PART 12 | 111. A person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both. |
| Offences by bodies corporate, etc. |
112.—(1) Where an offence under this Act committed by a body corporate is proved —| (a) | to have been committed with the consent or connivance of an officer of the body corporate; or | | (b) | to be attributable to any neglect on the officer’s part, |
| the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
| (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. |
(3) Where an offence under this Act committed by a partnership is proved —| (a) | to have been committed with the consent or connivance of a partner; or | | (b) | to be attributable to any neglect on the partner’s part, |
| the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —| (a) | to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or | | (b) | to be attributable to any neglect on such an officer or a member, |
| the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. |
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(5) In this section —| “body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005; |
“officer” —| (a) | in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or | | (b) | in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; |
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| “partner” includes a person purporting to act as a partner. |
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| 112A.—(1) The Minister may, by regulations, prescribe any offence under this Act (except a service offence or disciplinary offence) as a compoundable offence. [10/2015] (2) The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:| (a) | one half of the amount of the maximum fine that is prescribed for the offence; | | (b) | $5,000. [10/2015] |
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| (3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [10/2015] |
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113.—(1) Nothing in this Act affects the jurisdiction of any court to try a person for any offence under any other written law triable by the court where the act or omission of that person also constitutes a service offence.| (2) Where a person subject to this Act has been charged with a service offence and has had the charge dealt with by a disciplinary officer, a court is debarred from trying the person subsequently for an offence substantially the same as that offence. |
| (3) Except as provided in subsections (2) and (5) and section 115, nothing in this Act is to be construed as restricting the jurisdiction of any court to try a person subject to this Act for an offence. |
| (4) For the purposes of this section, a case is deemed to have been dealt with by a disciplinary officer even though the finding of that officer has been quashed, or the award of that officer quashed or varied, on the review thereof. |
| (5) A person subject to this Act must not be tried by a court for any service offence unless the Public Prosecutor has given his or her consent for the trial. |
| (6) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. |
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| Persons not to be disciplined for offence already disposed of |
114. Where a person subject to this Act —| (a) | has been tried for a service offence by a court; or | | (b) | has had a service offence committed by him or her taken into consideration by the court in sentencing him or her, |
| the person shall not be liable in respect of that offence to be dealt with and punished by a disciplinary officer under this Act. |
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| Limitation of time for offences under Act |
115.—(1) Subject to subsection (2), no disciplinary proceedings shall be instituted under this Act against a special police officer who is a national serviceman for any disciplinary offence unless the disciplinary proceedings begin within 3 years after the later of the following dates:| (a) | the date on which the disciplinary offence was alleged to have been committed; | | (b) | the date on which information relating to the commission of that offence was first reported to or discovered by an investigating officer for that disciplinary offence. [10/2015] |
| (2) A person who is subject to this Act at the time of the alleged commission by him of a service offence of desertion or absence without leave continues to be liable to be charged, dealt with and tried at any time under this Act. |
(3) In calculating the period of limitation referred to in subsection (1), there must not be included —| (a) | any time during which a person was serving sentence in a prison; | | (b) | any period of absence caused by his detention in a drug rehabilitation centre or at any other place pursuant to the provisions of any other written law; and | | (c) | any period of absence in respect of which a person has been found guilty by a disciplinary officer of desertion or absence without leave. |
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| (4) Nothing in this section affects the jurisdiction of a court to try any person for any service offence committed by him or her. |
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| 116. The Minister may, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act or any regulations made thereunder subject to such terms and conditions as may be prescribed. |
117.—(1) The Minister may make such regulations not inconsistent with the provisions of this Act to be called the Police Regulations as the Minister may think expedient.(2) Without affecting any other provisions of this Act, such regulations may provide for —| (a) | the organisation and distribution of the Police Force; | | (b) | appointments, emoluments, resignations, discharges, dismissals, reductions, reversions and conditions of service; | | (c) | the investigation into, the conduct of disciplinary proceedings and the awarding of punishment, for disciplinary offences which may be dealt with by a disciplinary officer, including but not limited to —| (i) | the procedure to be observed in the bringing of charges before a disciplinary officer; | | (ii) | the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating or dealing with such charges; | | (iii) | the addition to, or substitution for, a charge which has been investigated of a new charge for a disciplinary offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge; | | (iv) | the procedure to be observed in disciplinary proceedings before a disciplinary officer; and | | (v) | empowering a disciplinary officer to amend a charge which is being heard by him or her; |
