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ARRANGEMENT OF REGULATIONS
PART I—DISCIPLINARY AUTHORITIES
Regulation
1. Central Disciplinary Board
2. Regional Disciplinary Board
3. Disciplinary authorities
PART II—PROCEDURE
4. Types of proceedings
5. Preliminary investigation
6. Written charge to be preferred
7. Opportunity for explanation
8. Withdrawal of charges
9. Rights of defendant
10. Requirements for all
proceedings
11. Requirements for summary
proceedings
12. Requirements for formal
proceedings
13. Representation by counsel or
superior officer
14. Interdiction
15. Referring cases to higher
authority
16. Action of Regional Board in a
case referred
17. Action of Central Board in a
case referred
18. Procedure for imposition of
penalties
19. Absence from duty
20. Removal for unsatisfactory
service
21. Institution of criminal
proceedings
22. Action on conviction in
criminal proceedings
23. Appeals
PART III—GENERAL
24. Revocation.
IN exercise of the powers
conferred on the Commissioner
after consultation with the
Inspector-General of Police by
section 20 (3) of the Police Force
Act, 1970 (Act 350), these
Regulations are made this 9th day
of December, 1974.
PART I—DISCIPLINARY AUTHORITIES
Regulation 1—Central Disciplinary
Board.
(1) There shall be a Police
Central Disciplinary Board, in
these Regulations referred to as
“the Central Board”, consisting of
the Commissioner of Police
Administration, or the most senior
police officer for the time being
in charge of administration at the
Police Headquarters, and two other
senior police officers at the
Headquarters not below the rank of
Assistant Commissioner of Police.
(2) The quorum for the Central
Board shall be two, one of whom
shall act as Chairman when the
Chairman is absent on leave.
Regulation 2—Regional Disciplinary
Board.
(1) There shall be a Police
Regional Disciplinary Board, in
these Regulations referred to as
"a Regional Board”, for each
Police Region.
(2) Each Board shall consist of
the superior police officer in
charge of the Region, and two
other superior police officers
appointed by the Inspector-General
of Police.
(3) The quorum for a Regional
Board shall be two, one of whom
shall act as Chairman when the
Chairman is absent on leave.
(4) For the purpose of these
Regulations, the expression
“Police Region” means an area
designated as such by Police Force
Instructions.
Regulation 3—Disciplinary
Authorities.
(1) Where the Chairman of the
National Redemption Council
delegates disciplinary powers to
the Inspector-General, the
following shall be disciplinary
authorities:—
(a) the Central Board, which shall
have power to impose all
penalties;
(b) A Regional Board, which shall
have power to impose—
(i)
all penalties on all ranks up to
sergeant, and
(ii) all minor penalties;
(c) a superior police officer, who
shall have power to impose a
penalty not more severe than
stoppage of increment for one
year.
(2) Where disciplinary powers have
been delegated to the
Inspector-General, he may in
writing direct the Central Board
or a Regional Board to nominate a
superior police officer to enquire
into the conduct of any member of
the Force not below the rank of
Assistant Superintendent of
Police.
(3) A major penalty imposed by a
Regional Board shall be subject to
review and approval by the Central
Board, which may—
(a) approve the penalty; or
(b) substitute a finding of its
own and reduce, cancel, increase
or alter the penalty; or
(c) annul the proceedings before
the Regional Board; or
(d) before taking any action refer
the proceedings back to the
Regional Board for such further
investigation and report as the
Central Board may direct.
(4) Any penalty imposed by a
superior police officer shall be
subject to review and approval by
a Regional Board, which may—
(a) approve the penalty; or
(b) substitute a finding of its
own and reduce, cancel, increase
or alter the penalty; or
(c) annul the proceedings before
the superior police officer; or
(d) before taking any action refer
the proceedings back to the
superior police officer for such
further investigation and report
as the Regional Board may direct.
(5) A penalty which requires
approval under paragraph (3) or
(4) of this regulation shall not
take effect until it has been so
approved.
PART II—PROCEDURE
Regulation 4—Types of Proceedings.
(1) Disciplinary proceedings shall
be either summary or formal.
(2) Summary proceedings shall be
a simple procedure in which the
details and brief record are
contained in a police disciplinary
report form, and evidence shall
not be recorded in writing nor
shall it be on oath.
