Division 2 — Discipline of police officers
Discipline of police officers
28.—(1)  A senior police officer may be interdicted, dismissed or otherwise disciplined by or under the authority of the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service.
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(2)  A police officer below the rank of inspector may be interdicted, dismissed or otherwise disciplined by or under the authority of this Act.
Interdiction
29.—(1)  A police officer below the rank of inspector may be interdicted from the performance of duty by the Commissioner where —
(a)the police officer is charged in court for an offence and the Commissioner is of the opinion that the nature and gravity of the offence warrants the police officer’s interdiction;
(b)the police officer is being investigated for having committed an offence under any written law and the Commissioner considers that it is undesirable for that officer to continue to exercise the powers or perform the duties of a police officer;
(c)disciplinary proceedings under this Part that may result in the police officer’s dismissal, reduction in rank or retirement in the public interest are or are to be instituted under this Part; or
(d)the Commissioner considers that it is otherwise in the public interest that the police officer should immediately cease to exercise the powers and perform the duties of a police officer.
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(2)  Where a police officer has been interdicted under subsection (1), the Commissioner may order that the whole or such part of the police officer’s emoluments as the Commissioner thinks fit to be withheld during the period of interdiction.
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(3)  If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in the police officer’s dismissal, the Commissioner may order the forfeiture of all or any of the emoluments which the police officer would have enjoyed but for the police officer’s dismissal.
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(4)  If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in a disciplinary measure other than dismissal —
(a)where the police officer’s emoluments (other than increments) have been withheld, the Commissioner may order the forfeiture of the whole or a part of the withheld emoluments or that the withheld emoluments or a part of it be restored; and
(b)where the police officer’s increment has been withheld, the Commissioner may order the forfeiture of the whole or a part of the withheld increment or that the withheld increment or a part of it be restored.
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(5)  If the Commissioner decides that no disciplinary proceedings are to be started under this Part against a police officer who is interdicted under subsection (1), or if any such disciplinary proceedings started against the police officer do not result in any disciplinary measure being imposed on him or her, the police officer is to be entitled to the full amount of the emoluments (including increments) withheld as a result of his or her interdiction.
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(6)  When directing that any withheld increment or part of any withheld increment be restored under subsection (4)(b), the Commissioner must specify the date from which the increment is to be restored.
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(7)  To avoid doubt, nothing in this section affects section 42.
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Police officer not to resign when disciplinary proceedings are pending
30.—(1)  Despite any other provision of this Act, a police officer below the rank of inspector must not, without the written permission of the Commissioner, resign from the Police Force during the period —
(a)when any disciplinary proceedings or any prosecution for a service offence instituted against the police officer is pending;
(b)the police officer is interdicted under section 29 from the performance of duty;
(c)after notice of intention to prefer disciplinary charges or to prosecute the police officer for a service offence is given to the police officer; or
(d)where the police officer has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.
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(2)  Except with the written permission of the Commissioner, a police officer below the rank of inspector must not, during any period referred to in subsection (1), leave Singapore before disciplinary proceedings against that police officer under this Part are concluded.
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Disciplinary proceedings
31.—(1)  Every allegation against any police officer below the rank of inspector that he or she has committed a disciplinary offence must be reported in the form of a charge to a disciplinary officer.
(2)  A disciplinary officer may, when dealing with a charge brought before him or her under subsection (1), dismiss the charge if and only if he or she is satisfied that —
(a)the charge is groundless and ought not to be proceeded with; or
(b)there are special circumstances which justify its dismissal,
and the disciplinary officer must record his or her reasons for the dismissal.
(3)  A disciplinary officer is not bound by the law of evidence when dealing with a charge brought before him or her under subsection (1) and, subject to the Police Regulations, must act in such manner as seems to him or her most expedient for the disposal of the case before him or her.
Commissioner may refer case to Public Service Commission for determination
32.—(1)  Despite section 31, the Commissioner may, if the Commissioner thinks fit, refer any case where disciplinary proceedings for a disciplinary offence are to be taken under this Part against a police officer below the rank of inspector to the Public Service Commission for the case to be dealt with by the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service.
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(2)  Where any case has been referred to the Public Service Commission under subsection (1), the Commission may —
(a)order that the police officer below the rank of inspector concerned be dismissed;
(b)order that the police officer be retired in the public interest from the Police Force; or
(c)punish the police officer in accordance with section 40(2), (3), (4) or (5), as the case may be.
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(3)  Where any case has been referred to the Public Service Commission under subsection (1), any reference in this Act to a disciplinary officer includes a reference to the Public Service Commission.
Power to secure attendance of witnesses
33.—(1)  A police officer who is —
(a)authorised to conduct an investigation into; or
(b)a disciplinary officer authorised to conduct disciplinary proceedings for,
any alleged service offence committed by another police officer or a special police officer, may apply to a Magistrate for a summons to secure the attendance before the police officer, as a witness, of any person who appears to be acquainted with the circumstances of the case.
(2)  Subject to subsection (3), a Magistrate may issue a summons accordingly and such witness —
(a)is bound to attend at the time and place mentioned in the summons;
(b)is bound to answer truly all questions relating to such case as may be put to him or her by the police officer mentioned in subsection (1); and
(c)must produce all documents relevant to such case.
(3)  Nothing in this section is to be construed to compel any person to disclose any matter or produce any document which would have been protected from disclosure or production (as the case may be) on the ground of privilege if the proceedings had been held in any court.