Division 4 — Special provisions for national servicemen
Discipline of other special police officers
82.—(1)  A special police officer (other than a volunteer or a volunteer ex‑NSman) who is below the rank of assistant superintendent may be disciplined by —
(a)a police officer not below the rank of assistant superintendent; or
(b)a special police officer not below the rank of assistant superintendent,
in accordance with this Act and the Special Constabulary Regulations.
[10/2015]
(2)  A special police officer (other than a volunteer or a volunteer ex‑NSman) of or above the rank of assistant superintendent may be disciplined in accordance with this Act and the Special Constabulary Regulations by any police officer below the rank of Deputy Commissioner but of a higher rank than the special police officer concerned.
[10/2015]
(3)  Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex‑NSman) below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments:
(a)detention for a period not exceeding 40 days;
(b)reduction in rank, grade or seniority;
(c)forfeiture of up to 14 days’ emoluments;
(d)reprimand;
(e)stoppage of leave;
(f)restriction of privileges;
(g)extra duty;
(h)caution.
[10/2015]
(4)  Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex-NSman) not below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that such special police officer be subject to any one of the following punishments:
(a)reduction in rank, grade or seniority;
(b)forfeiture of up to 14 days’ emoluments;
(c)stoppage of increment for up to 2 years;
(d)reprimand.
[10/2015]
(5)  A reprimand must not be awarded against a special police officer of the rank of constable, and a caution must not be awarded against a special police officer above the rank of corporal.
(6)  A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (3) or (4), order the special police officer concerned to pay —
(a)in the case of a special police officer below the rank of senior staff sergeant — a fine not exceeding $1,500;
(b)in the case of a special police officer of the rank of senior staff sergeant or higher but below the rank of assistant superintendent — a fine not exceeding $2,000;
(c)in the case of a special police officer of the rank of assistant superintendent or deputy superintendent — a fine not exceeding $3,000;
(d)in the case of a special police officer of the rank of superintendent or deputy assistant commissioner — a fine not exceeding $6,000; or
(e)in the case of a special police officer of the rank of assistant commissioner or higher — a fine not exceeding $10,000.
[53/2018]
(7)  In addition to any punishment specified in subsections (3), (4) and (6), if a disciplinary officer finds any special police officer guilty of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, the disciplinary officer may order that special police officer concerned to pay compensation to make good, either partially or wholly, the value of such property or the amount of such loss or damage.
[10/2015]
(8)  In assessing the amount to be paid by way of compensation ordered under subsection (7), a disciplinary officer must have regard to the emoluments of the special police officer concerned, and any order under that subsection does not affect any right to any civil remedy for the recovery of damages beyond the amount of compensation so ordered.
[10/2015]
(9)  The value or amount ordered to be made good by a special police officer under subsection (7) is recoverable as a debt due to the Government from that special police officer and be payable to the Police Fund established under Part 10.
[10/2015]
(10)  A disciplinary officer authorised to impose detention as punishment under this section with respect to special police officers may order the detention as follows of a special police officer who is ordered under subsection (6), on or after 1 June 2015, to pay a fine and who defaults in payment:
(a)if the fine is $300 or lower, detention for not more than 10 days;
(b)if the fine exceeds $300 but does not exceed $1,000, detention for a period not exceeding 20 days;
(c)in any other case, detention for not more than 40 days or until the fine is paid.
[10/2015; 53/2018]
(11)  Any detention ordered under subsection (10) against a special police officer is to start on such date as the disciplinary officer may specify in the order but must end earlier if the special police officer pays the fine in full.
[10/2015]
(12)  Any special police officer against whom any order is made by a disciplinary officer under subsection (3), (4), (6), (7) or (10) may, not later than the 30th day after the date the order is served on the special police officer, appeal to the Commissioner or a Deputy Commissioner against any punishment imposed by that order or against any finding of guilt therein.
[10/2015]
(13)  In every case where an appeal has been lodged under subsection (12) against any order under subsection (3), (4), (6), (7) or (10), the punishment awarded by that order is suspended pending the determination of the appeal.
[10/2015]
(14)  The Commissioner or a Deputy Commissioner (as the case may be) may determine an appeal under subsection (12) 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 Commissioner or Deputy Commissioner 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 Commissioner or Deputy Commissioner, 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.
[10/2015]
(15)  Every decision of the Commissioner or a Deputy Commissioner (as the case may be) under subsection (14) in any such appeal is final.