(3) Formal proceedings shall be
conducted—
(a) when it is considered by the
appropriate disciplinary authority
that the case, if proved, calls
for the imposition of a major
penalty;
(b) when the case is one in which
the disciplinary authority is the
National Redemption Council; and
(c) when the Inspector-General,
the Central Board or a Regional
Board considers that in all the
circumstances of the case formal
proceedings are desirable.
Regulation 5—Preliminary
Investigation.
Before disciplinary proceedings
are instituted the appropriate
disciplinary authority may cause
an investigation to be made into
the matter in such manner as he
thinks fit.
Regulation 6—Written Charge to be
Preferred.
(1) A written charge shall be
preferred in all disciplinary
proceedings, and shall include the
time, date and place of the
offence which shall be stated and
described.
(2) In formal proceedings, a copy
of the written charge shall be
served on the defendant not less
than three days before the
hearing.
(3) In summary proceedings the
written charge need not be served
on the defendant, but the hearing
shall commence as soon as
practicable and the charge shall
thereupon be read to the defendant
in the orderly room.
Regulation 7—Opportunity for
Explanation.
(1) At the time when a written
charge is served upon a defendant
in formal proceedings in
accordance with regulation 6, he
shall be informed that he may
submit a written statement in
explanation of the alleged offence
within three days.
(2) A defendant in formal
proceedings may request the
appropriate disciplinary authority
in writing for an extension of
time within which to submit a
statement in explanation, and the
disciplinary authority, if
satisfied that the request is
reasonable, may grant such
extension and shall not proceed to
hear the charge until the
expiration of the period of such
extension.
(3) A written statement submitted
in explanation in accordance with
this regulation shall be sent to
the appropriate disciplinary
authority who, if he is satisfied
with the explanation, shall
withdraw the charge preferred and
inform the defendant accordingly
in writing.
Regulation 8—Withdrawal of
Charges.
A
disciplinary authority may at any
time for good cause withdraw a
charge preferred and shall inform
the defendant accordingly in
writing.
Regulation 9—Rights of
Defendants.
(1) A defendant shall be presumed
to be innocent until he is proved
or has pleaded guilty.
(2) He shall be given adequate
time and facilities for the
preparation of his defence.
(3) Except with his own consent,
the hearing of disciplinary
proceedings shall not take place
in his absence unless he so
conducts himself as to render the
continuance of the proceedings in
his presence impracticable and the
disciplinary authority has ordered
him to be removed and the
proceedings to continue in his
absence.
(4) Where he has been either found
guilty or acquitted of a charge of
misconduct arising out of
particular facts, he shall not
again be charged for misconduct
arising out of substantially the
same facts.
(5) He shall not be compelled to
give evidence in any proceedings
against him.
(6) He shall entitled to give
evidence on his own behalf and to
call witnesses for that purpose.
(7) He shall be entitled to
cross-examine any witnesses
against him and to examine any
witnesses called by him.
Regulation 10—Requirements for all
Proceedings.
(1) The following requirements
shall be observed in the conduct
of all disciplinary proceedings:—
(a) at the commencement of the
hearing the charge shall be read
over and, if necessary,
interpreted and explained to the
defendant;
(b) the defendant shall then be
called upon to plead guilty or not
guilty;
(c) any written statement in
explanation which the defendant
may have made in accordance with
regulation 7 shall be placed in
evidence when the time comes for
the defendant to make his defence,
and shall be read over by the
disciplinary authority to the
defendant, who shall then be
permitted, if he so wishes, to
make a further verbal statement in
explanation.
(2) A plea other than “ guilty” or
“ not guilty” shall not be
accepted, and where a defendant
persists in making a plea other
than “guilty” or “ not guilty “,
or refuses to plead, a plea of “
not guilty”, shall be entered on
his behalf by the disciplinary
authority.
(3) All disciplinary charges
shall be disposed of as
expeditiously as possible.
(4) A superior police officer who
is a witness for the prosecution
in any disciplinary proceedings
shall be debarred from conducting
such proceedings in person or from
sitting as a member of a Board to
hear such proceedings.
(5) Where under paragraph (4) of
this regulation a superior police
officer is debarred from sitting
as a member of a Board, the
Inspector-General, on being so
informed, shall in writing appoint
another superior police officer in
the Region to serve on the Board
for the duration of the
proceedings under reference.
