Police Service Act 1977

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3. Establishment of Police Service and abolition of Police
4. Ranks
4A. Consequential amendment
5. Appointment and powers of Commissioner
5A. Appointment and powers of Assistant Commissioner
6. Appointment and powers of Superintendent
7. Appointment of Chief Inspectors and Inspectors
8. Appointments of subordinate officers
9. Appointments for special purposes
10. Appointments of auxiliary members of Police Service
11. Temporary employees
12. Appointment and Promotion Board
13. Appeal against recommendation for promotion
14. Members of Police Service to take oath
15. Payment and charging of remuneration
16. Evidence of right to hold office
17. Temporary exchange of members of Police Service with members of Police of other countries
18. Interchange of members with Prisons Service

19. Probation
20. Cadets
21. Resignation of members of Police Service
22. Age of retirement
23. Breaches of duty by officers
24. Breach of duty by Commissioner or Superintendent
25. Suspension of other officers for breaches of duty
26. Inquiries into charges of breaches of duty and punishments
27. Appeals
28. Constitution of Board of Appeal
29. Procedure of tribunals and Board of Appeal
30. Member of Police Service may be required to retire if medically unfit

31. On termination of office, powers of member to cease
32. On dismissal or resignation member to return all official property
33. Private person having possession of official property
34. Personation of member of Police Service
35. Bribing, etc., member of Police Service
36. Penalty for gaining admission to Police Service by false representation
37. Member of Police Service not to engage in politics
38. Member of Police Service may call for assistance to secure prisoner, etc.
39. Corporals, senior constables and constables to execute warrants, etc., of Courts
40. Execution of warrants, etc., by members other than members to whom directed
41. Protection of member for acts done in obedience to warrant, etc.
42. Particulars of identification of persons in custody may be taken at police station
43. On application District Court Judge to determine title of property taken possession of by Police Service otherwise than pursuant to warrant
44. Sale by auction of unclaimed goods lawfully in possession of Police Service

45. Limitation of actions
46. Proceedings under Act not to be quashed for want of form only
47. Recovery of fines
48. Police Service Fund
49. Minister may appoint Committees of Inquiry
50. Long Service and Good Conduct Medal
51. Regulations as to government of Police Service
52. General instructions to members of Police Service
53. Repeal and savings

AN ACT to consolidate and amend the law as to the establishment and regulation of the Police Service of Samoa.

"Appointment and Promotion Board" or "Board" means an Appointment and Promotion Board constituted as provided in section 12.

"Assistant Commissioner" means an Assistant Commissioner of the Police Service appointed under this Act, and includes any person acting as an Assistant Commissioner.

"Board of Appeal" means a Board of Appeal constituted as provided in section 28.

"Commissioned officer" means an officer of the Police Service holding the rank of Commissioner, Assistant Commissioner, Superintendent, Chief Inspector or Inspector.

"Commissioner" means the Commissioner of Police Service appointed under this Act, and includes any person lawfully acting as the Commissioner.

"Court" means the Supreme Court of Samoa, and within the limits of jurisdiction includes the District Court.

"Enactment" includes each Article of the Constitution, and any Act, Ordinance, Order, notice, rules and regulations, whether enacted or made in Samoa or in New Zealand and in force in Samoa, or any part thereof.

"General instructions" and "instructions" mean general instructions enuring or issued under section 51.

"Judicial officer" has the same meaning as in Article 111 (1) of the Constitution.

"Member" includes every Police Service employee, whether a commissioned officer or a subordinate officer, and whether permanent, temporary or auxiliary, or a probationer, but does not include a temporary employee as provided in section 11.

"Police Service" or "Police" means the Police Service of Samoa, and includes all members.

"Prescribed" means prescribed by this Act, or by regulations or instructions.

"Probationer" means a Police Service employee serving on probation in terms of section 19.

"Senior Constable" means any member of the Police Service below the rank of Corporal who has continuously served in the Police Service for a period of 10 years or more.
"Subordinate officer" means an officer of the Police Service holding the rank of senior sergeant, sergeant, corporal, senior constable, constable or cadet, but does not include a probationer, a temporary member or an auxiliary member or a temporary employee.

"Superintendent" means a Superintendent of the Police Service appointed under this Act, and includes any person lawfully acting as a Superintendent.

"Time of retirement" means the time at which a member of the Police Service is ordinarily required to retire pursuant to of section 22 (1) (a) or (b).

(Commissioned Officer - as to this definition, see section 2 of the Business Licences Ordinance 1960.)

("Head of State" As to this definition, see Article 26 of the Constitution of Samoa.)
(As to senior constable in the definition of "Subordinate officer" see section 4A of this Act.)

3. Establishment of Police Service and abolition of Police - (1) There is hereby established the Police Service of Samoa.

(2) Every member of the Police shall without further authority than this Act be deemed to have been appointed a member of the Police Service under this Act in the rank held by him or her on the commencement of this Act and every such appointment shall be either permanent or temporary according to his or her then condition unless it is made probationary by section 19.

(3) The Police is hereby abolished. Any reference in any enactment, or in any instrument, instructions, notice or other document whatsoever to the Police or the Police Force or the Force shall be deemed to be a reference to the Police Service, or any such reference to a member of the Police or the Police Force or a member of the Force shall be deemed to be a reference to a member of the Police Service.

4. Ranks - (1) The establishment of the Police Service shall consist of the following ranks:

Commissioner
Assistant Commissioner
Superintendents
Chief Inspectors
Inspectors
Senior Sergeants
Sergeants
Corporals
Senior Constables
Constables
Cadets

(2) Any reference in any enactment, or in any instrument, instructions, notice or other document whatsoever to an Inspector of Police shall be read as a reference to a Chief Inspector of the Police Service, to a Sub-Inspector of Police shall be read as a reference to an Inspector of the Police Service, and to a Messenger of Police shall be read as a reference to a Cadet of Police Service.

