On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 31/01/2006.
PART VIII
SPECIAL CONSTABULARY
66.
—(1) As from 12th October 2004, the Special Constabulary constituted under the repealed Act shall continue and be deemed to be constituted under this Act.
(2) The Special Constabulary shall consist 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 enrolled under section 68 as members of the Special Constabulary,
as the Minister may decide.
(3) The Special Constabulary shall consist of such ranks as are from time to time organised by or under the authority of the Minister.
[Police Force 1985 Ed., s. 59]
67.
—(1) Each of the special police officers specified in subsection (2) shall —
(a)
have all the duties of police officers under this Act;
(b)
have all the powers of investigation conferred on police officers in relation to the investigation of offences under any written law; and
(c)
be entitled to such protection and privilege under section 25,
as if he were a police officer of corresponding rank.
(2) A special police officer shall have the powers and duties and be 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 (Cap. 93), and while called out for mobilised service under sections 16 and 17 of that Act; and
(c)
in the case of a volunteer 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.
(3) Without prejudice to subsections (1) and (2), every special police officer when mobilised for active service under section 73 shall have the same powers and duties and the same protection and immunities as a police officer of corresponding rank.
[Police Force 1985 Ed., ss. 65 (2) and 67]
68.
—(1) Subject to subsection (2), the Commissioner may enrol in the Special Constabulary any volunteer offering his service and desiring to serve as a member of the Special Constabulary.
(2) No volunteer who is not a citizen of Singapore shall be enrolled under subsection (1) without the approval of the Minister.
(3) A special police officer who is a volunteer may be paid such allowances as the Minister may from time to time authorise.
[Police Force 1985 Ed., ss. 60 and 66]
69.
—(1) A special police officer not below the rank of assistant superintendent shall be appointed and promoted and may be reduced in rank or grade or dismissed or discharged by the Minister.
(2) A special police officer of or below the rank of inspector shall be appointed and promoted and may be reduced in rank or grade or dismissed or discharged by the Commissioner or the Deputy Commissioner.
(3) No person who has been called up for national service in the Special Constabulary shall be dismissed or discharged under subsection (1) or (2) except with the prior approval of the proper authority appointed under the Enlistment Act (Cap. 93).
[Police Force 1985 Ed., s. 61]
70.
—(1) Every person enrolled under section 68 shall 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) Any 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 shall not apply to national servicemen or operationally ready national servicemen.
71. A warrant card shall be issued to every special police officer and shall be evidence of his appointment under this Act.
[Police Force 1985 Ed., s. 62]
72.
—(1) The Commissioner may discharge any special police officer of or below the rank of inspector if, in the opinion of the Commissioner, it is desirable in the public interest to do so.
(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 he has completed the period of full-time service prescribed by the Enlistment Act; and
(b)
from operationally ready national service in the Special Constabulary when —
(i)
the proper authority notifies him that he has been transferred from the Special Constabulary to another force specified by the proper authority;
(ii)
the proper authority notifies him that he is released from the Special Constabulary; or
(iii)
he ceases to be a person subject to the Enlistment Act (Cap. 93).
(3) Any volunteer shall be entitled, except when mobilised under section 73, to be discharged from the Special Constabulary on —
(a)
giving to the Commissioner 14 days’ notice in writing of his intention to resign from the Special Constabulary; and
(b)
delivering in good order (fair wear and tear only excepted) all property belonging to the Government issued to him.
(4) Nothing in this section shall be deemed to affect or prejudice any power of dismissal from the Special Constabulary conferred by or under this Act.
[Police Force 1985 Ed., s. 64]
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 shall 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 shall be bound to assemble at such place and perform such service as the Commissioner or the Deputy Commissioner directs.
[Police Force 1985 Ed., s. 65]
74.
—(1) Any special police officer mobilised for active service who without reasonable excuse, the proof whereof shall lie on him, 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 believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).
[Police Force 1985 Ed., s. 68]
75.
—(1) Any special police officer referred to in section 66(2)(a) or (b) 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.
(2) A special police officer referred to in section 66(2)(a) or (b) 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 expiration 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.
(3) It shall be 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 he believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).
[Police Force 1985 Ed., s. 69]
76.
—(1) Any special police officer referred to in section 66(2)(a) or (b) 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 pay due to him shall be forfeited.
(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 he believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).
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 referred to 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 previous sanction in writing of the Public Prosecutor.
78.
—(1) Where a special police officer below the rank of assistant 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 is a volunteer.
