PART 8
SPECIAL CONSTABULARY
Division 1 — Organisation and duties of Special Constabulary
Constitution of Special Constabulary
66.—(1)  As from 12 October 2004, the Special Constabulary constituted under the repealed Act continues and is deemed to be constituted under this Act.
(2)  The Special Constabulary consists of such number of —
(a)full-time national servicemen enlisted in the Special Constabulary;
(b)operationally ready national servicemen enlisted in the Special Constabulary; and
(c)volunteers and volunteer ex-NSmen enrolled under section 68 as members of the Special Constabulary,
as the Minister may decide.
[10/2015]
(3)  The Special Constabulary consists of such ranks as are organised by or under the authority of the Minister.
Special Constabulary has police powers and duties
67.—(1)  Each of the special police officers specified in subsection (2) —
(a)has all the duties of police officers under this Act;
(b)have all the powers conferred on police officers under any written law; and
[Act 21 of 2021 wef 01/01/2022]
(c)is entitled to such protection and privilege under section 25,
as if he or she were a police officer of corresponding rank.
(2)  A special police officer has the powers and duties and is entitled to the protection and privileges of police officers referred to in subsection (1) for the following duration:
(a)in the case of a full-time national serviceman enlisted in the Special Constabulary, from the time his liability to report for enlistment or national service arises until such time as he is lawfully discharged or released;
(b)in the case of an operationally ready national serviceman enlisted in the Special Constabulary, from the time he is ordered to report for enlistment or service (whether or not he has complied with such an order) and while in uniform or performing duty in the Special Constabulary under section 14 of the Enlistment Act 1970, and while called out for mobilised service under sections 16 and 17 of that Act;
(c)in the case of a volunteer or a volunteer ex‑NSman enrolled under section 68 as a member of the Special Constabulary, during the period he is ordered to report for duty (whether or not he has complied with such an order), or he volunteers for duty to assist the Police Force in the execution of its duties.
[10/2015]
(3)  Without affecting subsections (1) and (2), every special police officer when mobilised for active service under section 73 has the same powers and duties and the same protection and immunities as a police officer of corresponding rank.
Enrolment of volunteers, etc.
68.—(1)  Subject to subsection (2), the Commissioner may enrol in the Special Constabulary any volunteer offering his or her service and desiring to serve as a member of the Special Constabulary.
[10/2015]
(2)  A volunteer who is not a citizen of Singapore must not be enrolled under subsection (1) without the approval of the Minister.
(3)  Despite subsection (2), the Commissioner may enrol under this section, as a volunteer ex‑NSman in the Special Constabulary, any former operationally ready national serviceman who had enlisted in the Special Constabulary where —
(a)the Commissioner wants that former operationally ready national serviceman to continue to serve as a member of the Special Constabulary; and
(b)the operationally ready national serviceman is offering his service.
[10/2015]
(4)  A special police officer who is a volunteer or a volunteer ex‑NSman may be paid such emoluments as the Minister may authorise.
[10/2015]
Applicability of Enlistment Act 1970 to volunteer ex-NSmen
68A.—(1)  The provisions of sections 14, 15, 21, 22 and 30 of the Enlistment Act 1970 affecting any person who is liable for operationally ready national service apply (so far as relevant) to any special police officer who is a volunteer ex‑NSman as if the volunteer ex‑NSman were an individual liable for operationally ready national service, with such prescribed exceptions, modifications and adaptations as the differences between an operationally ready national serviceman and a volunteer ex‑NSman require.
[10/2015]
(2)  The provisions of any other existing law that relate to an individual liable for operationally ready national service have effect as if any reference in that existing law to any such individual also includes a reference to any volunteer ex‑NSman, with such prescribed exceptions, modifications and adaptations as the differences between this Part and that existing law require.
[10/2015]
(3)  In this section, “existing law” means any written law having effect as part of the law of Singapore immediately before 1 June 2015.
[10/2015]
Appointments, promotions and dismissals
69.—(1)  A special police officer not below the rank of superintendent is to be appointed and promoted and may be reduced in rank or grade or dismissed or discharged by the Minister.
[Act 21 of 2021 wef 01/01/2022]
(2)  A special police officer of or below the rank of deputy superintendent is to be appointed and promoted and may be reduced in rank or grade or dismissed or discharged by the Commissioner or a Deputy Commissioner.
[10/2015]
[Act 21 of 2021 wef 01/01/2022]
(3)  A person who has been called up for national service in the Special Constabulary must not be discharged under subsection (1) or (2) except with the prior approval of the proper authority appointed under the Enlistment Act 1970.
[Act 21 of 2021 wef 01/01/2022]
Oath or affirmation
70.—(1)  Every person enrolled under section 68 must take an oath or affirmation in such form as the Minister may prescribe before a police officer not below the rank of assistant superintendent.
(2)  A person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(3)  This section does not apply to national servicemen or operationally ready national servicemen.
Warrant card
71.  A warrant card must be issued to every special police officer deployed to perform duties that require the exercise of the powers of a police officer, and is evidence of his or her appointment under this Act.
[Act 21 of 2021 wef 01/01/2022]
Discharge from Special Constabulary
72.—(1)  [Deleted by Act 21 of 2021 wef 02/09/2022]
(2)  A special police officer referred to in section 66(2)(a) or (b) shall be discharged from the Special Constabulary as follows:
(a)from continuous full-time service in the Special Constabulary when —
(i)he has completed the period of full-time service prescribed by the Enlistment Act 1970*;
(ii)he is transferred from the Special Constabulary to another force specified by the proper authority in a notice given to him;
(iii)he is exempted by notice under section 29 of the Enlistment Act 1970* from his liability to render full-time service in the Special Constabulary and is given the notice; or
(iv)he ceases to be a person subject to the Enlistment Act 1970*;
(b)from operationally ready national service in the Special Constabulary when —
(i)he is transferred from the Special Constabulary to another force specified by the proper authority in a notice given to him;
(ii)he is exempted by notice under section 29 of the Enlistment Act 1970* from his liability to render operationally ready national service in the Special Constabulary and is given the notice; or
(iii)he ceases to be a person subject to the Enlistment Act 1970*.
