On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 11/10/2004.
PART IV
DISCIPLINE AND PUNISHMENT
19.
—(1) Every complaint against any auxiliary police officer in any Auxiliary Police Force shall —
(a)
be made in writing; and
(b)
be signed by the person making the complaint.
(2) Upon receipt of such a complaint, the complaint shall be forwarded to the employer of the Auxiliary Police Force for investigation.
(3) For the purposes of ascertaining whether a disciplinary offence is disclosed, the employer referred to in paragraph (2) ––
(a)
may appoint an auxiliary police officer to conduct investigations into the complaint (referred to in these Regulations as the investigating auxiliary police officer); or
(b)
shall, if directed by the Commissioner, immediately refer the complaint to be investigated instead by a police officer appointed by the Commissioner (referred to in these Regulations as the investigating police officer).
(4) If, as a result of an investigation, a disciplinary offence is disclosed against an auxiliary police officer in an Auxiliary Police Force then ––
(a)
unless the case is earlier referred for prosecution under paragraph (b) or (c) and a prosecution ensues thereafter, the auxiliary police officer may be charged by the investigating auxiliary police officer or by the investigating police officer who conducted the investigation, as the case may be, and he shall be required to attend a disciplinary inquiry under these Regulations;
(b)
the auxiliary police officer may be referred by the employer or Commander of that Force to the Commissioner for prosecution under section 95(1) of the Act; or
(c)
the auxiliary police officer may be prosecuted under section 95(1) of the Act following an investigation by an investigating police officer.
20.
—(1) Every charge shall describe the offence in the terms of regulation 21(1) in such manner as to identify the act or omission complained of.
(2) Subject to paragraph (3), where there are 2 or more distinct offences, a separate charge shall be framed in respect of each offence and a separate finding shall be made on each charge.
(3) Where more than one offence is committed in the course of the same transaction, only one charge shall be framed in respect of the most serious offence disclosed.
(4) More than one auxiliary police officer may be dealt with together for the same or different offences if committed in the course of the same transaction.
(5) The charge may be amended or altered at any time before the finding, but the auxiliary police officer concerned shall be informed of the amended or altered charge and shall be given full opportunity to cross-examine or give or call evidence to meet such new charge.
(6) An auxiliary police officer charged with an offence may be punished for having attempted to commit, or having abetted the commission of such offence.
21.
—(1) The following are disciplinary offences:
(a)
absence from duty without leave or good cause;
(b)
sleeping on duty;
(c)
conduct to the prejudice of good order and discipline;
(d)
cowardice in the performance of duty;
(e)
disobedience of these Regulations, the Auxiliary Police Force Directives, the Auxiliary Police Standing Orders or any orders of a superior officer whether written or verbal;
(f)
being unfit for duty through intoxication;
(g)
insubordination;
(h)
neglect of duty or orders;
(i)
malingering;
(j)
making in the course of his duty a statement which is false in a material particular;
(k)
excess of duty resulting in loss or injury to any other person;
(l)
any act of plunder or wanton destruction of property;
(m)
engaging in any trade or other employment without the permission of the Commissioner.
(2) If an employer of an Auxiliary Police Force is satisfied that an auxiliary police officer in that Force is guilty of any of the disciplinary offences in paragraph (1), the employer, after considering the recommendations of the disciplinary officer under regulation 22 in respect of the appropriate punishment for that auxiliary police officer, may dismiss the auxiliary police officer or impose one or more of the following punishments on him:
(a)
reduction in rank, grade or seniority;
(b)
deferment or stoppage of increment;
(c)
reprimand;
(d)
caution;
(e)
extra duty;
(f)
restriction of leave or privileges or both;
(g)
a financial penalty not exceeding $200 or forfeiture of not more than one month’s pay, except in the case of absence without leave or good cause;
(h)
in the case of absence without leave or good cause, in addition to any other punishment, forfeit his pay in respect of the period of absence or such lesser period as the employer may think fit.
22.
—(1) Every disciplinary inquiry under these Regulations shall be conducted by a disciplinary officer of equal or higher rank than the auxiliary police officer charged.
(2) A disciplinary officer shall be ––
(a)
an auxiliary police officer authorised by the Commander of the Auxiliary Police Force to conduct disciplinary proceedings, where the investigation was conducted by an investigating auxiliary police officer; or
(b)
a police officer authorised by the commanding officer for Auxiliary Police Forces to conduct disciplinary proceedings, where the investigation was conducted by an investigating police officer.
(3) The charge shall be read out and, if necessary, explained to the auxiliary police officer charged and he shall then be called upon to plead to the charge.