4A. Consequential amendment - The words "lance-corporal" wherever used in the Principal Act shall be omitted and substituted with the words "senior constable".

5. Appointment and powers of Commissioner - (1) Subject to subsection (4) the Head of State may from time to time appoint a fit and proper person to be Commissioner of the Police Service, who shall rank as the first commissioned officer of the Police Service and have the general administration and control of the Police Service, and cause all members of the Police Service to discharge their duties satisfactorily and efficiently.

(2) Subject to section 22(2), the Commissioner shall be reappointed for a term of three years and shall be eligible for reappointment.

(3) If a person holding office as Commissioner is not reappointed to that office at the conclusion of any period of appointment, and:

(a) He or she was a member of the Police Service immediately prior to his or her first appointment as Commissioner; and

(b) Has not reached his or her time of retirement when he or she ceases to be Commissioner,-

he or she shall revert to such rank as may be designated by the Head of State (being a rank not lower than the rank which he or she held immediately prior to his or her first appointment as Commissioner), with such salary increments and other benefits as he or she would have been entitled to if he or she had held the rank so designated during the period or periods that he or she held office as Commissioner.

(4) The Head of State shall not appoint any person to be the Commissioner of the Police Service unless such person has:

(b) Held a rank not below that of a Commissioned Officer at the time immediately prior to the recommendation for appointment.

5A Appointment and powers of Assistant Commissioners-(1) The Head of State, may appoint fit and proper persons to be Assistant Commissioners of the Police Service who, subject to the control of the Commissioner, shall have and may exercise such powers, duties and functions of the Commissioner as the Commissioner may from time to time, either generally or particularly, delegate to such Assistant Commissioners.

(2) On the occurrence from any cause of a vacancy in the office of the Commissioner (whether by reason of death, resignation or otherwise) or in the case of an absence from duty of the Commissioner (from whatever cause arising) and so long as such vacancy or absence continues an Assistant Commissioner nominated in writing by the Minister shall have and may exercise all the powers, duties and functions of the Commissioner.

(3) The fact that an Assistant Commissioner exercises any power, duty or function of the Commissioner shall be conclusive evidence of the person’s authority to do so.

(4) Every delegation under this section shall be in writing and shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Commissioner.

(5) Notwithstanding any other Act, the Head of State, acting on the advice of Cabinet, may appoint an Assistant Commissioner to be the Superintendent of Prisons under the provisions of the Prisons Act 1967.

(6) Notwithstanding any other Act, the Commissioner, on the recommendation of the Appointment Board, may appoint an Assistant Commissioner to be the Chief Fire Officer under the provisions of the Fire and Emergency Service Act 2007

(7) Any Assistant Commissioner appointed as Superintendent of Prisons or Chief Fire Officer, or any Assistant Commissioner appointed as both Superintendent of Prisons and Chief Fire Officer, shall continue to hold the rank of Assistant Commissioner during such appointment or appointments without loss of rank, status or seniority as a Commissioned Officer.

(8) Where an Assistant Commissioner is appointed as Superintendent of Prisons or Chief Fire Officer, or to both offices, such Assistant Commissioner shall not be entitled to any additional salary, allowances or other benefits beyond that which the person is entitled to receive by virtue of his position as an Assistant Commissioner save for any additional salary, allowances or other benefits which may be prescribed by regulations and approved by the Commissioner.

6. Appointment and powers of Superintendent - (1) The Head of State may appoint fit and proper persons to be Superintendents of the Police Service. The Superintendents shall, under the Commissioner, have the general administration and control of the Police Service and cause all members of the Police to discharge their duties satisfactorily.

7. Appointment of Chief Inspectors and Inspectors - The Minister may from time to time, with the approval of Cabinet, appoint such number of Chief Inspectors and Inspectors as he or she deems necessary.

8. Appointments of subordinate officers - Subject to the provisions of section 12, the Commissioner may from time to time appoint such number of subordinate officers of the different established ranks as he or she deems necessary for the preservation of peace and order, the prevention of crime and the apprehension of offenders.

9. Appointments for special purposes - (1) Notwithstanding the provisions of section 12, the Commissioner may, with the approval of the Minister, on such conditions as the Commissioner determines, appoint any person to the Police Service or promote any member of the Police Service to any rank below the rank of Superintendent, or with any special designation, for the purpose of performing duties of a specialised nature.

(2) Every person appointed under this section shall hold his or her office at the will of the Commissioner.

(3) The Commissioner may dispense with any requirement in respect of age, sex, physical characteristics or examinations in making any appointment or promotion under this section.

(4) Subject to such exceptions and modifications as may be prescribed, the provisions of this Act and of all regulations and instructions with respect to officers of the Police Service shall extend and apply to members appointed for special purposes.

10. Appointments of auxiliary members of Police Service - (1) There may be appointed from time to time, on such conditions as determined by the person making the appointment, the following auxiliary members of the Police Service:

(a) A Superintendent of the Police Service appointed by the Minister with the approval of Cabinet;

(b) Such number of Chief Inspectors and Inspectors as deemed necessary and appointed by the Minister, with the approval of Cabinet;

(c) Such number of senior sergeants, sergeants, corporals, senior constables and constables as deemed necessary and appointed by the Commissioner, with the approval of the Minister.

(2) Every person appointed under this section shall take the oath of office provided for in section 14, but he or she shall not have any of the functions, powers or duties of a member or officer of the Police Service under this Act or any other enactment or at common law until such time as he or she is ordered into active service by the Commissioner and he or she shall cease such active service when ordered to do so by the Commissioner:

PROVIDED THAT no such period of active service may exceed 3 months at any one time.

