ex
ercise all or any of those powers through a disciplinary board or superior police officer in
accordance with the Regulations made under section 20. (3) A person or body in whom disciplinary powers under this Act are vested is a dis
ciplinary authority for the purposes of this Act. 20. Disciplinary proceedings
(1) Disciplinary proceedings are either summary or formal. (2) A major penalty shall not be imposed on an officer in summary proceedings not
arising out of a conviction. (3) The Minister, after consultation with the Inspector-General may, by Legislative
Instrument, make Regulations providing for the conduct of disciplinary proceedings in
cases of misconduct or unsatisfactory service, and providing for appeals
(a) to the Police Council, in the case of police officers of the rank of Inspector
and above;
(b) to the Inspector-General, in the case of police officers below the rank of
inspector.

case of police officers of the rank of Inspector
and above;
(b) to the Inspector-General, in the case of police officers below the rank of
inspector.

(4) The defendant in appeal proceedings before the Police Council is entitled to be
represented by counsel, and where so represented, the Police Service is entitled to be rep
resented by counsel. (5) Subject to this Act, and except as may be otherwise provided by the Regulations,
the Police Council on deciding an appeal under this section may make an order that it
thinks fit. (6) The Inspector-General is not entitled to sit as a member of the Police Council for
the purpose of determining an appeal made to the Police Council. (7) Where the defendant in a disciplinary or appeal proceedings referred to in this
section has exhausted the available processes provided by this Act or the Regulations,
and is aggrieved in respect of any matter relating to the proceedings, the defendant may
petition the President.7
21.

by this Act or the Regulations,
and is aggrieved in respect of any matter relating to the proceedings, the defendant may
petition the President.7
21.

Pay not to accrue in certain cases
(1) A pay shall not accrue to a police officer in respect of a period during which the
police officer is absent from duty without leave, unless the Police Council in the case of a
superior police officer, or the Inspector-General in any other case, authorises the payment
of the proportion of pay, not being more than one half, that the Council or the Inspector
General thinks fit. (2) Pay shall not accrue to a police officer in respect of a period during which the po
lice officer is absent from duty as a deserter or undergoing a sentence of imprisonment
for an offence of whatever nature. 7. Sections 19 and 20 arc substituted by section 5 of the Police Service (Amendment) Decree, 1974
(N.R.C.D. 307). The words, “whose decision shall be final” appearing at the end of subsection (7) of sec
tion 20 are omitted in view of clause (3) of article 125 of the Constitution. VI - 3009 [Issue 1]

final” appearing at the end of subsection (7) of sec
tion 20 are omitted in view of clause (3) of article 125 of the Constitution. VI - 3009 [Issue 1]

ACT 350
Police Service Act, 1970
22. Loss or damage to property
Where in a disciplinary inquiry a police officer is punished for an offence involving
the sale, loss by neglect or wilful or negligent injury or damage to any accoutrement,
clothing, public stores or othe property issued for the use of the Service, or taken into
possession by the officer as a police officer, the Inspector-General may order, in addition
to the punishment imposed on the officer, that the amount of the loss or damage or the
portion of it that the Inspector-General thinks proper be recovered by stoppages from that
officer’s pay. Complaints and Offences
23. Complaints by the public
(1) A member of the public is entitled, without prejudice to any other means of re
dress legally available, to make a signed complaint in writing as to
(a) an instance of bribery, corruption, oppression or intimidation by a police
officer;
(b) a neglect or non-performance of duty by a police officer;
(c) any other misconduct by a police officer.

ssion or intimidation by a police
officer;
(b) a neglect or non-performance of duty by a police officer;
(c) any other misconduct by a police officer.

(2) A complaint of bribery, corruption, oppression or intimidation shall be addressed
to the superior police officer in charge of the district or unit to which the police officer
concerning whom the complaint is made belongs or to the Inspector-General. (3) A compliant of neglect or non-performance of duty or any other misconduct shall
be addressed to a superior police officer. (4) The Inspector-General or superior police officer, on receiving a written complaint
under this section, shall cause a full and impartial investigation to be made, and shall
(a) send a report of the conclusion to the complainant, and
(b) take an action on the report that the circumstances may require. (5) A person who knowingly makes a false or malicious complaint under this section
commits an offence and is liable on conviction to a fine not exceeding two hundred pen
alty units. 24. Desertion
(1) A police officer who deserts commits an offence and is liable on conviction to a
fine not exceeding one hundred penalty units or to a term of imprisonment not exceeding
three months or to both the fine and the imprisonment.

on to a
fine not exceeding one hundred penalty units or to a term of imprisonment not exceeding
three months or to both the fine and the imprisonment.

