PART 3 | DUTIES AND DISCIPLINE OF POLICE OFFICERS |
| Division 1 — Duties of police officers |
| 19.—(1) Every police officer must, before entering on the duties of his or her office, take an oath of office and oath of allegiance prescribed by the Oaths and Declarations Act 2000 in such manner as may be prescribed in the Police Regulations. [Act 25 of 2023 wef 01/12/2023] (2) To avoid doubt, where an oath is required to be taken under subsection (1), a police officer may take the oath by appearing before the person administering the oath through a live video link or live television link created using a remote communication technology that allows the person administering the oath to —| (a) | maintain visual contact and communicate with the police officer taking the oath, and any interpreter present, throughout the process; | | (b) | confirm the identity of the police officer taking the oath and any interpreter present; and | | (c) | if the oath is to be subscribed, verify by inspection the oath to be subscribed. [Act 25 of 2023 wef 01/12/2023] |
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| Liability of police officers to serve |
| 20. All police officers are bound to serve in any part of Singapore or on board any vessel or aircraft in the service of the Government, or to proceed to and serve outside Singapore as provided in Part 5. |
| Police officers to obey lawful orders |
21.—(1) Every police officer must —| (a) | obey all lawful orders, whether given orally or in writing; and | | (b) | obey and conform to the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act. |
(2) In particular, a police officer is required —| (a) | to serve wherever he or she is lawfully ordered; and | | (b) | to perform such police duties as may be lawfully ordered. |
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| (3) All powers granted to and duties imposed by any written law on any police officer are to be exercised or performed in accordance with the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act. |
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| Police officer to be armed |
| 22. Every police officer is provided with such arms, ammunition and other accoutrements as may be necessary for the effectual discharge of his or her duties. |
| Police officer to be deemed on duty |
| 23. Every police officer is, for the purposes of this Act, deemed to be always on duty when required to act as such and has to perform the duties and exercise the powers granted to him or her under this Act or any other written law at any time and every place where he or she may be doing duty. |
| Police officer not exempted from ordinary process of law |
24.—(1) Nothing in this Act is deemed to prevent the prosecution, conviction and punishment of any police officer according to the provisions of any other written law for the time being in force in Singapore.| (2) No person who has been acquitted by a court of any offence is to be tried on the same charge under this Act. |
| (3) A sentence upon a police officer is not affected by such person ceasing to be a police officer by discharge or otherwise. |
| (4) No pay accrues to any police officer in respect of any period during which he or she is undergoing any sentence of imprisonment. |
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| Non-liability for act done under authority of warrant |
25.—(1) Where the defence to any suit instituted against a police officer is that the act complained of was done in obedience to a warrant purporting to be issued by any competent authority, the court is, upon production of the warrant containing the signature of such authority and upon proof that the act complained of was done in obedience to such warrant, to enter judgment in favour of such police officer.| (2) No proof of the signature of such authority is required unless the court has reason to doubt the genuineness of the signature. |
| (3) Where it is proved that the signature on a warrant card is not genuine, judgment is nevertheless to be given in favour of such police officer if it is proved that, at the time when the act complained of was committed, the police officer believed on reasonable grounds that the signature was genuine. |
| (4) Where this section provides to a police officer relief from liability, the section also extends to apply to a forensic specialist assisting that police officer in the course of his or her duty as a forensic specialist in accordance with section 65B. [10/2015] |
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26.—(1) Despite any other law in force in Singapore, any police officer may, if the police officer considers it necessary to do so for the maintenance and preservation of law and order or for the prevention or detection of crime —| (a) | erect or place barriers in or across any public road or street or in any public place in such manner as the police officer may think fit; and | | (b) | take all reasonable steps to prevent any vehicle being driven or ridden past, or any person from crossing, any such barrier. |
(2) Where a barrier is erected or placed in or across any public road or street or in any public place pursuant to subsection (1), a police officer may order the driver or rider of any vehicle travelling in the direction of the barrier —| (a) | to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; and | | (b) | to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed. |
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(3) An order under subsection (2) to the driver or rider of any vehicle may be given —| (a) | by spoken word in a manner which is likely to be audible to the driver or rider; | | (b) | by any recognised hand signal in a manner which is likely to be visible to the driver or rider; or | | (c) | by any other prescribed signal which is likely to be audible or visible to the driver or rider. |