(3) Except for sections 19, 22, 23(c), 25, 26 and 27, the provisions of this Act and all regulations and instructions with respect to officers of the Police Service shall extend and apply to auxiliary members of the Police Service while in active service, subject to such exceptions and modifications as may be prescribed.

(4) Every person appointed under subsection (1) (a) or (b) shall hold office at the will of the Minister and every person appointed under subsection (1) (c) shall hold office at the will of the Commissioner.

(5) Every person appointed under this section shall be paid such salary and allowances as are determined by regulation.

11. Temporary employees - (1) The Commissioner may, with the approval of the Minister, engage other than as members of the Police Service such temporary employees as may from time to time be required, and the Commissioner may dismiss any person so engaged with not less than one week's notice, or, in the case of misconduct, without notice.

(2) Any person engaged under this section may be paid such remuneration out of the Police Service salaries vote subject to such conditions of engagement as may from time to time be determined by the Commissioner with the concurrence of the Minister.

12. Appointment and Promotion Board - (1) There shall be an Appointment and Promotion Board constituted for the purposes of this section at such times as the Commissioner thinks fit and comprised of the following members:

(b) A Commissioned Officer appointed by the Commissioner on the recommendation of the commissioned officers;

PROVIDED THAT every subordinate officer appointed under paragraph (c) of this subsection shall be of equal or higher rank than the rank or ranks to be considered by the Board on which he or she is sitting.

(2) Every appointment under section 8 and every promotion by the Commissioner to any rank below Inspector shall be made only on the recommendation of the Board.

(3) Subject to the provisions of this Act and any regulations thereunder, the Board shall recommend for appointment or promotion the person who, having regard to the duties of the position to be filled, is in the opinion of the Board the most efficient and suitable for appointment.

13. Appeal against recommendation for promotion - Any member of the Police Service, other than a temporary or auxiliary member, or a probationer, shall have a right of appeal to a Board of Appeal as provided in section 28 against any recommendation for appointment or promotion to which section 12 (2) applies:

(b) The recommendation was in respect of a rank equal to or lower than that held by him or her at the date of the recommendation; or

(c) The vacancy to which the recommendation relates was notified to the members of the Police Service in such manner as may be prescribed by regulations under this Act and he or she was not an applicant for the vacancy in accordance with any such regulations.

14. Members of Police Service to take oath - (1) No person shall be capable of holding office as a member of the Police Service or of acting in any other way therein, until he or she has taken and subscribed the following oath before a judicial officer or such other person as the Minister may in writing appoint to administer the same:

"I A.B. do swear that I will well and truly serve the Independent State of Samoa in the Police Service, without favour or affection, malice or ill will until I am legally discharged; that I will see and cause the peace of the Independent State of Samoa to be kept and preserved; that I will prevent to the best of my power all offences against the same; and that while I continue to hold office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law. So help me God."

(2) Every person who has taken and subscribed the oath as aforesaid shall be deemed to have, from the day on which the same was taken and subscribed, thereby entered into a written agreement with, and shall be thereby bound to serve, the Independent State of Samoa as a member of the Police Service in whatever capacity he or she may, in accordance with the provisions of this Act, be required to serve, and at the current rate of pay of any rank to which he or she may be appointed or reduced, until legally discharged; and that agreement shall not be set aside, cancelled, or annulled for want of reciprocity; but every such agreement shall be determined by the dismissal or other removal from office of any such person, or by the acceptance of the resignation of the Commissioner or an Assistant Commissioner or a Superintendent by the Head of State, of a Chief Inspector or Inspector by the Minister, or of any other member by the Commissioner.

15. Payment and charging of remuneration - The salaries, wages and allowances payable to officers and other members and employees of the Police Service shall be paid out of the Treasury Fund, and shall rank as a first charge thereon along with all salaries, wages and allowances payable to employees of the Public Service and under section 14 of the Prisons Act 1967.

16. Evidence of right to hold office - If any question arises as to the right of any member of the Police Service to hold or execute his or her office, common reputation shall be deemed evidence of that right and it shall not be necessary to have or produce any written appointment or other document or matter whatsoever in proof of that right.

17. Temporary exchange of members of Police Service with members of Police of other countries - (1) The Minister may from time to time enter into an agreement with the proper authority of the Government of any foreign country or territory for the temporary exchange of members of the respective Police Service of Samoa and that country or territory.

(2) Every member of the Samoa Police Service who, pursuant to any such agreement, is attached to the Police of any foreign country or territory shall continue to be a member of the Samoa Police Service and shall be paid as if he or she were on duty in Samoa, and may at any time be recalled by the Minister, but until so recalled shall be under the control of and perform such duties as he or she may be called upon to perform by the proper Police authority in that foreign country or territory, and shall obey all lawful orders of the officers under whom he or she may for the time being be placed.

(3) Notwithstanding subsection (2), the Minister may, if he or she thinks fit, grant an allowance to any member of the Samoa Police Service while on any such temporary exchange of employment.

(4) The Minister may, in pursuance of any such agreement, appoint any member of the Police of the foreign country or territory with which such an agreement has been made to be a temporary member of the Samoa Police Service; and every such person, on being so appointed and taking the oath prescribed by section 14, shall become a temporary member of the Samoa Police Service.

(5) The temporary appointment of any such person as a member of the Samoa Police Service shall not entitle such person to any pay or allowance from the Government of Samoa or make him or her an employee of that Government for the purposes of any provident or superannuation scheme available or applicable to employees of that Government.

18. Interchange of members with Prisons Service - For the purpose of interchange, the Commissioner in his or her discretion may transfer any member of the Police Service to the Prisons Service or [Fire Service], and any member of the Prisons Service or [Fire Service] to the Police Service, whereupon the transferred member shall be entitled to receive not less than the pay and allowances of the equivalent of his or her rank in the Prisons Service or [Fire Service] or the Police Service to which he or she is transferred.

