Innovations and Practices

Best Practice Appointment Procedures for Police Chiefs

Australia (State of Queensland)

In the state of Queensland, Australia, the Commissioner of Police is appointed by the Governor in Council on a recommendation agreed to by the chair of the Crime and Misconduct Commission. The conditions of employment are governed by a contract agreed by the Minister in charge of the Police, the Chair of the Crime and Misconduct Commission and approved by the Governor in Council.

The Commissioner is appointed for a term not less than three years and not more than five years. S/he may be removed before the expiry of the term for a breach of contract. Additionally, s/he can be removed from office by the Governor in Council on the concurrence of the Chair of the Crime and Misconduct Commission on any of the following grounds: a) incapacity, because of physical or mental infirmity to properly perform the duties of office, or other unfitness to hold office b) incompetence in performing or for neglect of the duties of the office c) being found guilty of official misconduct by a Misconduct Tribunal constituted under the Misconduct Tribunals Act and if the Tribunal recommends dismissal d) conviction for an indictable offence e) imprisonment for any offence.

Bahamas

In the Bahamas Islands, the Police Commissioner is appointed by the Governor General who acts on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

The Commissioner may be removed from office by the Governor General if the removal has been recommended after an investigation by a specially constituted tribunal consisting of a minimum of three members appointed by the Governor General, on the aid and advice of the Judicial and Legal Services Commission from amongst persons who hold or have held or are eligible to hold high judicial office. While the Governor General may suspend the Police Commissioner from office during the investigation, on the advice of the Prime Minister, s/he is required to revoke the suspension if the tribunal recommends that the Police Commissioner should not be removed from office.

Fiji

In Fiji, the Commissioner of Police is appointed by the Constitutional Offices Commission following consultation with the Minister in charge of the Police.

The Constitutional Offices Commission consists of a chair and two other members appointed by the President on the nomination of the concerned minister. Each nomination must be approved by the appropriate sector standing committee of the House of Representatives before the Minister submits the nomination to the President.

Nigeria

In Nigeria, the Inspector General of Police (who heads all the police forces in Nigeria) is appointed by the President on the advice of the Police Council. The President can only remove her/him on the advice of the Police Council. The Commissioner of Police for each state of the Federation of Nigeria is appointed by the Police Service Commission.

The Police Council is headed by the President and comprises of the governors of each state; the chair of the Public Service Commission; and the Inspector General of Police. The Police Services Commission is headed by a chair and comprises of a retired justice of the Supreme Court or Court of Appeal; a retired police officer not below the rank of Commissioner of Police; and one representative each of the media, women's interest, non-governmental human rights organisations in Nigeria, organised private sector and the Secretary to the Commission. The chairperson and members who are required to be persons of proven integrity and ability are appointed by the President, subject to confirmation by the Senate.

Solomon Islands

In the Solomon Islands, the Commissioner of Police is appointed by the Governor General acting in accordance with the advice of the Prime Minister after consultation with the Police and Prisons Service Commission. The Police Commissioner holds office till attaining the age of 55 years. S/he may be removed from office by the Governor General only for: a) inability to discharge the functions of office (whether arising from infirmity of body or mind or any other cause) or b) misbehaviour. Recommendation of removal from office has to be given by a specially constituted tribunal headed by a person who holds or has held high judicial office and two other persons.

The Police and Prisons Services Commission is headed by the Chair of the Public Services Commission and comprises of the Chair of the Judicial and Legal Services Commission and a person appointed by the Governor General acting in accordance with the advice of the Prime Minister.

United Kingdom (England and Wales)

In England and Wales, Chief Constables for different police forces outside London are appointed by the Police Authority responsible for maintaining the force, subject to approval of the Secretary of State (Minister for Home Affairs) and police regulations. Chief Constables may be removed in the interests of efficiency and effectiveness by the Police Authority, acting with the approval of the Secretary of State. Before seeking approval of the Secretary of State, the Police Authority is required to give the Chief Constable an opportunity to make representations and to consider these representations.

Police Authorities set the strategic direction for the force and hold the Chief Constable to account on behalf of the local community. Police Authorities usually comprise of seventeen members: 9 local councillors appointed by the local council, 5 independent members selected following local advertisements and 3 magistrates from the local area.

Mandeep Tiwana
Access to Justice Programme
CHRI