| | (d) | leave of absence; | | (e) | the uniforms, arms and accoutrements to be provided; | | (f) | the administration of the Police Fund; | | (g) | the administration of any association established for the welfare of police officers, special police officers or any non-police personnel performing duties in the Police Force, and the control of the funds of any such association and the collection from members thereof of subscriptions to the association; [Act 21 of 2021 wef 01/01/2022] | | (h) | the appointment, release, discharge of forensic specialists and civilian police assistants, and the terms and conditions of service of forensic specialists and civilian police assistants who are not public officers; | | (i) | the administration, organisation and discipline of forensic specialists and civilian police assistants, including (in particular) requiring compliance with any provision of the Police General Orders or Force Orders; | | (j) | such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Police Force efficient in the discharge of its duties, and for carrying out the objects of this Act; and | | (k) | any other matter which by this Act (except Parts 8 and 9) is required or permitted to be prescribed. [10/2015] |
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| (3) Such regulations, if so provided therein, are applicable to and binding on all members of the public service of Singapore employed in connection with the Police Force, even though they are not police officers, in the same manner as if they were police officers. |
| (4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette. |
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118.—(1) The Commissioner may make such orders not inconsistent with the provisions of this Act and of the Police Regulations to be called the Police General Orders as the Commissioner may think expedient.(2) Without limiting subsection (1), such Police General Orders may provide for —| (a) | discipline and the regulation and carrying out of punishment; | | (b) | classifications and promotions; | | (c) | instructions and examinations; | | (d) | inspections, drills, exercises and parades; | | (e) | police services and duties of every description and the manner in which they must be carried out; | | (f) | the institution and maintenance of police messes, canteens and reading rooms; | | (g) | departmental expenditure; | | (h) | buildings, grounds, stores, furniture and equipment; | | (i) | transfers of police officers, the places at which they may reside and the particular services to be performed by them; | | (j) | the collection and communication of intelligence and information; | | (k) | the manner and form of reports, correspondence and other records; | | (l) | the performance of any act which may be necessary for the proper carrying out of the provisions of this Act or any other Act or any regulations made thereunder or for the efficient discharge of any duty imposed by any written law on the Police Force or any member thereof; and | | (m) | such other matters as may be necessary and expedient for preventing abuse or neglect of duty, for rendering the Police Force efficient in the discharge of its duties, and for carrying out the provisions of this Act. |
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| Force Orders and Standing Orders |
119.—(1) The Commissioner may issue orders of a routine nature to be called the Force Orders not inconsistent with the provisions of this Act, Police Regulations or Police General Orders for the control, direction and information of the Police Force.| (2) A commanding officer may issue orders to be called the Standing Orders not inconsistent with the provisions of this Act or Police Regulations, Police General Orders or Force Orders for the control, direction and information of the police in his or her command. |
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| Police General Orders, etc., need not be published in Gazette |
| 120. It is not necessary to publish any Police General Orders, Force Orders or Standing Orders in the Gazette. |
| Wearing and possession of police uniforms, etc., by others |
120A.—(1) A person who, when the person is not a police officer —| (a) | wears or possesses any police uniform, or uses any police insignia —| (i) | for the purpose of personating or representing himself or herself as a police officer; or | | (ii) | knowing that it is likely to cause any member of the public to believe that he or she is a police officer; |
| | (b) | uses the designation of a police officer or a rank of the Police Force or the Special Constabulary, in connection with any business, occupation or employment —| (i) | for the purpose of personating or representing himself or herself as a police officer; or | | (ii) | knowing that it is likely to cause any member of the public to believe that he or she is a police officer; |
| | (c) | represents himself or herself, by word or conduct, to be a police officer for the purpose of personating or representing himself or herself as a police officer; or | | (d) | wears or possesses any police uniform, or uses any police insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —| (i) | that the person has the permission of the Commissioner in subsection (4)(a); [Act 21 of 2021 wef 01/01/2022] | | (ii) | that the person receives, or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Police Force or the Special Constabulary; | | (iii) | that the Police Force or the Special Constabulary has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Police Force or the Special Constabulary; or | | (iv) | that the person has the sponsorship or approval of the Police Force or the Special Constabulary for any goods or services provided by or on behalf of the person, |