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(4) If any notice or sign warning of the presence of a barrier erected or placed in or across any public road or street or in any public place pursuant to subsection (1), is displayed to traffic approaching the barrier, the notice or sign constitutes and is to be treated, for the purposes of this section, as an order under subsection (2) addressed by a police officer to any driver or rider of any vehicle who is travelling in the direction of the barrier and who ought reasonably to have seen the notice or sign to do the following:| (a) | to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; | | (b) | to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed. |
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(5) Any driver or rider of any vehicle commits an offence if —| (a) | he or she is ordered under subsection (2) by a police officer —| (i) | to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; and | | (ii) | to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed; and |
| | (b) | he or she fails —| (i) | to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; or | | (ii) | to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed. |
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(6) Where a barrier is erected or placed in or across any public road or street or in any public place pursuant to subsection (1), a police officer may direct a pedestrian travelling in the direction of the barrier —| (a) | to proceed towards the barrier and stop at or near, or before reaching the barrier; and | | (b) | to remain there until permitted by a police officer to continue. |
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| (7) A person who is a pedestrian travelling on any public road or street or in any public place commits an offence if the person fails to comply with any direction of a police officer to the person under subsection (6). |
(8) A person who is guilty of an offence —| (a) | under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both; or | | (b) | under subsection (7) shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both. |
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| (9) In proceedings against an accused for an offence under subsection (5) or (7), where it is alleged that the accused failed to comply with an order under subsection (2) or a direction under subsection (6) (as the case may be), it is a defence for the accused to prove, on a balance of probabilities, that it was not reasonably practicable to do more than what was in fact done to comply with the order or direction, as the case may be. |
(10) Any police officer may, without warrant, arrest —| (a) | any driver or rider of any vehicle who fails to comply with an order under subsection (2) by a police officer; | | (b) | any pedestrian who fails to comply with a direction under subsection (6) by a police officer; or | | (c) | any driver or rider of any vehicle mentioned in paragraph (a), or any pedestrian mentioned in paragraph (b), who in response to a request by a police officer giving the order or direction —| (i) | refuses to give his or her name and a residential address in Singapore; or | | (ii) | gives a name which the police officer has reason to believe is false or misleading or gives an address other than the full and correct residential address in Singapore of the driver, rider or pedestrian, as the case may be. |
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| (11) No police officer shall be liable for any loss or damage to any vehicle, or for any injury to the driver or rider or any other occupant of the vehicle, as a result of the driver or rider of the vehicle failing to obey any police officer acting under this section. [Act 21 of 2021 wef 01/01/2022] |
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| Application of sections 26B, 26C and 26D in attempted suicide cases |
26A.—(1) Sections 26B, 26C and 26D apply only where a police officer reasonably suspects that a person is about to or has attempted to commit suicide and where the powers under those sections are reasonably necessary for any of the following purposes:| (a) | preventing personal injury, hurt or death to any person; | | (b) | facilitating an inquiry within the meaning of section 2 of the Coroners Act 2010 if death is caused either to the person who attempted suicide or any other person; | | (c) | preserving evidence for the purpose of any subsequent investigations into or proceedings in relation to any suspected arrestable offence which may be disclosed. [15/2019] |
(2) For the purposes of this section and sections 26B, 26C and 26D —| (a) | a reference to a police officer includes a reference to —| (i) | a special police officer; and | | (ii) | a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under section 65B and the lawful directions of the police officer he or she assists; and |
| | (b) | “arrestable offence”, “court”, “financial institution”, “place”, “police station” and “property” have the meanings given by section 2(1) of the Criminal Procedure Code 2010. [15/2019] |
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| Search by police officer for or of person in suicide or attempted suicide cases |
26B.—(1) A police officer may, without a search warrant —| (a) | search or cause a search to be made in any place for a person if the police officer has reason to believe that the search is necessary for any purpose mentioned in section 26A(1); or | | (b) | search a person and place in safe custody all articles other than necessary wearing apparel found upon that person if the police officer has reason to believe that the search is necessary for any purpose mentioned in section 26A(1). [15/2019] |
| (2) The police officer in subsection (1) must, if reasonably practicable, conduct the search in person. [15/2019] |
| (3) The provisions of the Criminal Procedure Code 2010 relating to searches pursuant to search warrants, with the necessary modifications, apply to a search made under this section. [15/2019] |