[Act 21 of 2021 wef 02/09/2022]
[*Updated to be consistent with the 2020 Revised Edition]
(3)  Any volunteer or volunteer ex‑NSman is entitled, except when mobilised under section 73, to be discharged from the Special Constabulary —
(a)after giving to the Commissioner —
(i)in the case of a volunteer ex-NSman, at least 3 months’ notice in writing of his intention to resign from the Special Constabulary; or
(ii)in any other case, at least 14 days’ notice in writing of his or her intention to resign from the Special Constabulary; and
[10/2015]
(b)upon delivering to the Commissioner in good order (fair wear and tear only excepted) any of the following that belongs to the Government, is issued to the volunteer or volunteer ex-NSman and is in his possession:
(i)arms and ammunition;
(ii)any other article or property specified in the Police General Orders in section 118 or the Force Orders in section 119.
[Act 21 of 2021 wef 02/09/2022]
(3A)  The Commissioner may, without notice, discharge any special police officer who is a volunteer ex‑NSman; but this does not prevent him from offering his service and being enrolled subsequently as a volunteer under section 68(1).
[10/2015]
(3B)  Every special police officer must, before leaving the Special Constabulary because of his resignation, dismissal, discharge or otherwise, deliver up in good order (fair wear and tear only excepted) any of the following that belongs to the Government, is issued to the special police officer and is in his possession:
(a)arms and ammunition;
(b)any other article or property specified in the Police General Orders in section 118 or the Force Orders in section 119.
[Act 21 of 2021 wef 02/09/2022]
(4)  Nothing in this section is deemed to affect or limit any power of dismissal from the Special Constabulary conferred by or under this Act.
Mobilisation
73.—(1)  With the permission of the Minister, the Commissioner may mobilise for active service the Special Constabulary or any part thereof to perform either general or special police duties.
(2)  Such active service must continue until an order is made by the Commissioner with the approval of the Minister stating the date of demobilisation.
(3)  Every special police officer who is so mobilised must assemble at such place and perform such service as the Commissioner or a Deputy Commissioner directs.
[10/2015]
Penalty for refusal to serve when mobilised
74.—(1)  A special police officer mobilised for active service who without reasonable excuse, the proof whereof shall lie on him or her, refuses or neglects to serve 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 3 years or to both.
(2)  Any police officer may arrest without warrant any person where he or she believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).
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.
Division 3 — Special provision for volunteers
Discipline of volunteer special police officers and volunteer ex‑NSmen
81.—(1)  A special police officer who is a volunteer or a volunteer ex‑NSman and 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 who is a volunteer or a volunteer ex‑NSman and 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 who is a volunteer or a volunteer ex‑NSman and 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)dismissal from the Special Constabulary;
(b)detention of a volunteer ex-NSman for a period not exceeding 40 days;
(c)reduction in rank, grade or seniority;
(d)forfeiture of emoluments as follows:
(i)up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman;
(ii)up to 8 hours’ emoluments for a special police officer who is a volunteer;
(e)reprimand;
(f)stoppage of leave for a special police officer who is a volunteer ex‑NSman;
(g)restriction of privileges for a special police officer who is a volunteer ex‑NSman;
(h)extra duty for a special police officer who is a volunteer ex‑NSman;
(i)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 who is a volunteer or a volunteer ex‑NSman and not 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)dismissal from the Special Constabulary;
(b)reduction in rank, grade or seniority;
(c)forfeiture of emoluments as follows:
(i)up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman;
(ii)up to 8 hours’ emoluments for a special police officer who is a volunteer;
(d)stoppage or deferment of increment (of up to 2 years) for a special police officer who is a volunteer ex‑NSman;
(e)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.
[Act 21 of 2021 wef 02/09/2022]
(7)  In addition to any punishment specified in subsections (3), (4) and (6), if a disciplinary officer finds any special police officer who is a volunteer ex‑NSman 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 a volunteer ex‑NSman and 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 who is a volunteer ex‑NSman 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) or (7), 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 person sentenced to detention under this section must, unless otherwise provided for in the Special Constabulary Regulations, serve his or her sentence in a detention barrack.
[10/2015]
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.
Division 5 — Miscellaneous
Composition of disciplinary offences
84A.—(1)  Where a special police officer is alleged to have committed a disciplinary offence that is prescribed as a compoundable offence (called in this section a prescribed offence), the disciplinary officer may, instead of dealing with the special police officer under section 81 or 82 (as the case may be), refer the alleged offence to any police officer or public officer authorised by the Commissioner to compound offences (called in this section an authorised composition officer) for the composition of the offence under this section.
(2)  Subject to subsection (3), any authorised composition officer may compound a prescribed offence by collecting from a special police officer reasonably suspected of having committed the offence a sum not exceeding the lower of the following:
(a)one half of the amount of the maximum fine that is authorised to be imposed by a disciplinary officer on the special police officer for the offence under this Part;
(b)$5,000.
(3)  An authorised composition officer must not compound a prescribed offence reasonably suspected to have been committed by a special police officer who is in the same chain of command as the authorised composition officer.
(4)  On payment of the sum of money under subsection (2), no further proceedings are to be taken against that special police officer in respect of the prescribed offence.
(5)  All sums collected for the composition of a disciplinary offence under this Act must be paid into the Consolidated Fund.
[Act 24 of 2022 wef 28/10/2022]
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.