Public Service Commission (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions

Constitution of the Republic of Singapore

(Article 116(3))

Dir 2

G.N. No. S 254/1998

REVISED EDITION 1999

(1st July 1999)

[30th April 1998]

Citation

1. These Directions may be cited as the Public Service Commission (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions.

Definitions

2. In these Directions, unless the context otherwise requires —

“Commission” means the Public Service Commission;

[Deleted by S 688/2017 wef 01/12/2017]

“Commissioner” means the Commissioner of Prisons appointed under section 20 of the Prisons Act (Cap. 247);

[S 688/2017 wef 01/12/2017]

“inmate” has the same meaning as in the Misuse of Drugs Act (Cap. 185);

[S 688/2017 wef 01/12/2017]

“prison officer” means an officer of any grade in the rank of Chief Warder and below serving in the Prisons Department, whether such officer is holding a permanent, temporary or contract appointment;

[S 688/2017 wef 01/12/2017]

“prisoner” has the same meaning as in the Prisons Act;

[S 688/2017 wef 01/12/2017]

“Superintendent” means a Superintendent of Prisons appointed under section 20 of the Prisons Act (Cap. 247).

[S 688/2017 wef 01/12/2017]

Delegation to Commissioner

3.—(1) The functions of the Commission relating to disciplinary control of prison officers may be exercised by the Commissioner acting in accordance with and subject to these Directions.

[S 688/2017 wef 01/12/2017]

(2) The Commission may, in its discretion, exercise such functions as are delegated to the Commissioner under paragraph (1) notwithstanding such delegation.

[S 688/2017 wef 01/12/2017]

Procedure when complaint is lodged

4. When a complaint is lodged against a prison officer alleging the commission by him of any of the offences referred to in the Schedule, the following procedure shall be adopted:

(a)	the complaint shall be communicated in writing to the prison officer who may be required to submit a written explanation within 24 hours or such further time as the Commissioner may allow; and [S 688/2017 wef 01/12/2017]
(b)	where the Commissioner is of the opinion that the complaint requires further investigation, he shall appoint a public officer of substantive grade equivalent to MX13 and above to conduct an investigation. [S 688/2017 wef 01/12/2017]

Penalties

5.—(1) The Commissioner may upon a consideration of the written explanation of the officer or the results of such investigation, if any, if he is of the opinion that the prison officer has committed an offence, impose one of the following penalties:

(a)	a reprimand;
(b)	stoppage of increment of up to 2 years; or
(c)	a fine not exceeding an amount equal to the total annual increments the officer would, if not for this direction, receive in a period of 2 years, except that in the case of an officer who has attained or will, within 2 years, attain the maximum of his current salary range, the last annual increment provided in that officer’s salary range shall be reckoned to determine the maximum amount of fine. [S 498/2003 wef 01/11/2003] [S 688/2017 wef 01/12/2017]

[S 688/2017 wef 01/12/2017]

(2) The Commissioner may, either in addition to or in lieu of the above penalties, issue the prison officer with a written warning.

[S 688/2017 wef 01/12/2017]

Variation by Commission

6.—(1) Notwithstanding direction 5, the Commission may, within 2 months of the imposition of a penalty by the Commissioner, vary such penalty by way of enhancement, reduction, substitution or otherwise.

[S 498/2003 wef 01/11/2003]

[S 688/2017 wef 01/12/2017]

(2) Where the Commission varies such penalty under paragraph (1) which would result in an enhancement thereof, no imposition of the enhanced penalty shall be made on any prison officer unless he has been given a reasonable opportunity of being heard.

Report by Commissioner

7. The Commissioner shall, in every case where he has imposed a penalty on a prison officer under these Directions, submit within 7 days of the imposition of such a penalty a report to the Commission containing a summary of the facts of the case and the penalty imposed.

[S 688/2017 wef 01/12/2017]

Recommendation for more severe penalty

8. Where the Commissioner considers that a more severe penalty than is otherwise provided for under these Directions should be imposed, he shall submit a recommendation to the Commission, forwarding with it a report containing a summary of the facts of the case.

[S 688/2017 wef 01/12/2017]

Saving

9. Nothing in these Directions shall be deemed to prevent the prosecution of a prison officer in accordance with the provisions of any written law for the time being in force or to prevent any disciplinary action being taken against him under any other disciplinary regulations as may be in force except that such prison officer shall not be punished twice in respect of the same disciplinary offence.

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