Regulation 11—Requirements for
Summary Proceedings.
(1) The Central Board, a Regional
Board or a superior police officer
may in their discretion hold
summary proceedings where all the
following conditions are
satisfied:—
(a) the authority vested in such
disciplinary authority permits him
to deal with the case;
(b) having regard to the gravity
of the offence the disciplinary
authority considers that his
powers of punishment are adequate;
(c) the defendant, and any
witnesses for and against him, are
present in person.
(2) A superior police officer
shall not hold summary proceedings
if the offence is of such a nature
as to warrant the imposition of a
major penalty.
Regulation 12—Requirements for
Formal Proceedings.
The following requirements shall
be observed in the conduct for of
all formal proceedings:—
(a) after the defendant has
pleaded, evidence shall be taken
on oath or affirmation;
(b) opportunity shall be given to
the defendant to cross- examine
any witnesses who may be called to
give evidence against him;
(c) the defendant shall then be
permitted to give evidence and to
call witnesses on his own behalf;
(d) documents or exhibits
tendered by the prosecution or the
defence may be admitted in
evidence;
(e) any police officer shall be
compellable at the instance of the
prosecution or the defence
(subject to any enactment relating
to evidence for the time being in
force) to give evidence or produce
exhibits;
(f) when a defendant, having
heard the evidence, wishes to make
a statement, he shall be informed
that any statement he may make may
be made on oath or otherwise at
his option, and that such verbal
statement will be put in evidence;
(g) the proceedings shall be
recorded in writing, and any
verbal statement which a defendant
may make in addition to his
written statement of explanation
shall be taken down in writing.
Regulation 13—Representation by
Counsel or Superior Officer.
(1) The defendant in any formal
proceedings for his removal,
dismissal or reduction in rank
shall be entitled, if he so
wishes, to be represented by
counsel, or by a police officer
not below the rank of Inspector
Grade I.
(2) The defendant in any other
formal proceedings may be
permitted sure representation at
the discretion of the disciplinary
authority presiding over those
proceedings.
(3) The prosecution in formal
proceedings may be permitted such
representation, for good reason
shown, at the discretion of the
disciplinary authority presiding,
and in such case the defendant, if
he so wishes, shall be permitted
to be represented in the same
manner.
(4) Notwithstanding the foregoing
provisions, no superior officer
who is in any manner concerned in
or connected with the case under
enquiry shall be permitted to
represent a defendant.
Regulation 14—Interdiction.
(1) Where proceedings for the
dismissal or removal of a police
officer are being or are about to
be taken or if criminal
proceedings are being instituted
against him, the Inspector-General
may, if he considers that the
interests of the Force require
that the police officer concerned
should cease forthwith to exercise
the powers and functions of his
office, interdict him from the
exercise of those powers and
functions.
(2) A police officer shall not be
interdicted unless the nature of
the case renders it desirable that
he should not remain on duty while
the case is pending, and he cannot
be posted to other duties without
detriment to the interests of the
Force.
(3) Where a superior police office
considers that any police officer
under his command should be
interdicted, he shall send a
request for interdiction to the
Inspector-General by the quickest
possible means.
(4) If the decision of the
Inspector-General is unlikely to
be obtained within a period of
forty-eight hours, the senior
superior police officer in the
unit or branch concerned may order
that a subordinate police officer
under his command shall cease to
exercise his powers and functions,
and shall report forthwith to the
inspector-General the fact that
the order has been given and the
reasons therefor.
(5) Where the Inspector-General
receives a report under paragraph
(4) he may—
(a) approve the interdiction of
the police officer concerned and
notify him that he has been
interdicted and that such
interdiction shall date from the
time the order was given under
paragraph (4); or
(b) decide not to exercise his
powers to interdict and inform the
parties concerned that the order
is accordingly cancelled.
(6) A police officer who is
interdicted shall receive a salary
equivalent to two-thirds of his
gross salary plus the sum of any
deductions made from his salary on
Government account, or ¢500 per
annum whichever is the greater:
Provided that a police officer who
is convicted of a criminal offence
shall not receive any emoluments
from the date of the judgment,
pending the decision of the
disciplinary authority empowered
to dismiss him.
(7) If the disciplinary
proceedings do not result in the
dismissal of the police officer
concerned the whole of the salary
withheld from him shall be
restored to him when the final
decision is made.