19. Probation - (1) Every person, on his or her first appointment by the Commissioner to the Police Service as a constable or a cadet, shall be on probation for a period of 2 years from the date of his or her appointment:

PROVIDED THAT the Commissioner may, at any time and as he or she thinks fit, by notice in writing to such person, end his or her period of probation and confirm his or her appointment, or extend his or her period of probation for not more than 6 months.

(2) Failing the giving by the Commissioner of any notice in writing to a person on probation ending his or her period of probation and confirming his or her appointment, that period shall be deemed to be ended and his or her appointment shall be deemed to be confirmed on the expiration of that period or any extension thereof.

(3) Every constable and cadet on probation shall, during the period of his or her probation, hold his or her office at the will of the Commissioner.

(4) Where this Act comes into force before the expiration of 2 years from the date of appointment of any constable or messenger, that constable or messenger shall be deemed to be on probation and this section shall be deemed to have applied to him or her as from the date of his or her appointment.

20. Cadets - Though each cadet, on being appointed and taking the oath under section 14, becomes a member of the Police Service:

(a) He or she shall not have any of the functions, powers or duties of a member or officer of the Police under this Act or any other enactment or at common law,

(b) Except as provided by this Act or by regulations and subject to any prescribed modifications, the provisions of this Act shall apply to him or her.

21. Resignation of members of Police Service - (1) The Commissioner may not resign his or her office unless he or she has been expressly authorised in writing so to do, by the Minister, or has given to the Minister one month's notice in writing of his or her intention so to resign.

(2) No other member of the Police Service may resign his or her office unless the member has been expressly authorised in writing so to do by the Commissioner, or has given to the Commissioner one month's notice in writing of his or her intention so to resign.

(3) Where in the opinion of the Minister special circumstances require that no member of the Police Service shall resign without permission he or she may, by warrant under his or her hand, declare that no member shall resign from the Police Service except on the conditions set out in the warrant.

(4) Any member of the Police Service who resigns his or her office otherwise than in accordance with the provisions of this section or otherwise than in accordance with the provisions of a warrant for the time being in force under this section, or who deserts from the Police Service, is liable to a fine not exceeding 5 penalty units and to forfeit all arrears of pay then due to him or her .

22. Age of retirement - (1) Every member of the Police Service shall retire from the Police Service:

(a) On attaining the age of 55 years, or after 35 years of service in the Police Service, in the case of a male; or

PROVIDED THAT where in the opinion of the Minister the special circumstances of any case require that any member should remain in the Police Service after attaining the age aforesaid, he or she may by warrant under his or her hand, permit that member to remain in the Police Service for an additional period not exceeding 5 years.

PROVIDED THAT where the Commissioner has attained the age of 60 years the period of his or her appointment under section 5(2) may be for such term, being not more than 5 years, as is determined by the Head of State.

23. Breaches of duty by officers - Any officer commits a breach of duty who:

(a) Is insubordinate or otherwise misbehaves, or misconducts himself or herself or is incompetent or negligent in the performance of his or her duty or neglects his or her duty; or

(c) Engages, or allows his or her spouse to engage, during his or her term of employment in the Police Service, without the consent of the Minister, in any paid employment or any business or profession outside the duties of his or her position in the Police Service or of any other office in the Public Service of Samoa or of any other country held by him or her concurrently with his or her position in the Police Service which could in the opinion of the Minister adversely affect the performance of his or her duties as a Police officer.

24. Breach of duty by Commissioner or Superintendent - (1) If, as to the Commissioner or an Assistant Commissioner or a Superintendent, the Head of State finds that he or she has committed a breach of duty, or that an information has been filed in any Court charging him or her with an offence punishable by imprisonment, the Head of State may suspend him or her from duty for any period and reduce him or her in rank or pay or both or dismiss him or her.

(2) Any person who is suspended from his or her office as aforesaid may be restored by the Head of State to his or her office.

(3) No person who is suspended from his or her office as aforesaid shall be entitled to receive any salary allowance or payment in respect of the period while he or she is suspended unless the Head of State otherwise directs.

(4) If the Head of State takes any action under this section, he or she may take similar action as to the same person under the Prisons Act 1967.

25. Suspension of other officers for breaches of duty - (1) When a charge has been made that any officer other than the Commissioner or an Assistant Commissioner or a Superintendent has committed a breach of duty or an offence punishable by imprisonment, he or she may be suspended from duty until such time as the charge has been inquired into and disposed of, by the Minister if the person charged is a Chief Inspector or Inspector, and by the Commissioner if the person charged is a subordinate officer:

PROVIDED THAT no suspension pursuant to this section shall continue for longer than one month except where:

(a) An information has been filed in any Court charging him or her with the offence; or

(b) Any delay in holding or concluding an inquiry into the charge or an appeal occurs through any circumstances beyond the control of the Minister or the Commissioner, as the case may be.

(a) May at any time be reinstated in the Police Service, in his or her old position or any other, by the authority who suspended him or her; and

(b) Shall not be entitled to receive any salary, allowance or other remuneration in respect of the period of his or her suspension unless otherwise directed by:

26. Inquiries into charges of breaches of duty and punishments - (1) Any officer other than the Commissioner, an Assistant Commissioner or a Superintendent who is charged with a breach of duty shall be charged in writing by the Commissioner, and, if he or she makes a written denial of the charge, the following provisions shall apply:

(a) The appropriate appointing authority designated in paragraph (b) shall appoint a tribunal to inquire into the charge, and to report to the appointing authority:

(i) Three persons of whom one shall be an officer of the Police Service equal or senior in rank to the officer charged and which shall not include any other member of the Police Service, if the officer charged is a Chief Inspector or an Inspector;

(ii) A Superintendent or a Chief Inspector or an Inspector or any other person, if the officer charged is a subordinate officer.