[10/2015]
(16)  A sentence of detention imposed as a punishment under subsection (3)(a) takes effect from the date on which it was passed, unless the disciplinary officer passing the sentence otherwise directs.
(17)  A person sentenced to detention under this Act must, unless otherwise provided for in the Special Constabulary Regulations, serve his or her sentence in a detention barrack.
Arrest for disciplinary offences after discharge
83.  The Commissioner, or a commanding officer in relation to a person who is a former special police officer discharged from the Special Constabulary in the circumstances specified in section 72(2), may issue a warrant for the arrest of the person where the Commissioner or commanding officer —
(a)suspects, on reasonable grounds, that the person has committed a disciplinary offence or an offence under this Part before the person’s discharge; and
(b)believes, on reasonable grounds, that the arrest of the person is necessary to ensure the appearance of the person before a disciplinary officer or that the person will not appear before a disciplinary officer.
Disciplinary proceedings after discharge
84.—(1)  Subject to section 115, where an offence under this Part or a disciplinary offence has been committed, or is reasonably suspected of having been committed, by any special police officer (other than a volunteer) before his discharge from the Special Constabulary in the circumstances specified in section 72(2), then despite the discharge, he must be treated, in relation to that offence, for the purposes of this Act relating to —
(a)arrest, keeping in custody, investigation of charges; and
(b)trial and punishment by a disciplinary officer, including review and execution of sentences,
as if he is still a member of the Special Constabulary and a special police officer and as continuing to be subject to this Act.
(1A)  Without limiting subsection (1), a disciplinary officer may order the person treated under subsection (1) as continuing to be subject to this Act to appear before the disciplinary officer on the date and at the time appointed by the disciplinary officer for the purpose of any disciplinary proceedings in relation to the disciplinary offence concerned.
[Act 21 of 2021 wef 02/09/2022]
(1B)  A person who fails to comply with any order under subsection (1A) is deemed to have committed a disciplinary offence.
[Act 21 of 2021 wef 02/09/2022]
(2)  Where, while a person is in service custody by virtue of this section (whether before, during or after trial) he commits, or is reasonably suspected of having committed, an offence which if he were subject to this Act would be a service offence, then in relation to that offence or suspected offence he must be treated, for the purposes of this Act mentioned in subsection (1) and the provisions thereof as to the dealing with charges by a disciplinary officer, as having been subject to this Act when the offence was committed or is suspected of having been committed and as continuing to be subject to this Act thereafter.
(3)  Where under subsection (1) or (2) a person is treated as not being discharged from the Special Constabulary for the purpose of any provision of this Act, the person —
(a)where the person was a national serviceman or an operationally ready national serviceman, must be regarded as having the rank he held on the day of his discharge or release as a national serviceman or an operationally ready national serviceman if he is no more liable for full‑time service or operationally ready national service (as the case may be) under the Enlistment Act 1970; and
(b)where the person remains liable to render operationally ready national service under the Enlistment Act 1970, must be regarded as having the rank he holds as an operationally ready national serviceman at the date of disciplinary proceedings or trial for such offence under this Part or disciplinary offence.
Special Constabulary Regulations
85.—(1)  The Minister may make regulations necessary or expedient for the carrying out of the purposes of this Part.
(2)  Without limiting subsection (1), the Minister may make regulations for or with respect to special police officers on all or any of the following matters:
(a)uniform and equipment;
(b)arms to be carried;
(c)training;
(d)duties and responsibilities when not mobilised for service;
(e)the manner of mobilisation and of discontinuing the same;
(f)the investigation into, the conduct of disciplinary proceedings and the awarding of punishment, for disciplinary offences which may be dealt with by a disciplinary officer, including but not limited to —
(i)the procedure to be observed in the bringing of charges before a disciplinary officer;
(ii)the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating or dealing with such charges;
(iii)the addition to, or substitution for, a charge which has been investigated or a new charge for a disciplinary offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge;
(iv)the procedure to be observed in disciplinary proceedings before a disciplinary officer; and
(v)empowering a disciplinary officer to amend a charge which is being heard by the disciplinary officer;
(g)the classification, treatment, employment, discipline and control of special police officers serving sentences of detention, including the temporary or other release from detention for good conduct while in detention, for compassionate grounds or otherwise;
(h)salaries and allowances;
(i)awards in respect of death and personal injuries;
(j)duties and responsibilities of members called up for national service or other service with the Special Constabulary;
(k)any other matter which by this Part is required or permitted to be prescribed.
[10/2015]
(3)  All Special Constabulary Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.