(8) A police officer who is
convicted of a criminal offence
involving fraud, theft or
dishonesty, or who is sentenced to
imprisonment, shall be
automatically interdicted from
duty without salary as from the
date of his conviction.
(9) A police officer interdicted
from duty shall not leave Ghana
without the permission of the
Inspector-General.
Regulation 15—Referring Cases to
Higher Authority.
When it appears to a superior
police officer that there is a
prima facie case that any police
officer serving under his command,
and for whose discipline he is
responsible has committed
misconduct and—
(a) the extent of his
disciplinary authority does not
permit him to deal with the
offender; or
(b) the circumstances are such
that if the case were proved the
punishment which he could impose
would in his opinion be
inadequate.
he shall if the service is in a
Region, report the facts of the
case to the senior police officer
in charge of the Region for action
by the Regional Board, and
otherwise he shall report direct
to the Inspector-General for
action by the Central Board.
Regulation 16—Action of Regional
Board in a Case Referred.
When a Regional Board receives a
report under the provisions of
regulation 15, it may, after
considering the facts of the case
take action as follows:—
(a) if in the opinion of the
Board the superior police officer
who submitted the report has
adequate disciplinary authority to
deal with the case the Board shall
instruct him to deal with it
accordingly; or
(b) if in the opinion of the
Board the case is one which any
other superior police officer
should deal with by summary
proceedings, the Board shall fix a
suitable time and date for such
proceedings and notify the
superior police officer concerned
accordingly; or
(c) if, after causing such
preliminary investigation to be
made as the Board shall consider
necessary, the Board is of opinion
that the case should be dealt with
by formal proceedings the Board
shall formulate charges against
the defendant and nominate an
officer to hear the case; or
(d) if the Board is satisfied that
the punishment which it could
impose would be inadequate, or
that it has insufficient
disciplinary authority to deal
with the case, it shall report the
facts to the Central Board which
shall formulate charges against
the defendant and nominate an
officer to hear the case; or
(e) the officer on completion of
the enquiry shall submit the
record of proceedings together
with his findings and
recommendations as to punishment
to the Central Board.
Regulation 17—Action of Central
Board in a Case Referred.
When the Central Board receives a
report from a Regional Board under
the provisions of regulation 16,
or receives the report of a
superior police officer from the
Inspector-General under the
provisions of regulation 15, it
shall after considering the facts
of the case, take action as
follows:—
(a) if the Central Board is of
opinion that the case is one which
the Regional Board or superior
police officer concerned has
adequate disciplinary authority to
deal with, it shall instruct the
Regional Board or superior police
officer to deal with the case
accordingly; or
(b) if the Central Board is of
opinion that the case is one which
it should deal with by summary
proceedings it shall fix a
suitable date and time for such
proceedings and notify the
Regional Board or superior police
officer concerned accordingly; or
(c) if, after causing such
preliminary investigation to be
made as the Board shall consider
necessary, the Board is of opinion
that the case should be dealt with
by formal proceedings the Board
shall formulate charges against
the defendant and proceed to hear
the case.
Regulation 18—Procedure for
Imposition of Penalties.
(1) Where a Board or superior
police officer has completed the
hearing of proceedings, that
disciplinary authority may impose
such penalty within its powers as
it considers adequate.
(2) If after completing a hearing
a Regional Board forms the view
that the maximum penalty which it
can impose is inadequate, it shall
send the findings and other
relevant documents to the Central
Board which shall thereupon impose
such penalty within its powers as
it considers adequate.
(3) If after completing a hearing
a superior police officer forms
the view that the maximum penalty
which he can impose is inadequate,
he shall send the findings and
other relevant documents to the
Regional Board which shall
thereupon impose such penalty
within its powers as it considers
adequate.
Regulation 19—Absence from Duty.
Notwithstanding the provisions of
regulation 9, where a police
officer is absent from duty
without leave or reasonable cause,
and cannot be traced within a
reasonable time, or if traced
continues to absent himself,
disciplinary proceedings against
him may be conducted and the
appropriate disciplinary authority
may impose such penalty within its
powers as it thinks fit upon him,
notwithstanding that he does not
attend such proceedings, or that
he cannot be notified.
Regulation 20—Removal for
Unsatisfactory Service.