(d) If the tribunal finds the charge to be proved, it may recommend, and the appointing authority may impose, no punishment whatsoever or the discharge of the officer from the inquiry without conviction or such one of the following punishments as is thought fit:

(iii) A fine not exceeding 1 penalty unit if the offender is a commissioned officer, 1 penalty unit if the offender is a senior sergeant, sergeant, corporal or senior constable and 1 penalty unit if the offender is a constable or cadet;

(iv) Any other punishment not more severe than any of the foregoing punishments.

(e) No appointing authority shall be bound by the recommendation of a tribunal as to punishment.

(2) Any officer who is so charged with a breach of duty and who admits the charge in writing shall be liable to the same range of punishments imposed by the same authority as if he or she had denied the charge in writing and the appropriate tribunal had found the charge to be proved.

(3) Any officer who is so charged with a breach of duty and who fails to admit or deny the charge in writing within such reasonable time as is required in writing by the Commissioner shall be deemed to have made a written denial of the charge for the purposes of subsection (1).

(4) Any officer who is convicted by any Court of any offence punishable by imprisonment shall be liable to the same range of punishments imposed by the same authority as if the offence had been the subject of a charge under this section which was found to be proved or admitted, irrespective of any other punishment for which he or she may be liable by law.

(5) If the penalty imposed by the relevant authority on an officer is dismissal, the dismissal shall remain in abeyance but the officer shall be suspended from duty without pay, until he or she has given a notice of appeal under section 27 or the time within which he or she may give such a notice of appeal has expired, and if he or she does give such a notice of appeal the dismissal shall continue to remain in abeyance but he or she shall continue to be suspended from duty without pay until his or her appeal has been disposed of.

27. Appeals - (1) Any officer other than the Commissioner, an Assistant Commissioner or a Superintendent who is charged in writing with a breach of duty which he or she denies or is deemed to deny in writing but which is found to have been proved under section 26, and who is dissatisfied with the finding of the relevant tribunal or the punishment imposed by the relevant authority, may appeal therefrom to a Board of Appeal.

(2) Any officer other than the Commissioner, an Assistant Commissioner or a Superintendent who is charged in writing with a breach of duty which he or she admits in writing, and who is dissatisfied with the punishment imposed by the relevant authority, may appeal therefrom to a Board of Appeal.

(3) Every appeal shall be commenced by a notice of appeal in writing stating the grounds of appeal addressed to the Commissioner and transmitted to him or her by the appellant within 7 days after the date on which the result of the inquiry is communicated to the appellant.

(4) The Board of Appeal, after hearing the appeal, may make such order as it thinks fit, may allow or dismiss the appeal, may vary the penalty imposed on the appellant, and may grant or refuse pay during his or her period or periods of suspension.

(5) If in the opinion of the Board of Appeal any appeal is frivolous or vexatious, the Board may order the appellant to pay the costs of the appeal, and the sum so ordered to be paid may be deducted from any pay due or accruing due to the appellant. Costs of the appeal shall otherwise be in the discretion of the Board.

28. Constitution of Board of Appeal - (1) Every Board of Appeal constituted to hear appeals under section 27 or section 13 shall consist of:

(b) A commissioned officer of the Police Service being equal or senior in rank to the appellant; and

(2) All members of the Board of Appeal shall be appointed as such by the Minister and shall be appointed for the purposes of each particular appeal.

(3) Notwithstanding anything in the foregoing provisions of this section, no officer of the Police Service shall, except with the consent of the appellant, act as a member of the Board of Appeal in any case in which in the course of his or her duties he or she has conducted any inquiry or investigation or has made any report upon the subject-matter of the appeal.

29. Procedure of tribunals and Board of Appeal - (1) Each tribunal holding an inquiry pursuant to section 26 and the Board of Appeal shall give to the officer charged or appealing an opportunity to appear before the tribunal or the Board, by himself, herself or with a solicitor, and to adduce evidence before the tribunal or the Board, and make representations in opposition to the charge or in support of his or her appeal.

(2) The tribunal or the Board of Appeal may, on the application of the officer charged or appealing or otherwise, issue summonses for the attendance of witnesses, administer an oath to any witness and examine him or her in the matter of the charge or the appeal.

(3) Every person so summoned who does not without reasonable cause attend at the time and place named in the summons or who refuses to be sworn, or, being sworn, refuses to give evidence or to answer any question lawfully put to him or her, commits an offence and is liable to a fine not exceeding 1 penalty unit.

(4) If any person wilfully gives false evidence at any such inquiry or appeal, he or she shall be guilty of perjury within the meaning of the Crimes Ordinance 1961.

(5) The amount of any fine imposed under this section or section 26 or section 27 may be deducted from any money due or thereafter becoming due from the Government to the person fined by way of salary or otherwise.

30. Member of Police Service may be required to retire if medically unfit - (1) If the Commissioner at any time thinks it is likely that any member of the Police Service has become permanently medically unfit for further duty, he or she may, by notice in writing, require the member to submit himself or herself, within a stated period, for examination, at the expense of the Government, by 2 Medical Officers. Failure to comply with such a notice shall be a breach of duty within the meaning of section 23.

(2) Any member of the Police Service who is certified by two Medical Officers to be permanently medically unfit to perform any specified duties in the Police Service that the Commissioner considers suitable and reasonable for him or her may with the approval of the Minister be required by the Commissioner, by notice in writing, to retire from the Police Service within such time, being not less than one month, as may be specified in the notice.

(3) Any member required by a notice under this section to retire from the Police Service shall, on the expiration of the time specified in that behalf in the notice, cease to be a member of the Police Service:

PROVIDED THAT he or she may within 7 days of receiving the notice appeal against the requirement and the provisions of sections 27, 28 and 29 shall, with the necessary modifications, apply to every such appeal.