(2) For the purposes of subsection (1), a police officer deserts where the police offi
cer leaves or fails to attend a place of duty with the intention of remaining permanently
absent from duty without proper authority or if, having left or failed to attend at a place of
duty in any circumstances, does an act with the like intention. (3) A police officer who is absent without authority for a continuous period of
twenty-one days or more shall, for the purposes of this section, unless the contrary is
proved, be presumed to have deserted. [Issue 1] VI-3010

iod of
twenty-one days or more shall, for the purposes of this section, unless the contrary is
proved, be presumed to have deserted. [Issue 1] VI-3010

ACT 350
Police Service Act, 1970
25. False statement on appointment
A police officer who on appointment in the Service falsely states that the officer has
not been convicted of, or imprisoned for, a criminal offence or that the officer has never
been employed by the Government, commits an offence, and is liable on conviction to a
fine not exceeding two hundred penalty units or to imprisonment not exceeding six
months, or to both the fine and the imprisonment. 26. Refusal to serve
A person enlisted as a supernumerary or special police officer, and a member of the
Volunteer Police Reserve called out for active service who, without reasonable cause
refuses or neglects
(a) to serve on being called upon, or
(b) to obey a lawful order or direction,
commits an offence and is liable on conviction to a fine not exceeding two hundred pen
alty units, unless the Court is satisfied that the officer was prevented from serving or
complying with the older or direction by sickness or any other unavoidable cause that the
Court considers a sufficient excuse. 27.

ted from serving or
complying with the older or direction by sickness or any other unavoidable cause that the
Court considers a sufficient excuse. 27.

Harbouring officers
A person who harbours or entertains, or supplies an intoxicating liquor to, a police of
ficer in uniform, or a person knowing that person to be a police officer on duty or permits
that officer or person to be in or on those premises, except for a reason shown to be in
course of duty, commits an offence and is liable on conviction to a fine not exceeding one
hundred penalty units. 28. Unlawful possession of uniform and other property
(1) A person who is not a police officer who possesses an article which is part of the
clothing, accoutrements or equipment supplied to a police officer and who is not able
satisfactorily to account for the possession of it, commits an offence and is liable on con
viction to a fine not exceeding two hundred and fifty penalty units or to a term of impris
onment not exceeding twelve months, or to both the fine and the imprisonment.

not exceeding two hundred and fifty penalty units or to a term of impris
onment not exceeding twelve months, or to both the fine and the imprisonment.

(2) A police officer shall on ceasing to hold and exercise office as a police officer de
liver over the clothing, arms, accoutrements and equipment supplied to that officer free of
charge for the execution of that officer’s duty or taken by the officer for the execution of
duty to the superior police officer under whom the officer is serving and on failing to do
so the police officer commits an offence and is liable on conviction to a fine not exceed
ing two hundred and fifty penalty units or to imprisonment not exceeding twelve months,
or to both the fine and the imprisonment. (3) A person who possesses, wears or uses an article so closely resembling a part of
the uniform of a police officer as to be likely to deceive commits a misdemeanour. VI-3011 [Issue 1]

r uses an article so closely resembling a part of
the uniform of a police officer as to be likely to deceive commits a misdemeanour. VI-3011 [Issue 1]

ACT 350
Police Service Act, 1970
29. Causing disaffection
A person who causes or does an act calculated to cause disaffection among police of
ficers, or induces or does an act calculated to induce a police officer to withhold service
or commit an act of misconduct, commits an offence and is liable on conviction to a fine
not exceeding two hundred and fifty penalty units or to a term of imprisonment not ex
ceeding twelve months, or to both the fine and the imprisonment. The Volunteer Police Reserve
30. Volunteer Police Reserve
(1) There shall be a reserve body of persons to be known as the Volunteer Police
Reserve. (2) The Reserve shall not form part of the Police Service or of the Public Services
within the meaning of article 190 of the Constitution but shall be a voluntary body sub
ject to this section and to section 31. (3) Despite subsection (2), a member of the Reserve is a public officer for the pur
poses of the Criminal Offences Act, 1960 (Act 29); and a member of the Reserve when
called out for active service shall have the powers and duties given by law to a public
officer.

