CCH, DSM Retired Assistant Commissioner of Police and Retired Chairman Police Service Commission
The issue of when members of the Guyana Police Force can be placed under “Close Arrest” has attracted the attention of the public, especially in recent times following several serious incidents involving members of the Force.
The terms “Close Arrest” and “Open Arrest” have been incorrectly used and applied over the years.
Section 10 of the Police (Discipline) Act, Chapter 17:01 addresses the issue of when a member of the Guyana Police Force can be placed under close arrest and open arrest.
Section 10 of the Police (Discipline) Act Chapter 17:01 states, in part:
10. (1) Any member of the Force may be placed under arrest—
(a) if he is under the influence of intoxicating liquor to such an extent as to be incapable of performing his duty;
(b) if he commits any insubordinate act, or uses any insubordinate or disrespectful language to a person in authority over him;
(c) if he wilfully disobeys the lawful order of his superior;
Or
(d) if he strikes or attempts to strike any member of the Force superior in rank to himself.
(2) When any member of the Force is placed under arrest an immediate report of the fact and of the circumstances of his arrest shall be made by the person effecting the arrest to the Commissioner.
(3) Arrest shall be of two kinds as follows—
(a) open arrest—when any member of the Force is placed under open arrest, he shall be deprived of all privileges and leave until the case is disposed of and he shall attend all parades and do duty as required;
(b) close arrest—in the case of a member of the Force of or above the rank of inspector, he shall be confined to his quarters under guard, and in the case of any other member of the Force below the rank of inspector to some suitable place in the police station premises other than prisoners’ cell under guard.
(4) When any member of the Force is placed under close arrest, his identification card, whistle, baton, arms and ammunition shall be given up by him forthwith in such manner as the member of the Force or officer who places him under arrest may direct.
(5) No member of the Force shall be placed under arrest under this section by any member of the Force of inferior rank to himself.
(6) Any member of the Force who, while under arrest, is guilty of continued violence or misconduct shall in serious cases be confined as an ordinary prisoner in the lock-up of the station at which he may be at the time.
(7) Any member of the Force who, while under arrest at any time, complains of illness, shall, if in the City of Georgetown, be seen by the Government Medical Officer assigned duties with the Force and if elsewhere by any other Government Medical Officer, who shall be sent for forthwith.
(8) A member of the Force placed under close arrest charged with an offence against discipline shall not, unless the Commissioner otherwise directs, be detained under close arrest for a period longer than twenty-four hours but shall thereafter be released and placed on open arrest or on duty pending his trial.
(9) Where it is not practicable for a direction to be given by the Commissioner within twenty-four hours from the time the member of the Force has been placed under arrest, he shall be released and placed on duty pending his trial, unless in the opinion of his officer in charge such a course would be prejudicial to proper discipline, in which case the Commissioner shall be notified to that effect and the arrest shall be continued until the Commissioner has given his direction except that such arrest shall not continue for a period exceeding eight days.
(10) Where the period of arrest is longer then twenty-four hours a daily report shall, if possible, be made to the Commissioner.
(11) Subject to the provisions of this section, a member of the Force who is placed under close arrest charged with an offence against discipline may, in the discretion of his officer in charge, be placed under open arrest.
NOTE: The arrest period in Section 9 is no longer applicable because of the constitutional provision, which states that a person cannot be kept in police custody for more than 24 hours unless a judge so directs.
From the foregoing, it is pellucid that a member of the Guyana Police Force can only be placed under close arrest if he commits one of the disciplinary breaches identified in section 10 (1) of the Police (Discipline) Act, Chapter 17:01.
There is no provision in law for a member of the Force who is alleged to have committed a criminal offence to be placed under close arrest, and subsequently open arrest. Such persons should be arrested in the manner prescribed by law. All other procedures relating to someone who is arrested should thereafter be followed.
Mr. Paul Slowe
CCH, DSM Retired Assistant Commissioner of Police and Retired Chairman Police Service Commission