(4) Nothing in the foregoing provisions of this section shall apply to any member who is for the time being a contributing employee with the Government as contributor to the National Provident Fund established under the National Provident Fund Act 1972 whether under a scheme or otherwise.

31. On termination of office, powers of member to cease - Where a member of the Police Service is dismissed or resigns or otherwise ceases to hold or exercise office, all powers and authority vested in him or her as a member of the Police Service shall immediately cease.

32. On dismissal or resignation member to return all official property - If a member of the Police Service who is dismissed or resigns or otherwise ceases to hold or exercise office does not forthwith deliver to such person as the Commissioner appoints in that behalf all arms, ammunition, accoutrements, horses, saddles, bridles, bicycles, motor vehicles, clothing and every other thing whatsoever which has been supplied to him or her and is held by him or her for the execution of his or her office or which is in his or her custody by virtue thereof (hereinafter collectively referred to as official property):

(a) He or she commits an offence and shall be liable to imprisonment for a term not exceeding 3 months; and

(b) A Judge may issue his or her warrant to any officer to search for and seize to the use of the Government all official property in the custody of the ex-member which has not been so delivered.

33. Private person having possession of official property - (1) Every person who, not being a member of the Police Service, unlawfully has in his or her possession any official property commits an offence and is liable to a fine not exceeding 1 penalty unit.

(2) Where any officer reasonably suspects that any such person unlawfully has in his or her possession any official property, he or she may apply to a Judge, who may issue his or her warrant to any constable to search for and seize to the use of the Government all official property in the possession of that person.

34. Personation of member of Police Service - Every person who, not being a member of the Police Service, by words, conduct or demeanour, pretends that he or she is a member, or puts on or assumes the dress, name, designation or description of a member of the Police Service intending to persuade anyone else that he or she is a member of the Police Service commits an offence and is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding 2 penalty units.

35. Bribing, etc., member of Police Service - Every person who, not being a member of the Police Service:

(a) Gives or offers or promises to give to any member of the Police Service, any bribe, pecuniary or otherwise, or makes any agreement with any member of the Police Service to induce him or her in any way to forgo his or her duty; or

(b) Requests or incites or induces any member of the Police, or the members of the Police Service generally, or any section thereof, to act in any manner contrary to duty; or

commits an offence and is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding 2 penalty units.

36. Penalty for gaining admission to Police Service by false representation - Any person who has been dismissed from the Police of any country or territory and who, by concealing the fact of such dismissal, and any person who, by any false or forged certificate or any false representation, obtains admission into the Police Service, or who by any such means receives any pay, gratuity or pension, commits an offence and is liable to imprisonment for a term not exceeding 3 months.

37. Member of Police Service not to engage in politics - (1) No member of the Police Service shall during the time he or she continues in the Police Service take an active part in any election of any member of the Legislative Assembly otherwise than by voting, or in any manner influence or seek to influence any other elector at any such election.

(2) Any member of the Police Service who acts contrary to subsection (1) commits an offence and is liable to a fine not exceeding 1 penalty unit:

PROVIDED THAT nothing herein shall subject any member of the Police Service to any penalty for any act done by him or her in the discharge of his or her duty at or concerning any election.

38. Member of Police Service may call for assistance to secure prisoner, etc. - Any member of the Police Service when in the lawful execution of his or her duty may call upon any male person, not being under the age of 18 years, to aid or assist him or her to arrest or secure any person or to convey any person in his or her charge to a police station or other place, when reasonable necessity exists for calling for that assistance; and every such person who fails to aid or assist any member of the Police Service when called upon commits an offence and is liable to a fine not exceeding 1 penalty unit.

39. Corporals, senior constables and constables to execute warrants, etc., of Courts - (1) Every corporal, senior constable and constable shall aid and assist, and shall obey and execute all the lawful summonses, warrants, orders, processes and commands of any Judge, Fa'amasino Fesoasoani or Registrar of any Court in the exercise of all or any of his or her judicial duties.

(2) Any corporal, senior constable or constable who neglects or refuses so to do commits an offence and shall be liable to a fine not exceeding 1 penalty unit, and, in addition, may be dismissed from the Police Service.

40. Execution of warrants, etc., by members other than members to whom directed - (1) Any warrant, order or process of any Court or any judicial officer or any Registrar of any Court directed, delivered or given to any corporal, senior constable or constable may be executed and enforced by any other member of the Police Service or his or her assistants; and every such last-mentioned member of the Police Service and his or her assistants shall have the same rights, powers, and authorities for and in the execution of any such warrant, order or process as if the same had been originally directed to him or her or them expressly by name.

(2) Where a warrant has been issued for the arrest of any person and has not been executed, any member of the Police Service in uniform, or any other member of the Police Service, on production of his or her badge or other evidence that he is a member of the Police Service, may, without having the warrant in his or her possession, arrest the person in respect of whom the warrant is issued.

41. Protection of member for acts done in obedience to warrant, etc. - (1) Where an action is brought against any member of the Police Service for any act done in obedience to a warrant, order or process of any Court or judicial officer or Registrar of any Court, that member shall not be responsible for any irregularity in the issuing of the warrant, order or process or for want of jurisdiction in the Court, judicial officer or Registrar.

(2) On the production of any such warrant, order or process, and on proof to the satisfaction of the tribunal that the signature thereto is in the handwriting of the person whose name appears subscribed thereto, and that the person is reputed to be and acts as a judicial officer or Registrar, as the case may be, of the Court purporting to exercise jurisdiction in the case, and that the acts complained of were done in obedience to the warrant, order or process, the tribunal trying the said issue shall find a verdict for that member, and the member shall recover his or her costs of suit.