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| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. |
[10/2015; 53/2018] (2) A police officer who wears a police uniform or uses any police insignia otherwise than —| (a) | in the course of, and for the purpose of, exercising the functions of a police officer; or | | (b) | for such other purpose authorised in writing by the Commissioner, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. |
[53/2018] |
(3) It is a defence to a prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —| (a) | the accused had the express permission of the Commissioner to wear or possess the police uniform or use the police insignia, as the case may be; or | | (b) | the accused wore or possessed the police uniform or used the police insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958. [10/2015; 28/2017] |
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(4) A person (whether or not a police officer) who —| (a) | manufactures or sells any police uniform or police insignia otherwise than in accordance with the Commissioner’s permission; [Act 21 of 2021 wef 01/01/2022] | | (b) | sells any police uniform or police insignia to a person who is neither a police officer nor otherwise authorised or permitted under subsection (2) to possess or wear the police uniform or use the police insignia; or | | (c) | gives or furnishes, whether or not for a consideration, any police uniform or police insignia to a person who is neither a police officer nor otherwise authorised or permitted under subsection (3) to possess or wear the police uniform or use the police insignia, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. |
[10/2015] |
(5) It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —| (a) | the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the police uniform or police insignia was sold, given or furnished was —| (i) | a police officer; or | | (ii) | a person otherwise authorised or permitted under subsection (3) to possess or wear the police uniform or use the police insignia; or |
| | (b) | the accused had received from the person to whom the police uniform or police insignia was sold, given or furnished evidence purporting to show that —| (i) | that person was a police officer or was otherwise authorised or permitted under subsection (2) to possess or wear the police uniform or use the police insignia; and | | (ii) | it was reasonable to and he or she did accept that evidence as correct. [10/2015] |
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| (6) An offence under subsection (1), (2) or (4) is an arrestable offence. [10/2015; 53/2018] |
(7) In this section —“police insignia” means —| (a) | any items (being insignia, emblems, logos, symbols, representation, devices, badges of rank or other things) that are generally recognised as pertaining to the Police Force or the Special Constabulary or as being used by police officers; | | (b) | any parts of any such items; | | (c) | any reasonable imitation of any such items, or parts of such items; or | | (d) | any insignia, emblems, logos, symbols, representation, devices, badges of rank or other things prescribed by Police Regulations as being within this definition; |
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| “police officer” includes a special police officer; |
“police uniform” means the uniform of a police officer, and includes —| (a) | any parts of such a uniform or any accoutrements of a police officer that are generally recognised as parts of the uniform or accoutrements of a police officer; or | | (b) | any reasonable imitations of such a uniform or accoutrements, or parts of a uniform or accoutrements; |
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“sell” means sell, exchange or let on hire, and includes —| (a) | offer, expose, possess, send, forward or deliver for sale, exchange or hire; or | | (b) | cause, suffer or allow any sale, exchange or hire; |
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“use”, in relation to police insignia, includes —| (a) | driving on a public road a vehicle that has on it any police insignia; and | | (b) | using a reproduction or representation of police insignia, |
| but does not include wearing a police uniform. |
[10/2015] |
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| Saving and transitional provisions |
121.—(1) Any notice, order, permission or other document prepared, made, granted or approved by or under the authority of the Commissioner or Deputy Commissioner under the repealed Act or any of its subsidiary legislation, so far as it is not inconsistent with the provisions of this Act or any of its subsidiary legislation, continues and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act or its subsidiary legislation.(2) This Act does not affect —| (a) | any disciplinary proceeding or prosecution for a service offence commenced or pending before 12 October 2004, and every such proceeding may be continued and everything in relation to the proceeding may be done in all respects after that date as if this Act had not been enacted; | | (b) | the continued operation or force of any finding or order following a disciplinary proceeding or prosecution for a service offence made before 12 October 2004; and | | (c) | any right of appeal accrued before 12 October 2004 in respect of any such finding or order, and where the appeal has been made under the repealed Act but has not been dealt with or disposed of immediately before that date, the appeal may be dealt with as if this Act had not been enacted. |
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| References in other written laws and documents |
| 122. Any written law or document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act. |
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