| (4) Where a police officer executing any search under this section demands entry or access to a place liable to search under this section, the occupier or any person in charge of the place must allow the police officer free entry or access and provide all reasonable facilities for a search in it. [15/2019] |
| (5) If free entry or access to that place cannot be obtained under subsection (4), it is lawful in any case for the police officer or other person executing the search to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place. [15/2019] |
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| Search by police officer for document or thing in suicide or attempted suicide cases |
26C.—(1) A police officer may, without a search warrant, search or cause a search to be made for a document or other thing in any place if —| (a) | the police officer considers the document or thing to be necessary for any purpose mentioned in section 26A(1); | | (b) | the police officer has reason to believe that the document or thing, which the police officer considers to be necessary for any purpose mentioned in section 26A(1), is likely to be removed; or | | (c) | it is not known who possesses the document or thing which the police officer considers to be necessary for any purpose mentioned in section 26A(1). [15/2019] |
| (2) The police officer in subsection (1) must, if reasonably practicable, conduct the search in person. [15/2019] |
| (3) The provisions of the Criminal Procedure Code 2010 relating to searches pursuant to search warrants, with the necessary modifications, apply to a search made under this section. [15/2019] |
| (4) Where a police officer executing any search under this section demands entry or access to a place liable to search under this section, the occupier or any person in charge of the place must allow the police officer free entry or access and provide all reasonable facilities for a search in it. [15/2019] |
| (5) If free entry or access to that place cannot be obtained under subsection (4), it is lawful in any case for the police officer or other person executing the search to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place. [15/2019] |
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| Powers to seize property in suicide or attempted suicide cases |
| 26D.—(1) A police officer may seize, or prohibit the disposal of or dealing in, any property. [15/2019] (2) If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order —| (a) | direct the financial institution to deliver the property to any police officer; or | | (b) | direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order. [15/2019] |
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| (3) A police officer to whom any property has been delivered because of an order under subsection (2)(a) must, as soon as is reasonably practicable, report at a police station his or her receipt of the property. [15/2019] |
| (4) A police officer may exercise the powers conferred under this section despite any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property. [15/2019] |
(5) Where any property held in an account in a financial institution is subject to an order made under subsection (2)(b) —| (a) | any interest or other earnings on such account, or any other payments, may be credited into such account after the date on which the written order was made; and | | (b) | any such interest, other earnings or payments is deemed to be subject to that same written order. [15/2019] |
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| (6) Any financial institution which contravenes an order made under subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. [15/2019] |
(7) A court may —| (a) | subsequent to an order of a police officer made under subsection (2); and | | (b) | on the application of any person who is prevented from dealing with property, |
| order the release of such property or any part of such property. |
[15/2019] |
(8) The court may only order a release of property under subsection (7) if the court is satisfied that —| (a) | such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges; | | (b) | such release is necessary exclusively for —| (i) | the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or | | (ii) | the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in; |
| | (c) | such release is necessary for the payment of any extraordinary expenses; | | (d) | the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy such lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)(b); or | | (e) | such release is necessary, where the person is a company incorporated in Singapore, for any day-to-day operations of the company. [15/2019] |
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| (9) Part 19 (Disposal of property) of the Criminal Procedure Code 2010 applies to the disposal of any property seized under this section with the necessary modifications as if it were property seized in the exercise of any power under that Code. [15/2019] |
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| Forced entry in non-suicide cases |
26E.—(1) If a police officer —| (a) | reasonably suspects that a person in any place requires assistance because of any injury or the person’s poor state of health; | | (b) | is unable to gain entry or access into the place; and | | (c) | is of the view that entry or access into the place is necessary to protect the life, health or safety of the person, |
| it is lawful for the police officer to break open any outer or inner door or window of the place or to use any other reasonable means in order to gain entry or access into the place. |
| (2) However, no power conferred under this section may be exercised in relation to a person whom the police officer reasonably suspects is about to attempt or has attempted to commit suicide. [Act 21 of 2021 wef 01/01/2022] |
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| Employment of police officers for private purposes |
