94

94. POLICE FORCE (1) The power to appoint a person to hold or act in the office of Commissioner of Police and, subject to the provisions of section 96, the power to remove the Commissioner from office shall vest in the Governor General, acting in accordance with the advice of the Public Service Commission: Provided that before the Commission tenders advice to the Governor General with respect to the appointment of any person to hold the office of Commissioner the Commission 98 Cap. 1.01 Constitution of Saint Lucia Laws of Saint Lucia Revision Date: 31 Dec 2006 shall consult with the Prime Minister and if the Prime Minister signifies his or her objection to the appointment of any person to the office the Commission shall not advise the Governor General to appoint that person. (2) The power to appoint persons to hold or act in offices in the Police Force below the rank of Commissioner of Police but above the rank of Inspector (including the power to confirm appointments), and, subject to the provisions of section 96, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Public Service Commission. (3) The power to appoint persons to hold or act in offices in the Police Force of or below the rank of Inspector (including the power to confirm appointments), and, subject to the provisions of section 96, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Commissioner of Police. (4) The Commissioner of Police may, by directions given in such manner as he or she thinks fit and subject to such conditions as he or she thinks fit, delegate any of his or her powers under subsection (3) to any other member of the Police Force. (5) A police officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him or her in the exercise of any judicial function conferred on him or her unless the Judicial and Legal Services Commission concurs therein. (6) In this section references to the rank of Inspector shall, if the ranks within the Police Force are altered (whether in consequence of the reorganization or replacement of an existing part of the Force or the creation of an additional part) be construed as references to such rank or ranks as may be specified by the Public Service Commission by order published in the Official Gazette, being a rank or ranks that in the opinion of the Commission most nearly correspond to the rank of Inspector as it existed before the alteration. Laws of Saint Lucia Constitution of Saint Lucia Cap. 1.01 99 Revision Date: 31 Dec 2006