Act, 1960 (Act 29); and a member of the Reserve when
called out for active service shall have the powers and duties given by law to a public
officer.

(4) The Reserve shall be organised within the districts to the extent determined by the
inspector-General. (5) The Reserve in a district shall be under the control of the senior police officer of
the district and of any other officers appointed by the inspector-General. 31. Calling out for active service
(1) In case of actual or apprehended public disorder, the President, acting in accor
dance with the advice of the Cabinet, may call at the Volunteer Police Reserve or any of
its members for active service. (2) The Minister may authorise the Inspector-General to call out the Reserve or a part
of it for active service, for the periods and for the performance of the functions that the
Inspector-General considers necessary for the maintenance of law and order, the control
of traffic or crowds or otherwise for the assistance of members of the Service. (3) The period for which a member is called out under subsection (2) shall not exceed
fourteen days. (4) The superior police officer in charge of a police region or division may call out
the Reserve or any of its members within the region or division for active service.

lice officer in charge of a police region or division may call out
the Reserve or any of its members within the region or division for active service.

(5) The period for which a member is called out under subsection (4) shall not exceed
eight days. (6) For the purposes of subsection (4), a police region or division means an area es
tablished by the Inspector-General as a police region or district. (7) A person called out under this section is bound to assemble at the place directed
and perform the service that may be required. [Issue 1] VI - 3012

7) A person called out under this section is bound to assemble at the place directed
and perform the service that may be required. [Issue 1] VI - 3012

ACT 350
Police Service Act, 1970
(8) The period of active service of members of the Reserve shall continue,
(a) in the case of calling out under subsection (1), until the President by order
terminates the period of calling out;
(b) in the case of calling out under subsection (2) or (3), until the period of
calling out is terminated, by writing signed personally by the officer who
called out the Reserve or until the date stipulated in the notice of calling
out. (9) This Act does not render a member of the Reserve liable to serve or proceed on
duty without the consent of the member beyond the limits of the district of the Reserve in
which the member is resident. Miscellaneous and Supplemental
32. Regulation of traffic
(1) A superior police officer or any other police officer so authorised by a superior
police officer may, for the purpose of preserving public order and safety stop, divert or
otherwise direct and regulate the flow of traffic.

superior
police officer may, for the purpose of preserving public order and safety stop, divert or
otherwise direct and regulate the flow of traffic.

(2) A person who opposes or disobeys an order under subsection (1) commits an of
fence and is liable on conviction to a fine not exceeding one hundred penalty units or to a
term of imprisonment not exceeding three months, or to both the fine and the imprisonment. 33. Duty in case of fire
(1) A police officer shall assist in the extinguishment of a fire which threatens life or
property and for that purpose a police officer may enter a building or part of it and do all
other things which the police officer considers necessary to check the spread of the fire. (2) Damage occasioned by the officer in the discharge of a duty shall be deemed for
all purposes to be damage by fire. (3) A person who obstructs a police officer in the discharge of a duty under subsec
tion (1) commits an offence and liable on conviction to a fine not exceeding two hundred
penalty units or to a term of imprisonment not exceeding six months, or to both the fine
and the imprisonment. 34.

to a fine not exceeding two hundred
penalty units or to a term of imprisonment not exceeding six months, or to both the fine
and the imprisonment. 34.

Police welfare fund
(1) There shall be a police welfare fund, and there shall be paid to the Accountant
General to the credit of the fund the fines imposed on police officers in disciplinary pro
ceedings, the sums of money paid for hire of police officers, voluntary contributions and
moneys granted by Parliament. (2) The fund shall be under the control of the Inspector-General and in accordance
with the Regulations, there shall be payable from the fund
(a) rewards and gratuities to, or in respect of, subordinate police officers;
(b) grants for providing and improving comforts, conveniences and advan
tages, not chargeable to the general revenue, for the benefit of subordinate
police officers;
(c) gratuities to, or in respect of, dependants of a deceased subordinate police
officer. VI-3013 (Issue ]]

he benefit of subordinate
police officers;
(c) gratuities to, or in respect of, dependants of a deceased subordinate police
officer. VI-3013 (Issue ]]

ACT 350
Police Service Act, 1970
35. Disposal of property in possession of police
(1) Where property has come into the possession of the police a Magistrate may, on
application by or on behalf of the Inspector-General or by a claimant of the property,
make an order for the delivery of the property to the person appearing to the Magistrate to
be entitled to it. (2) An order under subsection (1) shall not affect the right of a person to take legal
proceedings against the person in possession of property delivered by virtue of the order
for the recovery of the property. (3) The Minister may, by legislative instrument, make Regulations to regulate the
disposal of a property which has come into the possession of the police where the owner
of the property cannot be ascertained or an order of a Magistrate has not been made with
respect to it.

o the possession of the police where the owner
of the property cannot be ascertained or an order of a Magistrate has not been made with
respect to it.