(1) Where the Inspector-General
considers it necessary to
institute proceedings against a
police officer for his removal
from the Force or reduction in
rank on the ground of
unsatisfactory service, the
Inspector-General shall direct a
Regional Board or the Central
Board or a superior police officer
to inquire into the matter in such
manner as the Board or the
superior police officer thinks
proper by way of formal
proceedings.
(2) The Board or superior police
officer so directed shall allow
the police officer concerned an
opportunity to show cause why he
should not be removed from the
Force or otherwise dealt with, for
unsatisfactory service.
(3) On the conclusion of its
inquiry, the Board or the superior
police officer shall take action
as follows:—
(a) if the Board or the superior
police officer, on completion of
the inquiry, considers that the
allegation of unsatisfactory
service has not been substantiated
the Board or the superior police
officer shall record that finding
and forward the record of
proceedings together with any
comments to the Inspector-General
who may either accept that finding
or substitute a finding of his
own, or
(b) if the Board or the superior
police officer finds that the
police officer concerned should be
removed from the Force or reduced
in rank on the ground of
unsatisfactory service, the Board
or the superior police officer
shall forward the proceedings with
any such recommendation to the
Inspector-General for the
imposition of such penalty; or
(c) if the Board or the superior
police officer finds that the
allegation of unsatisfactory
service has been substantiated but
that the circumstances are not
sufficiently serious to require
the removal or reduction in rank
of the police officer concerned,
the Board or the superior police
officer shall make such
recommendation as is considered
appropriate and forward the
proceedings together with the
recommendations to the Inspector-
General for any action he may wish
to take.
Regulation 21—Institution of
Criminal Proceedings.
The procedure for the institution
of criminal proceedings against a
member of the Force shall be as
laid down in Police Force
Instructions.
Regulation 22—Action on Conviction
in Criminal Proceedings.
(1) Where a member of the Force
is convicted of a criminal charge
in any Court, the facts shall be
reported to the Inspector-General
who, if satisfied that the
conviction has brought such a
degree of disrepute on the Force
as to warrant the dismissal or
removal of the person so
convicted, shall refer the matter
to the appropriate disciplinary
authority for the imposition of
such penalty as the disciplinary
authority may think fit.
(2) The procedure for reporting
cases and the method of dealing
with such cases shall be as laid
down in Police Force Instructions.
Regulation 23—Appeals.
(1) Where a penalty is imposed on
a police officer of the rank of
Inspector and above he may appeal
to the Police Council against the
decision, and the penalty shall
not take effect until the appeal
is determined.
(2) Where a penalty is imposed on
a police officer below the rank of
Inspector he may appeal to the
Inspector-General of Police
against the decision, and the
penalty shall thereupon take
effect until the appeal is
determined.
(3) No appeal shall be entertained
unless it is submitted within six
weeks after the date on which the
decision of the disciplinary
authority is conveyed to the
police officer concerned.
(4) An appeal shall be sent to the
Police Council or
Inspector-General of Police
through the disciplinary authority
who made the decision which is the
subject of the appeal. The
disciplinary authority shall
attach to the appeal a copy of the
record of the proceedings, the
finding of the inquiry or
investigation and all other
relevant documents.
(5) When a police officer is
notified of a penalty imposed on
him in disciplinary proceedings,
he shall be informed that an
appeal may be lodged with the
Police Council or, as the case may
be, with the Inspector-General of
Police, within six weeks of such
notification
(6) The Police Council or
Inspector-General of Police on
hearing an appeal under these
Regulations may substitute a
finding of their own for any
finding appealed against and may
allow or dismiss the appeal and
shall have power to reduce,
cancel, increase or alter any
penalty imposed.
(7) The Police Council or
Inspector-General of Police when
considering an appeal under these
Regulations may, after
consultation with the Central
Board, annul any proceedings
brought under these Regulations
whether or not those proceedings
are completed.
(8) The Police Council or
Inspector-General of Police when
considering an appeal under these
Regulations may before taking any
action refer the proceedings back
to the relevant Board or superior
police officer for such further
investigation and report as the
Police Council or
Inspector-General of Police may
direct.
PART III—GENERAL
Regulation 24—Revocation.
The Police Service (Disciplinary
Proceedings) Regulations, 1971 (L.I.
688) are hereby revoked.
J.H. COBBINA
Commissioner for Internal Affairs
Date of Gazette Notification:
13th December, 1974
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