42. Particulars of identification of persons in custody may be taken at police station - (1) Where any person is in lawful custody at a police station on a charge of having committed an offence, the member of the Police Service in charge of the police station where he or she is so in custody may take or cause to be taken all such particulars as may be deemed necessary for the identification of that person, including his or her photograph and finger prints, and may use or cause to be used such reasonable force as may be necessary to secure such particulars.

(2) If the person in respect of whom particulars including any photograph or finger prints have been taken under this section is acquitted, the particulars shall be forthwith destroyed.

43. On application District Court Judge to determine title of property taken possession of by Police Service otherwise than pursuant to warrant - (1) Where a member of the Police Service has taken possession of any property of any kind other than property distrained under warrant of a judicial officer or Registrar of any Court, and it is doubtful whether any person claiming the property, or which of any 2 or more persons so claiming, is entitled to the possession thereof, a District Court Judge, on the application of any member of the Police Service, or of a claimant to the property, and in the presence of all parties claiming the property, or in the absence of any such parties who, having had reasonable notice of the hearing of the application, do not appear, may receive evidence on oath touching the matter of the application, and make an order for the delivery of the property to any person appearing to the District Court Judge to be the owner thereof, or entitled to the possession thereof, or, if the owner or person entitled to the possession cannot be ascertained, may make such order with respect to possession of the property as he or she thinks fit.

(2) If after the making of any such order, an action is commenced against any member of the Police Service for the recovery of the property or the value thereof, the order and the delivery of the property in pursuance thereof may be given and shall be received in evidence in bar of the action:

PROVIDED THAT no such order or delivery shall affect the right of any person entitled by law to the possession of the property to recover the same.

44. Sale by auction of unclaimed goods lawfully in possession of Police Service - (1) Any goods and chattels which have lawfully come into the possession of any member of the Police Service shall be held for not less than 3 months unless sooner lawfully claimed, and, unless then lawfully claimed, shall by direction of the Commissioner, be sold and disposed of by public auction, a notice of the sale having been previously published in the Savali and in some other newspaper circulating in Samoa:

PROVIDED THAT perishable goods may be sold at any time and in such manner as the Commissioner directs:

PROVIDED ALSO THAT goods and chattels needed by the Police Service as evidence in any proceedings may be held by the Police Service until those proceedings have been disposed of.

(2) The Commissioner may, if he or she thinks fit, appoint any person not being the holder of an auctioneer's or business licence to conduct any sale by auction under this section.

45. Limitation of actions - (1) For the protection of persons acting in the execution of this Act, all actions against any person for anything done in pursuance of this Act shall be commenced within one year after the thing has been done or the act has been committed and not otherwise; and notice in writing of every such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action.

(2) The plaintiff in any such action shall not recover if tender of sufficient amends is made before the action is brought or if a sufficient sum of money is paid into Court by or on behalf of the defendant after the action is brought, together with the costs incurred up to that time.

(3) If a verdict is given for the defendant, or the plaintiff is non-suited or discontinues the action, or if judgment is given against the plaintiff, the defendant shall recover his or her full costs as between solicitor and client; and, though a verdict is given for the plaintiff in any such action, he or she shall not have costs against the defendant unless the Court before which the trial is held certifies its approval of the action and of the verdict obtained thereon.

46. Proceedings under Act not to be quashed for want of form only - No complaint, conviction, order, inquiry, recommendation, appeal, determination, decision, or other act or proceeding under this Act shall be quashed or set aside or deemed void or insufficient for want of form only, or, except on the ground of lack of jurisdiction, be removed or removable by certiorari or other writ or process whatsoever into the Supreme Court.

47. Recovery of fines - Except as hereinbefore specially provided all fines payable under this Act shall be recovered as provided for by section 122 of the Crimes Ordinance 1961, as inserted by section 2 of the Crimes Amendment Act 1965.

48. Police Service Fund - (1) There is hereby continued in the Treasury the account called the Police Service Fund.

(2) There shall be paid into the Police Service Fund all fines recovered by any means under this Act from any member of the Police Service and also the proceeds of every sale of goods and chattels in terms of section 44 after deducting the costs of any such sale.

(3) Any money in the Police Service Fund may be expended on such facilities for the general welfare and the exclusive use of the members of the Police Service as determined by a Police Service Fund Committee comprised of:

(b) An officer and a subordinate officer elected annually by the members of the Police Service:

PROVIDED THAT any expenditure exceeding 4 penalty units shall be made with the prior approval of the Minister.

49. Minister may appoint Committee of Inquiry - (1) The Minister may from time to time appoint a Committee of Inquiry, consisting of a Judge or District Court Judge, who shall be the Chairperson, one commissioned officer of the Police Service and one subordinate officer of the Police Service, or any other person for the purpose of investigating and reporting to the Minister on any matter connected with the Police Service for which express provision is not made elsewhere in this Act or regulations.

(2) Without limiting the general application of subsection (1), any such Committee may be appointed to investigate and report on the claim of any member or members of the Police Service with respect to their promotion, pay or conditions of service.

(3) Any member of the Committee may issue summonses for the attendance of witnesses and may examine on oath any person respecting the matter of the investigation and may administer oaths to any such person.

(4) Every person so summoned who does not attend at the time and place named in the summons, or who refuses to be sworn, or being sworn, refuses to give evidence or answer any question lawfully put to him or her, is liable to a fine not exceeding 1 penalty unit.

50. Long Service and Good Conduct Medal - The Commissioner may award a Long Service and Good Conduct Medal including a clasp to such medal in such form and on such terms and conditions as may be prescribed by regulations.

51. Regulations as to government of Police Service - The Head of State may from time to time make such regulations as he or she thinks fit for the qualifications for employment in the Police Service, for the government, maintenance, pay, promotion, leave, discipline and control of the Police Service and with respect to all matters necessary for rendering the members of the Police Service efficient for the discharge of their duties, and may prescribe fines and other penalties for the breach of any such regulations.