(4) The Regulations may authorise the sale of the property, and the application of the
proceeds of sale, and the application of money of which the owner cannot be ascertained,
to all or any of the following purposes:
(a) the expenses of executing the Regulations;
(b) the payment of reasonable compensation to a person by whom the property
has been delivered into the possession of the police;
(c) the making of payments for the benefit of discharged prisoners or of per
sons dependent on prisoners or discharged prisoners;
(d) the fund; or
(e) any other purpose directed by the Minister. (5) Where the property is a perishable article or its custody involves unreasonable
expense or inconvenience it may be sold, but the proceeds of sale shall not be disposed of
until they have remained in the possession of the police for six months; and in any other
case the property shall not be sold until it has remained in the possession of the police for
six months. 36.

police for six months; and in any other
case the property shall not be sold until it has remained in the possession of the police for
six months. 36.

Annual report
(1) As soon as may be after the 30th day of June in each year the Inspector-General
shall prepare a report giving details of the administration of the Service and the Volunteer
Police Reserve during the previous twelve months. (2) The report shall be submitted to the Minister who shall lay it before Parliament. 37. Regulations
(1) Subject to articles 195, 196 and 197 of the Constitution, the Police Council, with
the approval of the President may by Constitutional instrument, under clause (3) of arti
cle 203 of the Constitution, make Regulations
(a) in respect of the matter referred to clause (3) of article 203 of the
Constitution;
(b) designating posts created under any other enactment as Service posts;
[Issue 1] VI-3014

referred to clause (3) of article 203 of the
Constitution;
(b) designating posts created under any other enactment as Service posts;
[Issue 1] VI-3014

ACT 350
Police Service Act, 1970
(c) dividing the Service into branches and divisions, and specifying the com
position, organisation and functions of a branch or division and the func
tions of a member of the branch or division;
(d) creating posts and ranks in the Service and specifying the number of per
sons constituting each rank or grade of post;
(e) providing, in relation to each post or rank created by or under this Act, the
conditions of service attached to it;
() providing for the enlistment in the Service of persons as supernumerary or
special police officers for specified purposes or occasions;
(g) for the determination of the salary or salary scale payable to a police
officer;
(h) regulating the award of increments of salary, and the payment of allow
ances and other additional remuneration;
(i) regulating hours of work and the granting of leave with or without pay or
allowances;
() for making available to police officers, with or without charge housing ac
commodation, medical treatment or other facilities;
(k) regulating the presentation of petitions by police officers;
(I) for any other matters relating to the conditions of service of police officers;
(m) providing for the retirement ages, pensions, gratuities and other allowances,
conditions for resignation, and the procedure to be followed in determining
whether a police officer should be removed or should retire for medical
reasons;8
(n) providing for the transfer of a police officer, with the consent of that offi
cer, to employment in another Public Service or to any other approved
employment;
(o) providing for the making of payments from the fund;
(p) providing for the organisation of the Volunteer Police Reserve, the fixing
of the numbers and ranks of its members, the enrolment in, discipline in,
and loss of membership of, the Reserve;
(q) providing for any other matter which under this Act is to be prescribed or
which otherwise relates to the administration and functions of the Service
or the Volunteer Police Reserve.

hich under this Act is to be prescribed or
which otherwise relates to the administration and functions of the Service
or the Volunteer Police Reserve.

