Division 3 — Service offences
Desertion
34.—(1)  A police officer who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to imprisonment for a term not exceeding 10 years, and all arrears of emoluments due to him or her shall be forfeited.
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(2)  For the purposes of this section, a person deserts if he or she, being on duty, or having been notified to report for duty, without leave does not attend at or leaves his or her place of duty in circumstances which show that he or she has the intention to remain permanently absent without leave or of not returning to his or her duty.
(3)  Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).
Connivance at desertion
35.  A person who —
(a)being aware of the desertion or intended desertion of a police officer, does not without reasonable excuse inform his or her superior officer immediately; or
(b)fails to take any steps in his or her power to cause the apprehension of a police officer whom he or she knows, or has reasonable cause to believe, to be a deserter,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and to imprisonment for a term not exceeding 2 years or to any other punishment authorised by this Act.
Absence without leave
36.—(1)  A police officer who is absent without leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both, and to any other punishment authorised by this Act, and all arrears of emoluments due to him or her shall be forfeited.
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(2)  Any police officer is absent without leave if the police officer —
(a)without authority leaves his or her place of duty;
(b)without authority is absent from his or her place of duty;
(c)having been authorised to be absent from his or her place of duty, fails to return to his or her place of duty at the end of the period for which his or her absence was authorised; or
(d)having been notified to report for duty, fails to report to his or her place of duty without lawful excuse.
(3)  It is a defence for any person charged with an offence under this section to prove that his or her absence was a result of circumstances over which he or she had no control.
(4)  Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).
Threatening or insulting another officer of senior or equal rank
37.  A police officer who threatens or insults another police officer of senior or equal rank when —
(a)such other officer is on duty; or
(b)such threat or insult relates to or is consequent on the discharge of duty by the officer so threatened or insulted,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Attempt to commit service offence
38.—(1)  A person who, with intent to commit any service offence, by act or omission behaves in a manner that is, or that the person believes to be, a substantial step towards the commission of the service offence is deemed, for the purpose of this section, to have attempted to commit the service offence.
(2)  A person who attempts to commit a service offence under any of the provisions of this Part shall be liable on conviction or on being found guilty thereof to the like punishment for that offence.
(3)  A person charged with attempting to commit a service offence may be convicted or found guilty of the attempt even though the evidence in the proceedings proves that the person committed the offence.
(4)  Where an attempt to commit a service offence is voluntarily abandoned, the fact and circumstances of that abandonment are to be taken into consideration in mitigation of any punishment to be imposed in respect of the attempt.
Aiding, etc., commission of service offence
39.  A person who intentionally or recklessly —
(a)aids, abets, counsels or procures;
(b)incites to, urges or encourages; or
(c)commands or orders,
the commission of a service offence shall be guilty of the service offence.
Disciplinary offences
40.—(1)  The service offences specified in the Schedule are disciplinary offences.
(2)  Subject to subsections (3), (4) and (5), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Police Regulations, a police officer below the rank of inspector is found guilty of a disciplinary offence by a disciplinary officer who is a commanding officer, the disciplinary officer may order that such police officer be subject to any one of the following punishments:
(a)dismissal or retirement in the public interest from the Police Force;
(b)reduction in rank, grade or seniority;
(c)stoppage of increment for up to 2 years;
(d)stoppage of leave;
(e)restriction of privileges;
(f)extra duty;
(g)reprimand;
(h)caution.
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(3)  A disciplinary officer who is not a commanding officer but is an officer authorised by a commanding officer to conduct disciplinary proceedings against a police officer below the rank of inspector (called in this subsection and subsection (3A) the defendant police officer) may, after giving the defendant police officer a reasonable opportunity to be heard in accordance with this Act and the Police Regulations and if that disciplinary officer is satisfied on the evidence as to the defendant police officer’s guilt —
(a)order that the defendant police officer be subject to any one of the punishments specified in subsection (2)(b) to (h); or
(b)recommend in writing to the commanding officer that the defendant police officer should be dismissed or retired in the public interest from the Police Force, together with a report containing a record of the proceedings conducted by the disciplinary officer and the grounds for the recommendation.
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(3A)  Upon receipt of any written recommendation and report under subsection (3)(b) from a disciplinary officer with respect to a defendant police officer below the rank of inspector, the commanding officer may, after reviewing that report, by order —
(a)quash any finding of guilt made by the disciplinary officer and acquit the defendant police officer if the commanding officer is of the opinion that —
(i)the finding is illegal or cannot be supported by the evidence; or
(ii)the disciplinary proceedings conducted by the disciplinary officer were not in accordance with any provision in this Part or the Police Regulations,
and, where appropriate, refer the case to another disciplinary officer recommending that disciplinary proceedings be re‑instituted against the defendant police officer; or
(b)dismiss the defendant police officer, or order the defendant police officer’s retirement in the public interest, from the Police Force or substitute another punishment referred to in subsection (2)(b) to (h).