(2) Where a special police officer not below the rank of assistant 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 is a volunteer.
(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 allowances due to the special police officer.
79.
—(1) A special police officer may be interdicted or suspended from the performance of duty by the Commissioner where —
(a)
the Commissioner considers that the public interest requires that the police officer concerned cease to exercise the powers or perform the duties of a police officer; and
(b)
any criminal proceedings, or any disciplinary proceedings under this Part that may lead to his dismissal, discharge or reduction in rank, are contemplated against the special police officer.
(2) Where a special police officer has been interdicted under subsection (1), the Commissioner may order that the whole or such part of the special police officer’s allowance be withheld during the period of interdiction.
(3) If the disciplinary proceedings under this Act against a special police officer who is interdicted under subsection (1) do not result in his dismissal or discharge, the special police officer shall be entitled to receive —
(a)
such proportion of the allowance or the part thereof withheld during the period of interdiction as the Commissioner may determine, if the special police officer is reduced in rank or otherwise disciplined; or
(b)
the full amount of the salary or the part thereof withheld during the period of interdiction, if the special police officer is acquitted.
80. Notwithstanding any other provision of this Act, no special police officer shall, 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 him is pending;
(b)
after notice of intention to prefer disciplinary charges or to prosecute him for an offence under this Part is given to the special police officer; or
(c)
where he has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.
81.
—(1) A special police officer who is a volunteer 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.
(2) A special police officer who is a volunteer 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.
(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 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)
reduction in rank, grade or seniority;
(c)
forfeiture of up to 8 hours’ allowance;
(d)
reprimand;
(e)
caution.
(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 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 up to 8 hours’ allowance;
(d)
reprimand.
(5) A reprimand shall not be awarded against a special police officer of the rank of constable, and a caution shall 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 assistant superintendent, a fine not exceeding $200; or
(b)
in the case of a special police officer not below the rank of assistant superintendent, a fine not exceeding $400.
(7) A special police officer may appeal against any finding or punishment under this section to either the Commissioner or Deputy Commissioner within 30 days from the date of such finding or punishment.
(8) In every case where an appeal has been lodged under subsection (7) against any punishment awarded, the punishment shall be suspended pending the determination of the appeal.
(9) The decision of the Commissioner or Deputy Commissioner, as the case may be, on an appeal under subsection (7) shall be final.
82.
—(1) A special police officer (other than a volunteer) 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.
(2) A special police officer (other than a volunteer) 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.
(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) 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’ allowance;
(d)
reprimand;
(e)
stoppage of leave;
(f)
restriction of privileges;
(g)
extra duty;
(h)
caution.
(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) 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’ allowance;
(c)
stoppage or deferment of increment;
(d)
reprimand.
(5) A reprimand shall not be awarded against a special police officer of the rank of constable, and a caution shall 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 assistant superintendent, a fine not exceeding $200; or
(b)
in the case of a special police officer not below the rank of assistant superintendent, a fine not exceeding $400.
(7) A special police officer may appeal against any finding or punishment under this section to either the Commissioner or Deputy Commissioner within 30 days from the date of such finding or punishment.
(8) In every case where an appeal has been lodged under subsection (7) against any punishment awarded, the punishment shall be suspended pending the determination of the appeal.
(9) The decision of the Commissioner or Deputy Commissioner, as the case may be, on an appeal under subsection (7) shall be final.
(10) A sentence of detention imposed as a punishment under subsection (3)(a) shall take effect from the date on which it was passed, unless the disciplinary officer passing the sentence otherwise directs.
(11) Any person sentenced to detention under this Act shall, unless otherwise provided for in the Special Constabulary Regulations, serve his sentence in a detention barrack.
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 —
(a)
he 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)
he 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.
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 notwithstanding his discharge, he shall 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.
(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 shall 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 shall —
(a)
where the person was a national serviceman or an operationally ready national serviceman, 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 (Cap. 93); and
(b)
where the person remains liable to render operationally ready national service under the Enlistment Act, 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.
85.
—(1) The Minister may make regulations necessary or expedient for the carrying out of the purposes of this Part.
(2) Without prejudice to the generality of 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 him;
(g)
salaries and allowances;
(h)
awards in respect of death and personal injuries;
(i)
duties and responsibilities of members called up for national service with the Special Constabulary;
(j)
any other matter which by this Part is required or permitted to be prescribed.
(3) All Special Constabulary Regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
[Police Force 1985 Ed., s. 70]