(2) Subject to the Regulations and to the directions given by the Minister, the Inspec
tor-General may issue Police Service Instructions providing for a matter referred to in
paragraphs (g) to (I) of subsection (1), and a matter otherwise relating to the administra
tion and functions of the Service or the Volunteer Police Reserve. 8. Amended by section 3 of the Police Service (Pensions) Law, 1985 (P.N.D.C.L. 126). VI - 3015 (Issue 1]

the Service or the Volunteer Police Reserve. 8. Amended by section 3 of the Police Service (Pensions) Law, 1985 (P.N.D.C.L. 126). VI - 3015 (Issue 1]

ACT 350
Police Service Act, 1970
38. Control of private security organisations
(1) The Minister may, by legislative instrument, make Regulations
{a) controlling the establishment and operations of a private security
organisation,
(b) requiring the registration of private security organisations,
(c) regulating the conditions of employment of persons in a private security
organisation,
(d) regulating the use of uniforms by a private security organisation,
(e) prescribing fees and forms for any of the above purposes. (2) A doubt as to whether or not an organisation is a private security organisation
shall be determined by the Minister. 39.

ny of the above purposes. (2) A doubt as to whether or not an organisation is a private security organisation
shall be determined by the Minister. 39.

Interpretation
In this Act, unless the context otherwise requires,
“ approved employment” means an employment that the Minister may by execu
tive instrument specify;
“fund” means the police welfare fund established under section 34;
“ Inspector-General” means the Inspector-General of Police;
“Minister” means the Minister to whom responsibility for the Service is assigned
by the President;
“police officer” means a member of the Police Service;
“prescribed” means prescribed by Regulations made under section 36;
“prisoner” includes a person involved in a criminal case and who is in police
custody;
“ private security organisation” includes an organisation which undertakes pri
vate investigations as to facts or the character of a person, or which performs services
of watching, guarding, patrolling or carriage for the purpose of providing protection
against crime, but does not include the Police Service, the Prisons Service or the
Armed Forces;
“Regulations” means Regulations made under this Act;
“salary” includes wages;
“Service” means the Police Service;
“subordinate police officer” means a member of the Police Service other than a
superior police officer;
“superior police officer” means an officer not below the rank of Assistant Super
intendent of Police.

ce Service other than a
superior police officer;
“superior police officer” means an officer not below the rank of Assistant Super
intendent of Police.

[Issue 1] VI-3016

[Issue 1] VI-3016

ACT 350
Police Service Act, 1970
40. Repeals and savings
(1) The following enactments are hereby repealed:
(a) sections 150 and 151 of the Criminal Procedure Code, 1960 (Act 30);
(b) the Police Service Act, 1965 (Act 284);
(c) the Police Service Act, 1965 (Amendment) Decree, 1966 (N.L.C.D. 16);
(d) the Police Service Act, 1965 (Commencement) Decree, 1966 (N.L.C.D. 25);
(e) the Police Service Act, 1965 (Amendment) Decree, 1969 (N.L.C.D. 336). (2) Despite the repeal of the above enactments, the following statutory instruments
shall continue in force as if made under the corresponding provisions of this Act, until
modified or revoked:
(a) the Police Force Regulations, 1922 (No. 7);
(b) the Police Reward Fund Regulations, 1922 (No. 8);
(c) the Transport of Private Property (Police Escort) Regulations, 1922 (No. 20);
(d) the Police Force (Volunteer Police Reserve) Regulations, 1939 (No. 16);
(e) the Unclaimed Property Disposal Regulations, 1941 (No. 37);
() the Police Force (Volunteer Police Reserve) (Amendment) Regulations, 1956
(L.N. 134);
(g) the Police Force (Volunteer Police Reserve) (Amendment) (No. 2) Regula
tions, 1956 (L.N.

Police Reserve) (Amendment) Regulations, 1956
(L.N. 134);
(g) the Police Force (Volunteer Police Reserve) (Amendment) (No. 2) Regula
tions, 1956 (L.N.

245);
(h) the Unclaimed Property Disposal (Amendment) Regulations, 1963 (L.I. 321). (3) Despite the repeals effected by subsection (1), the Police Service Instructions issued
under the Police Service Act, 1965 and in force immediately before the commencement of
this Act shall continue in force as if made under section 37 (2) of this Act, until modified
or rescinded. 41. Amendment of Criminal Offences (Procedure) Act
The Criminal and Other Offences (Procedure) Act, 1960 (Act 30) is hereby amended
by the insertion immediately after section 149 of the following new section:
“150. Property in possession of police
Where property has come into the possession of the police in connection with a
criminal charge it shall be dealt with in accordance with section 35 of the Police Ser
vice Act, 1970 (Act 350).”
VI-3017 [Issue 1]