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(4)  A disciplinary officer may, in lieu of or in addition to any punishment imposed under subsection (2), (3)(a) or (3A)(b), order —
(a)the police officer concerned to pay a fine not exceeding $200; or
(b)the forfeiture of not more than one month of the police officer’s gross monthly salary.
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(5)  In addition to any punishment imposed under subsection (2), (3)(a) or (3A)(b), a disciplinary officer may make the following orders where the disciplinary officer finds any police officer below the rank of inspector guilty of the following disciplinary offences:
(a)in the case of the disciplinary offence of absence without leave, an order of forfeiture of the police officer’s emoluments in respect of the period of absence or such lesser period as the disciplinary officer may consider fit; or
(b)in the case of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, an order for the police officer concerned to make good, either partially or wholly, the value of such property or the amount of such loss or damage.
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(6)  Where an order is made by a disciplinary officer under subsection (2), (3)(a), (3A)(b), (4) or (5) against a police officer below the rank of inspector, that police officer may, not later than the 30th day after the date the order is served on the police officer, appeal to a Disciplinary Appeal Committee against any punishment imposed by, or against any finding of guilt in, the disciplinary officer’s order.
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(7)  In every case where an appeal has been made under subsection (6) against any order under subsection (2), (3)(a), (3A)(b), (4) or (5), the punishment awarded by that order must be suspended pending the determination of the appeal.
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(8)  A Disciplinary Appeal Committee may determine an appeal under subsection (6) against an order of a disciplinary officer —
(a)by confirming any finding of guilt or punishment ordered by the disciplinary officer;
(b)by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Disciplinary Appeal Committee is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re‑tried by another disciplinary officer;
(c)by replacing any finding by the disciplinary officer that, in the opinion of the Disciplinary Appeal Committee, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or
(d)by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard,
and the decision of the Disciplinary Appeal Committee in any such appeal is final.
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(9)  Where a police officer below the rank of inspector is ordered to be retired in the public interest under subsection (2), his or her service is, for the purposes of the Pensions Act 1956 or the Home Affairs Uniformed Services Superannuation Act 2001, deemed to have been terminated or retired in the public interest.
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(10)  The value or amount ordered to be made good by a police officer under subsection (5)(b) —
(a)may be recovered by stoppage of the whole or part of any of his or her emoluments;
(b)is recoverable as a debt due to the Government from that police officer; and
(c)is payable to the Police Fund established under Part 10.
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Disciplinary Appeal Committees
40A.—(1)  There are to be one or more Disciplinary Appeal Committees to hear appeals under section 40(6) by a police officer below the rank of inspector.
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(2)  The Minister is to appoint a panel consisting of such number of commanding officers as the Minister may consider necessary for the purpose of constituting a Disciplinary Appeal Committee to hear an appeal under section 40(6).
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(3)  Whenever an appeal under section 40(6) is made, there must be constituted a Disciplinary Appeal Committee to hear the appeal, comprising —
(a)the Commissioner; and
(b)2 other commanding officers selected by the Commissioner from the panel of such officers appointed by the Minister under subsection (2).
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(4)  Where an appeal under section 40(6) is made against a decision of a commanding officer, that commanding officer must not be selected under subsection (3) to be a member of the Disciplinary Appeal Committee constituted to hear that appeal.
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(5)  Unless otherwise provided by or under this Act, a Disciplinary Appeal Committee may determine the procedure to be adopted by it in considering an appeal under section 40(6).
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Prosecutions for disciplinary offences
41.—(1)  A police officer below the rank of inspector accused of any of the disciplinary offences may, instead of being dealt with under section 40, be prosecuted in court.
(2)  A police officer mentioned in subsection (1) shall, on conviction of a disciplinary offence for which no penalty is expressly provided for in this Act, be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(3)  No prosecution under this section shall be instituted without the consent of the Public Prosecutor.
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Reduction or dismissal, etc., after conviction
42.—(1)  Any police officer below the rank of inspector who is convicted —
(a)of any service offence under this Part; or
(b)under the provisions of any other written law of an offence punishable with imprisonment,
may, unless the conviction is set aside on appeal, be reduced in rank or dismissed, or retired in the public interest from the Police Force by the Commissioner.
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(2)  Where a police officer is dismissed or retired in the public interest from the Police Force following any conviction referred to in subsection (1), the Commissioner or a commanding officer may order the forfeiture of any arrears of emoluments due to the police officer.
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Reduction to constable before dismissal
43.  A police officer below the rank of inspector dismissed from the Police Force must be reduced to the rank of constable before dismissal.