Division 2 — Discipline in Special Constabulary
Absence without leave by special police officer
75.—(1)  A special police officer referred to in section 66(2)(a) or (b), or who is a volunteer ex-NSman, 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.
[10/2015]
(2)  A special police officer referred to in section 66(2)(a) or (b), or who is a volunteer ex‑NSman, is absent without leave if he —
(a)without authority leaves his place of duty;
(b)without authority is absent from his place of duty;
(c)having been authorised to be absent from his place of duty, fails to return to his place of duty at the end of the period for which his absence was authorised; or
(d)having been notified to report for duty fails to report to his place of duty without lawful excuse.
[10/2015]
(3)  It is a defence for any person charged with an offence under this section to prove that his absence was a result of circumstances over which he 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).
Desertion by special police officer
76.—(1)  A special police officer referred to in section 66(2)(a) or (b), or who is a volunteer ex‑NSman, 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 shall be forfeited.
[10/2015]
(2)  For the purposes of this section, a person deserts if he, being on duty, or having been notified to report for duty, without leave does not attend at or leaves his place of duty in circumstances which show that he has the intention to remain permanently absent without leave or of not returning to his 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).
Prosecutions for disciplinary offences
77.—(1)  A special police officer accused of any disciplinary offence may, instead of being dealt with under section 81 or 82, be prosecuted in court.
(2)  A special police officer mentioned in subsection (1) shall on conviction of a disciplinary offence 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.
[15/2010]
Disciplinary proceedings after conviction
78.—(1)  Where a special police officer below the rank of superintendent is convicted under the provisions of any other written law of an offence, the Commissioner may, unless the conviction is set aside on appeal, and after giving the officer a reasonable opportunity to be heard —
(a)reduce the special police officer in rank, grade or seniority; or
(b)dismiss the special police officer from the Special Constabulary if he or she is a volunteer or a volunteer ex‑NSman.
[10/2015]
[Act 21 of 2021 wef 01/01/2022]
(2)  Where a special police officer not below the rank of superintendent is convicted under the provisions of any other written law of an offence, the Minister may, unless the conviction is set aside on appeal, and after giving the officer a reasonable opportunity to be heard —
(a)reduce the special police officer in rank, grade or seniority; or
(b)dismiss the special police officer from the Special Constabulary if he or she is a volunteer or a volunteer ex‑NSman.
[10/2015]
[Act 21 of 2021 wef 01/01/2022]
(3)  Where a special police officer is dismissed following any conviction referred to in subsection (1) or (2), the Commissioner or Minister (as the case may be) may order the forfeiture of any arrears of emoluments due to the special police officer.
[10/2015]
Interdiction
79.—(1)  A special police officer may be interdicted from the performance of duty by the Commissioner where —
(a)the special 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 that officer’s interdiction;
(b)the special 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 special police officer;
(c)disciplinary proceedings under this Part that may result in the special police officer’s dismissal or reduction in rank are or are to be instituted under this Part; or
(d)the Commissioner considers that it is otherwise in the public interest that the special police officer should immediately cease to exercise the powers and perform the duties of a police officer.
[10/2015]
(2)  Where a special police officer has been interdicted under subsection (1), the Commissioner may order that the whole or any part of the special police officer’s emoluments that the Commissioner thinks fit be withheld during the period of interdiction.
[10/2015]
(3)  If the disciplinary proceedings under this Act against a special police officer who is interdicted under subsection (1) do not result in his or her dismissal or discharge, the special police officer is entitled to receive —
(a)if the special police officer is reduced in rank or otherwise disciplined — the whole or such proportion of the emoluments withheld during the period of interdiction as the Commissioner may determine; or
(b)if the special police officer is acquitted — the full amount of the emoluments or the part thereof withheld during the period of interdiction.
[10/2015]
No resignation when disciplinary proceedings are pending
80.  Despite any other provision of this Act, a special police officer must not, without the written permission of the Commissioner, resign from the Special Constabulary during the period —
(a)when any disciplinary proceedings for a disciplinary offence or any prosecution for an offence under this Part instituted against the special police officer is pending;
(b)after notice of intention to prefer disciplinary charges or to prosecute the special police officer for an offence under this Part is given to the special police officer; or
(c)where the special police officer has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.