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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