27.—(1) Any person may apply to the Commissioner, in such form and manner as may be prescribed, to employ police officers for —| (a) | the purpose of guarding the applicant or any other person or any property; or | | (b) | any other reason acceptable to the Commissioner. |
(2) The Commissioner may grant an application made under subsection (1) subject to any conditions that the Commissioner thinks fit, including but not limited to the following:| (a) | the applicant must pay for the services of the police officers such amount or at such rate as may be prescribed, and if no such amount or rate is so prescribed, such amount or rate as the Commissioner thinks fit; | | (b) | the number of police officers to be placed at the disposal of the applicant for such service, and the conditions of service. |
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| (3) The Government shall not be liable for any loss or damage to property, whether owned by the applicant or by any other person, consequent on the employment of police officers as provided in this section. |
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| Division 2 — Discipline of police officers |
| Discipline of police officers |
| 28.—(1) A senior police officer may be interdicted, dismissed or otherwise disciplined by or under the authority of the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service. [10/2015] | (2) A police officer below the rank of inspector may be interdicted, dismissed or otherwise disciplined by or under the authority of this Act. |
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29.—(1) A police officer below the rank of inspector may be interdicted from the performance of duty by the Commissioner where —| (a) | the 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 the police officer’s interdiction; | | (b) | the 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 police officer; | | (c) | disciplinary proceedings under this Part that may result in the police officer’s dismissal, reduction in rank or retirement in the public interest are or are to be instituted under this Part; or | | (d) | the Commissioner considers that it is otherwise in the public interest that the police officer should immediately cease to exercise the powers and perform the duties of a police officer. [10/2015] |
| (2) Where a police officer has been interdicted under subsection (1), the Commissioner may order that the whole or such part of the police officer’s emoluments as the Commissioner thinks fit to be withheld during the period of interdiction. [10/2015] |
| (3) If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in the police officer’s dismissal, the Commissioner may order the forfeiture of all or any of the emoluments which the police officer would have enjoyed but for the police officer’s dismissal. [10/2015] |
(4) If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in a disciplinary measure other than dismissal —| (a) | where the police officer’s emoluments (other than increments) have been withheld, the Commissioner may order the forfeiture of the whole or a part of the withheld emoluments or that the withheld emoluments or a part of it be restored; and | | (b) | where the police officer’s increment has been withheld, the Commissioner may order the forfeiture of the whole or a part of the withheld increment or that the withheld increment or a part of it be restored. [10/2015] |
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| (5) If the Commissioner decides that no disciplinary proceedings are to be started under this Part against a police officer who is interdicted under subsection (1), or if any such disciplinary proceedings started against the police officer do not result in any disciplinary measure being imposed on him or her, the police officer is to be entitled to the full amount of the emoluments (including increments) withheld as a result of his or her interdiction. [10/2015] |
| (6) When directing that any withheld increment or part of any withheld increment be restored under subsection (4)(b), the Commissioner must specify the date from which the increment is to be restored. [10/2015] |
| (7) To avoid doubt, nothing in this section affects section 42. [10/2015] |
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| Police officer not to resign when disciplinary proceedings are pending |
30.—(1) Despite any other provision of this Act, a police officer below the rank of inspector must not, without the written permission of the Commissioner, resign from the Police Force during the period —| (a) | when any disciplinary proceedings or any prosecution for a service offence instituted against the police officer is pending; | | (b) | the police officer is interdicted under section 29 from the performance of duty; | | (c) | after notice of intention to prefer disciplinary charges or to prosecute the police officer for a service offence is given to the police officer; or | | (d) | where the police officer has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending. [10/2015] |
| (2) Except with the written permission of the Commissioner, a police officer below the rank of inspector must not, during any period referred to in subsection (1), leave Singapore before disciplinary proceedings against that police officer under this Part are concluded. [10/2015] |
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31.—(1) Every allegation against any police officer below the rank of inspector that he or she has committed a disciplinary offence must be reported in the form of a charge to a disciplinary officer.(2) A disciplinary officer may, when dealing with a charge brought before him or her under subsection (1), dismiss the charge if and only if he or she is satisfied that —| (a) | the charge is groundless and ought not to be proceeded with; or | | (b) | there are special circumstances which justify its dismissal, |
| and the disciplinary officer must record his or her reasons for the dismissal. |
