1. How can the INDECOM Act be accessed?
The INDECOM Act can be accessed on our website using this link: INDECOM Act
2. When was the INDECOM Act signed?
The legislation now known as the INDECOM Act was passed on April 15, 2010.
3. What did the INDECOM Act replace?
The INDECOM Act repealed the Police Public Complaints Act. That Act established a Police Public Complaints Authority (PPCA) which was a civilian body authorised to enquire into allegations against members of the Jamaica Constabulary Force (JCF).
4. What incidents are INDECOM mandated to investigate?
The Act cites the following occurrences, which can be subject of an investigation:
- Resulting in the death of, or injury to, any person or that was intended or likely to result in the death of, or injury to, any person;
- Involving sexual assault;
- Involving assault or battery
- Resulting in damage to property or taking of money or other property;
- Although not falling within paragraphs (a) to (d), is, in the opinion of the Commission, an abuse of the rights of a citizen
5. What does the Act say regarding statements from members of the security forces?
Section 21. –
(1) Subject to subsection (5), the Commission may at any time require any member of the Security Forces, a specified official or any other person who, in its opinion, is able to give assistance in relation to an investigation under this Act, to furnish a statement of such information and produce any document or thing in connection with the investigation that may be in the possession or under the control of that member, official or other person.
(2) The statements referred to in subsection (1) shall be signed before a Justice of the Peace
(3) Subject to subsection (4), the Commission may summon before it and examine on oath –
(a) any complainant; or
(b) any member of the Security Forces, any specified official or any other person who, in the opinion of the Commission, is able to furnish information relating to the investigation.
(4) For the purposes of an investigation under this Act, the Commission shall have the same powers as a Judge of the Supreme Court in respect of the attendance and examination of witnesses and the production of documents.
(5) A person shall not, for the purpose of an investigation, be compelled to give any evidence or produce any document or thing which he could not be compelled to give or produce in proceedings in any court of law.
(6) Section 4 of the Perjury Act shall apply to proceedings under this section in relation to an investigation as it applies to judicial proceedings in any court of law.