Saturday, March 16 2013

Clause 2

(2A) When any unit of the Defence Force is charged under subsection (2) with the duty of assisting any member of the Police Service in the maintenance of law and order and is engaging in so doing, the members of the unit shall –



(a) have the same powers, authorities, privileges and immunities as are given by law to members of the Police Service; and



(b) be under the command and control of the Chief of Defence Staff and in these circumstances the Chief of Defence Staff shall not be subject to the general or special directions of the Minister, notwithstanding any written law to the contrary.



(2B) The Chief of Defence Staff shall, within three months of the commencement of the Miscellaneous Provisions (Defence and Police Complaints) Act, 2013, make standing orders to establish a code of conduct to govern any member of a unit of the Defence Force referred to in subsection (2A), which shall be published in the Gazette and twice in two daily newspapers.



(2C) Where a member of the Defence Force has arrested any person pursuant to subsection (2A) he shall, without delay and in any event as soon as is reasonably practicable, hand that person and any items seized over to the senior police officer whom he is assisting or to the nearest police station and record or cause to be recorded the circumstances occasioning the arrest.



Clause 5

5. Section 4 of the Police Complaints Authority Act is amended in the definition of “police officer” – ... by inserting... the following paragraph: “a member of the Defence Force charged under section 5(2) of the Defence Act with the duty of assisting any member of the Police Service in the maintenance of law and order and is engaged in so doing.”



Clause 6

6. This Act shall continue in force for a period of two years from the date of its commencement.