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| (3) A disciplinary officer is not bound by the law of evidence when dealing with a charge brought before him or her under subsection (1) and, subject to the Police Regulations, must act in such manner as seems to him or her most expedient for the disposal of the case before him or her. |
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| Commissioner may refer case to Public Service Commission for determination |
| 32.—(1) Despite section 31, the Commissioner may, if the Commissioner thinks fit, refer any case where disciplinary proceedings for a disciplinary offence are to be taken under this Part against a police officer below the rank of inspector to the Public Service Commission for the case to be dealt with by the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service. [10/2015] (2) Where any case has been referred to the Public Service Commission under subsection (1), the Commission may —| (a) | order that the police officer below the rank of inspector concerned be dismissed; | | (b) | order that the police officer be retired in the public interest from the Police Force; or | | (c) | punish the police officer in accordance with section 40(2), (3), (4) or (5), as the case may be. [10/2015] |
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| (3) Where any case has been referred to the Public Service Commission under subsection (1), any reference in this Act to a disciplinary officer includes a reference to the Public Service Commission. |
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| Power to secure attendance of witnesses |
33.—(1) A police officer who is —| (a) | authorised to conduct an investigation into; or | | (b) | a disciplinary officer authorised to conduct disciplinary proceedings for, |
| any alleged service offence committed by another police officer or a special police officer, may apply to a Magistrate for a summons to secure the attendance before the police officer, as a witness, of any person who appears to be acquainted with the circumstances of the case. |
(2) Subject to subsection (3), a Magistrate may issue a summons accordingly and such witness —| (a) | is bound to attend at the time and place mentioned in the summons; | | (b) | is bound to answer truly all questions relating to such case as may be put to him or her by the police officer mentioned in subsection (1); and | | (c) | must produce all documents relevant to such case. |
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| (3) Nothing in this section is to be construed to compel any person to disclose any matter or produce any document which would have been protected from disclosure or production (as the case may be) on the ground of privilege if the proceedings had been held in any court. |
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| Division 3 — Service offences |
| 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. [10/2015] | (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). |
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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. |
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| 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. [10/2015] (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. |
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| (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). |
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| 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. |
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| 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. |
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| 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. |
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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. [10/2015] |
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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. [10/2015] |
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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). [10/2015] |
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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 a higher amount prescribed in substitution; or [Act 21 of 2021 wef 02/09/2022] | | (b) | the forfeiture of not more than one month of the police officer’s gross monthly salary. [10/2015] |
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| (4A) Any regulations made under section 117 prescribing an amount of fine in substitution of the amount specified in subsection (4) must not apply to or in relation to a disciplinary offence committed before the date the regulations come into force. [Act 21 of 2021 wef 02/09/2022] |
(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. [10/2015] |
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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. [10/2015] |
| (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. [10/2015] |
(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. |
[10/2015] |
| (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. [10/2015] |
(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. [10/2015] |
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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. [10/2015] | (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). [10/2015] |
(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). [10/2015] |
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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. [10/2015] |
| (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). [10/2015] |
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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. [15/2010] |
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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. |
[10/2015] | (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. [10/2015] |
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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. |
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