PART 2 | CONSTITUTION AND ADMINISTRATION OF POLICE FORCE |
| Constitution of Police Force |
3.—(1) As from 12 October 2004, the Singapore Police Force established and maintained under the repealed Act continues and is deemed to be established and maintained under this Act.(2) The Police Force consists of such number of —| (a) | senior police officers; and | | (b) | other police officers below the rank of inspector, |
| as are approved by the Minister. |
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| (3) The Police Force is also called the Polis Repablik Singapura. |
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| Functions and duties of Police Force |
4.—(1) Subject to this Act, the Police Force has the following functions throughout Singapore:| (a) | to maintain law and order; | | (b) | to preserve public peace; | | (c) | to prevent and detect crimes; | | (d) | to apprehend offenders; | | (e) | to exercise any other function conferred on it by or under this Act or any other written law. |
(2) The duties of the Police Force are to take lawful measures for —| (a) | preserving the public peace; | | (b) | preventing and detecting crimes and offences; | | (c) | apprehending all persons whom police officers are legally authorised to apprehend; | | (d) | regulating processions and assemblies in public roads, public places or places of public resort; | | (e) | regulating the traffic upon public thoroughfares, and removing obstructions therefrom; | | (f) | preserving order in public places and places of public resort, at public meetings and in assemblies for public amusements, for which purpose any police officer on duty must have free admission to all such places and meetings and assemblies while open to any member of the public; | | (g) | assisting in carrying out the revenue, excise, sanitary, conservancy, quarantine and immigration laws; | | (h) | assisting in preserving order in any port, harbour, train station and airport in Singapore; | | (i) | executing summonses, subpoenas, warrants, commitments and other process issued by courts and Justices of the Peace; | | (j) | disseminating information to and advising the public and conducting prosecutions; | | (k) | taking action for the safe custody of lost property and for the disposal of unclaimed property; | | (l) | assisting in the protection of life and property at fires; | | (m) | protecting persons from injury or death, and public property from damage or loss, whether arising from criminal acts or in any other way; | | (n) | attending the criminal courts and, if specially ordered, the civil courts, and keeping order in those courts; | | (o) | escorting and guarding prisoners (including those in remand); and | | (p) | executing such other duties as may by any written law be imposed on a police officer. [10/2015] |
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| Administration of Police Force by Commissioner |
| 5. The Commissioner is responsible to the Minister for the supreme command, direction and administration of the Police Force, and of all persons appointed or engaged for police duties under the provisions of this Act. |
| Appointment of Commissioner |
6.—(1) Subject to subsection (2), the President may, on the advice of the Cabinet, appoint a public officer to be the Commissioner of Police.| (2) The President may refuse to make an appointment, or to revoke the appointment, of the Commissioner if the President, acting in the President’s discretion, does not concur with the advice or recommendation of the Cabinet. |
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| Appointment, etc., of other police officers |
7.—(1) Subject to the provisions of the Constitution, a senior police officer is to be appointed, promoted and confirmed by the Public Service Commission or the relevant Personnel Board established under the Constitution, as the case may be.(2) A police officer below the rank of inspector is —| (a) | to be appointed by the Commissioner or a commanding officer; and | | (b) | to be promoted or advanced in grade by the Commissioner. |
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| 8. A warrant card must be issued to every police officer and is evidence of his or her appointment under this Act. |
| Engagement of police officers |
9.—(1) A senior police officer is engaged to serve in the Police Force for such period and on such conditions of service as may be regulated by law and, subject to the provisions of any such law, by the President.| (2) A police officer below the rank of inspector is engaged to serve in the Police Force for such period and on such conditions as may be prescribed by the Police Regulations. |
(3) Every engagement under subsection (2) must —| (a) | be in writing signed by the person engaged; and | | (b) | be signed by a commanding officer or other officer authorised thereto under the Police Regulations. |
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| (4) Despite anything in any other law, every person who is at least 18 years of age is deemed competent to enter into an engagement under subsection (1) or (2). |
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| Re-engagements of police officers below inspector |
10.—(1) Every police officer below the rank of inspector who has completed the period of service for which he or she was engaged may offer himself or herself for re‑engagement for a further period and, if approved, may be re‑engaged on such terms and conditions as may be prescribed by the Police Regulations.| (2) Every such re-engagement must be evidenced in writing signed by the person re‑engaged and by a commanding officer or other officer authorised thereto under the Police Regulations. |
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11.—(1) Every police officer below the rank of inspector who continues in the Police Force after the completion of the period of service for which he or she was originally engaged is, unless he or she re‑engages for a further period in accordance with section 10, deemed to be under engagement to serve from month to month.| (2) Every engagement from month to month under subsection (1) after the first month’s service starts on the first and is determinable on the last day of each successive month. |
| (3) A police officer who is deemed to be under an engagement from month to month under subsection (1) must not resign from the Police Force unless the police officer has given in the prescribed manner at least one month’s notice in writing to the Commissioner or the commanding officer under whom the police officer is serving, as the case may be. |
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| Resignation during term of engagement |
| 12. A police officer may resign from the Police Force in such manner as may be specified in his or her terms of engagement. |
13.—(1) The Commissioner may without written engagement appoint persons to serve as temporary constables.| (2) A temporary constable is deemed to be under engagement to serve from month to month, with every such engagement being held to commence on the first and to be determinable on the last day of each successive month. |
