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Cops' appeal against INDECOM's power to arrest set for May

Published:Tuesday | December 15, 2015 | 9:12 AM

The appeal brought by four police groups against the Independent Commission of Investigations (INDECOM) is to be heard next year.

The four groups – The Jamaica Police Federation, the Police Officers’ Association, the Special Constabulary Force Association and the United District Constables' Association – are appealing a ruling of the Constitutional Court affirming the power of INDECOM to arrest members of the force. 

The appeal was set for hearing in February, but could not proceed because one of the lawyers appearing in the case was unavailable.

It is now set for hearing on May 30, 2016.

In July 2013, the Constitutional Court ruled that under common law as well as the INDECOM Act, the commission had the power to arrest members of the security forces.

It also ruled that the powers of the INDECOM Commissioner and his investigators in no way diluted the authority of the Director of Public Prosecutions to continue, takeover or discontinue any prosecution. 

But the four police groups are arguing that the ruling has serious operational and constitutional implications and must be challenged at the highest level.

The INDECOM Commissioner and the Attorney General are the respondents.