57
H
Sir A. Kennedy are on
His Excellency
Caves
has observed that in cases
where Civilians have complaints against Police Constables, the charges
are heard and disposed of by the
Captain Superintendent of Police. This
is plainly open to objection, and
gives rise to the idea that
justice is not dealt out with that
impartiality which is to be obtained in the Magistracy.
Rightly or wrongly, the Public naturally
feel that the Captain Superintendent
of Police would be biased in favour of his own men.
This feeling could not be created if the
cases were taken in
a Police Court before
the ordinary Magistrate.
Therefore,
it is desired that
in future (except
those of a very
trivial nature)
it should be the
standing order that when charges
are preferred by
the Public against Police,
they should be heard
and determined by
Stipendiary Magistrates.
For the purpose, the person complaining should be referred to
a Magistrate, and in the Court, Summons being served,
the attendance of the parties ordered, the charge should be
entered upon a Special Charge
Sheet prepared for the purpose.
This applies only to cases of complaint against any of The Police for any
conduct less than felony committed towards
the Public.
I may be necessary to add that
Captain Superintendent
is not a Justice
of the Peace for
the Colony, it might
not be within his
powers to prosecute persons making false charges, and that
...
CSO 7873