52. General instructions to members of Police Service - The Commissioner may from time to time issue to the members of the Police Service general instructions not inconsistent with the provisions of this Act or any regulations. Any such general instructions when issued shall remain in force until cancelled by the Commissioner and all members of the Police Service shall obey those instructions.

(a) Every person appointed as a temporary member of the Police shall continue to hold his or her office at the will of the Commissioner;

(b) Subject to such exceptions and modifications as may be prescribed, the provisions of this Act and of all regulations and instructions with respect to officers of the Police Service shall extend and apply to temporary members of the Police.

(3) All subsidiary legislation made under the Police Act 1969 and in force immediately prior to the coming into operation of this Act shall, so far as is not inconsistent with the provisions of this Act, continue in force but may at any time be revoked or varied by the Head of State, acting on the advice of Cabinet.

The Police Service Act 1977 appearing in this reprint comprised that Act together with the amendments shown below:

Section 2:	The definition of "Deputy Commissioner" added by section 2 of the Police Service Act 1984. The definition of "Senior Constable" was added by section 2 of the Police Service Amendment Act 1988. The definition of "Time of retirement" was added by section 2 of the Public Service Amendment Act 1992/1993.
Section 4:	The words "Deputy Commissioner" were added to subsection (1) by section 3 of the 1984 Amendment Act, and the words "Senior constables" were substituted for "Lance corporals" in subsection (1) by section 3 of the 1988 Amendment Act.
Section 4A:	A new section added by section 4 of the 1988 Amendment Act.
Section 5:	Subsections (2), (3) and (4) were added by Section 3 of the 1992/1993 Amendment Act.
Section 5A:	A new section added by section 4 of the 1984 Amendment Act.
Section 6:	A new subsection (1) was substituted by section 2 of the Police Service Amendment Act 1978. This new subsection was amended by section 5 of the 1988 Amendment Act by the deletion of the words "not more than 3". Subsections (2), (3) and (4) were also amended by section 2 of the 1978 Amendment Act; but these same 3 subsections were repealed by section 5 of the 1984 Amendment Act.
Section 14:	In subsection (2) the words "Deputy Commissioner" were added by section 6 of the 1984 Amendment Act.
Section 18:	See section 11 Prisons Act 1967.
Section 24:	In subsection (1) the expression: "the Commissioner or the Deputy Commissioner" were substituted by section 7 of the 1984 Amendment Act.
Section 25:	In subsection (1) the words: "or the Deputy Commissioner" were added by section 8 of the 1984 Amendment Act.
Section 26:	In section 26 (1) and in section 27 (1) and (2) the expression: "Commissioner, the Deputy Commissioner or a Superintendent" was added by section 9 of the 1984 Amendment Act.
Section 30:	Subsection (4) has been amended to make it applicable to current legislation in Samoa.
Section 4:	of the Police Service Amendment Act 1992/1993 states: "This Act shall apply to the person who holds office as the Commissioner of Police at the commencement of this Act as if this Act had been in force at the time of his appointment and he had been appointed pursuant to the provisions of this Act."
Section 2:	of the "Business Licences Ordinance 1960" defines a "Commissioned Officer".

As to the relationship of the Police Service to the Public Service see Article 83 (j) of the Constitution.

As to the relationship of the Police Service to the Prisons Service see sections 20 and 66 (2) of the Prisons Act 1967.

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(e) Amendments have been made to up-date references to offices, officers and statutes.

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –

Section 2	was amended by deleting the word "Deputy Commissioner and replacing it with "Assistant Commissioner" and by inserting the words "Assistant Commissioner" after the word "Commissioner" in the definition of "Commissioned Officer". This was amended by the Police Services Amendment Act 2002
Section 4	was amended by deleting the words "Deputy Commissioner" and substituting with the words"Assistant Commissioner." This was amended by the Police Services Amendment Act 2002.
Section 5	was amended by deleting subsection (2) and replacing it with its current form. This was amended by the Police Services Amendment Act 1998.
Section 5A	was amended by deleting the old section and substituting with its current form. This was amended by the Police Services Amendment Act 1998.
Section 12	The words "Chief Inspector or Inspector" were deleted from subsection (1) subparagraph (b) and substituting it with the words "Commissioned Officer." This was amended by the Police Services Amendment Act 2002.
Section 14	The words "the Deputy Commissioner" were deleted and substituted with the words "an Assistant Commissioner". This was amended by the Police Services Amendment Act 2002.
Section 15 & 51	were amended by the General Wages increase (Public officeholders) and Public Servants Act 2001 making effective the increase in salary by 5 per centum.
Section 18	The words "or Fire Service" were added after the words "Prison Service." This was amended by the Police Services Amendment Act 2002.
Section 24	The words "the Deputy Commissioner" were deleted and substituted with the words "an Assistant Commissioner" in subsection (1). This was amended by the Police Services Amendment Act 2002.
Section 25	The words "the Deputy Commissioner" in subsection (1) were deleted and substituted with the words "an Assistant Commissioner". This was amended by the Police Service Amendment Act 2002.
Section 26	The words "the Deputy Commissioner" were deleted wherever they appeared and substituted with the words "an Assistant Commissioner". This was amended by the Police Service Amendment Act 2002.

Note: IN section 18 the reference to the "Fire Service" has been retained. This service has been replaced by the Fire and Emergency Service Authority under the Fire and Emergency Service Act 2007. This needs review and a formal amendment to remove it from section 18.

Revised and consolidated by Noumea Loretta Afamasaga
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revision has been made – The
commencement date has been noted and added after the date of assent.

Revised under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

The Police Service Act 1977 is administered
in the Ministry of Police Prison and Fire Services.

Samoa Consolidated Legislation 2008

Police Service Act 1977