| (3) A temporary constable may be discharged at any time after one month’s notice in writing by the Commissioner or a commanding officer. |
| (4) A temporary constable must not resign from the Police Force unless the temporary constable has given at least one month’s notice in writing to the Commissioner or the commanding officer under whom the temporary constable is serving, as the case may be. |
| (5) The notice in writing must be given on or before the first day of the month at the end of which such officer intends to resign. |
| (6) A temporary constable has and may exercise all the powers and privileges of, and is subject to the same authority and discipline as, a constable. |
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| Discharge of police officers below inspector |
14.—(1) The Commissioner or a commanding officer may discharge any police officer below the rank of inspector who has less than 10 years’ service, whether such officer is serving on agreement or is under engagement to serve from month to month.| (2) The Commissioner may, at any time, discharge a police officer below the rank of inspector with at least 10 years’ service if, in the opinion of the Commissioner, it is desirable in the public interest to do so. |
| (3) Where a police officer has been discharged under this section, the Pensions Act 1956 or the Home Affairs Uniformed Services Superannuation Act 2001 (as the case may be) applies to the officer so far as any of its provisions or subsidiary legislation thereunder relate to the grant of any pension, gratuity, benefit or other allowance under that Act. |
| (4) Nothing in this section is deemed to affect or limit any power of dismissal from the Police Force conferred by or under this Act. |
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| Delivery of Government property on leaving Police Force |
15.—(1) Every police officer who by resignation, dismissal, discharge or otherwise leaves the Police Force must, before leaving, deliver up in good order (fair wear and tear only excepted) any arms, ammunition, accoutrement, uniform or other article supplied to him or her and any other property belonging to the Government which may be in his or her possession.(2) A person neglecting so to deliver up such article or property in accordance with subsection (1) shall be guilty of an offence and shall —| (a) | be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months; and | | (b) | be liable to pay to the Government the value of the article or property not delivered up. |
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(3) The value of any article or property not delivered up in accordance with subsection (1) —| (a) | must be ascertained in a summary manner by the same court by which the person was convicted; and | | (b) | is recoverable as a fine. |
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| Police officer not to be member of trade union, etc. |
16.—(1) It is not lawful for any police officer to be a member of —| (a) | any trade union or any body or association affiliated to a trade union; | | (b) | any body or association the objects of which are or include controlling or influencing the emoluments, pensions or conditions of service of any police officer; or | | (c) | any body or association with political objects. [10/2015] |
| (2) A police officer who contravenes subsection (1) shall be guilty of an offence. |
| (3) If any question arises as to whether any body is a trade union or other body or association to which subsection (1) applies, the question is to be determined by the Minister on the advice of the Commissioner. |
| (4) For the purpose of enabling police officers to consider and bring to the notice of the Government matters affecting their welfare and efficiency, including emoluments, pensions, welfare and conditions of service (other than matters of discipline and promotion affecting individuals), the Commissioner may establish one or more associations composed only of police officers. [10/2015] |
(5) Any association established under subsection (4) and any branch of the association must —| (a) | operate and be administered in accordance with the Police Regulations; and | | (b) | be entirely independent of any trade union or other association outside the Police Force. |
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(6) Any association established under subsection (4) is —| (a) | deemed not to be a trade union within the meaning of the Trade Unions Act 1940; and | | (b) | exempt from the provisions of the Societies Act 1966. |
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| 17.—(1) Except as otherwise specially provided in section 18 or 110A and the Public Order and Safety (Special Powers) Act 2018, any act or thing which may be done, ordered or performed by the Commissioner under this Act or any other written law may, subject to the orders and directions of the Commissioner, be done, ordered or performed by a police officer not below the rank of superintendent. [10/2015; 26/2018] | (2) Except as otherwise specially provided in section 18 or any other written law, where a Deputy Commissioner is absent or incapable for any reason of performing or discharging any of the Deputy Commissioner’s duties under any written law, the Commissioner may authorise any police officer not below the rank of assistant superintendent to exercise the powers conferred and perform the duties imposed on the Deputy Commissioner by any written law. [10/2015] |
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| Power of Minister to substitute another officer for Commissioner or Deputy Commissioner |
18.—(1) Whenever by any written law power is given to the Commissioner or a Deputy Commissioner to grant licences for any purpose, the Minister may, by notification in the Gazette, appoint by name or office —| (a) | a police officer not below the rank of superintendent or assistant superintendent in the case of permits under the Public Order Act 2009; or | | (b) | any person (whether or not a police officer) in any other case, |
| to grant such licences in the place of or in addition to the Commissioner or the Deputy Commissioner, as the case may be. |
[15/2009; 10/2015] | (2) Any licence granted by any person appointed under subsection (1) is as valid and effectual for all purposes as if the licence had been granted by the Commissioner or the Deputy Commissioner. |
(3) Whenever by any written law power is given to the Commissioner to hear an appeal against any decision, and the decision‑maker is a police officer who, if not for this subsection, may hear that appeal, then despite section 17(1), the appeal must be heard and determined by —| (a) | the Commissioner in person (and no other); or | | (b) | if the Commissioner is absent or incapable for any reason of hearing and determining that appeal, a public officer who is not the decision‑maker whose decision is appealed against and not subordinate to that decision‑maker, and is designated by the Minister to hear and determine that appeal. [10/2015] |
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(4) In this section —| “grant”, when used with reference to a licence, includes issue or give; |
| “licence” includes a pass and a permit. |
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