(4) If the auxiliary police officer concerned pleads guilty —
(a)
the disciplinary officer shall record briefly the facts in support of the charge and shall explain them to the auxiliary police officer;
(b)
the auxiliary police officer concerned shall then be invited to make any statement he wishes in extenuation of the offence, and such statement shall be recorded, or if he has nothing to say, such fact shall be recorded; and
(c)
the disciplinary officer may then accept the plea, record a finding of guilt and recommend to the employer the appropriate punishment under regulation 21(2) in respect of the offence.
(5) If the auxiliary police officer concerned does not plead guilty or refuses to plead ––
(a)
the disciplinary officer shall examine the witnesses in support of the charge and their evidence shall be recorded;
(b)
the auxiliary police officer concerned shall be invited to cross-examine the witnesses and examine any documentary evidence;
(c)
a witness may be re-examined on matters arising out of any cross-examination;
(d)
if, after hearing the witnesses in support of the charge, the disciplinary officer finds that no case has been made out against the auxiliary police officer concerned, he shall dismiss the case, but otherwise he shall call on the auxiliary police officer concerned for his defence;
(e)
if called on for his defence ––
(i)
the auxiliary police officer concerned may give evidence or submit a written statement, and may call witnesses, or he may remain silent;
(ii)
if the auxiliary police officer concerned gives evidence, he may be cross-examined, but not as to character or offences not charged, and he may make any explanatory statement on any point arising out of his cross-examination; and
(iii)
his witnesses may be cross-examined, including cross-examination as to credibility, and he may re-examine them;
(f)
the disciplinary officer shall, on the evidence, record a finding of guilty or not guilty; and
(g)
if the disciplinary officer finds the auxiliary police officer concerned guilty ––
(i)
the auxiliary police officer concerned shall be invited to make any statement he wishes in extenuation of the offence;
(ii)
such statement shall be recorded, or if he has nothing to say, such fact shall be recorded; and
(iii)
the procedure set out in paragraph (4)(c) shall then be applied in respect of the recommendation for punishment.
(6) For the purposes of paragraph (5)(a), when the evidence of a witness has been previously recorded in writing by a police officer or an auxiliary police officer acting in the course of duty, it shall be sufficient if the disciplinary officer reads over the record of such evidence to the witness who shall be required to confirm or, if he so desires, to add to or retract from such evidence.
(7) All evidence, including the reading over of any record of evidence under paragraph (6), shall ––
(a)
be given in the presence of the auxiliary police officer concerned and shall, if in a language not understood by him, be interpreted to him; and
(b)
be recorded in writing and shall be completed by the following endorsement:
Read over to the witness and stated by him/her to be correct.
*[Interpreted to the officer concerned by...................... in the........................language.]
*If applicable.
Signature ............................................ Disciplinary officer.”.
(8) The disciplinary officer shall at all times satisfy himself that the auxiliary police officer concerned understands the nature and effect of the proceedings and has a proper opportunity to defend himself.
(9) The disciplinary officer may for sufficient reason adjourn any disciplinary inquiry from time to time.
23.
—(1) An investigating auxiliary police officer, an investigating police officer or a disciplinary officer may apply to a Magistrate for a summons to secure the attendance before such officer, as a witness, of any person who appears to be acquainted with the circumstances of the case.
(2) The Magistrate may issue a summons accordingly and such witness shall be bound to attend at the time and place mentioned in the summons and, subject to paragraph (3), shall be bound to answer truly all questions relating to such case as may be put to him by such officer, and shall produce all documents relevant to such case.
(3) Nothing in this regulation shall 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.
24.
—(1) In any case where the Commander of an Auxiliary Police Force has been informed ––
(a)
by the Commissioner that criminal proceedings will be or have been instituted against an auxiliary police officer in that Force for any offence; or
(b)
by the employer of that Force that disciplinary proceedings are being contemplated against an auxiliary police officer in that Force,
the Commander may suspend the auxiliary police officer concerned pending any enquiry into his conduct under these Regulations, if the Commander thinks it necessary in the public interest that the auxiliary police officer should immediately cease to exercise the powers and functions of an auxiliary police officer.
(2) Notwithstanding paragraph (1), in any case where the investigation against an auxiliary police officer is carried out by an investigating police officer, the commanding officer for Auxiliary Police Forces may direct the Commander to suspend that auxiliary police officer pending any enquiry into his conduct under these Regulations.
25. The Commissioner may, on appeal under section 95(5) of the Act by an auxiliary police officer against any finding or disciplinary punishment or both under these Regulations ––
(a)
confirm, vary or reverse the decision of the disciplinary officer or order a re-hearing of the disciplinary proceedings; and
(b)
confirm the punishment, or if he is of the view that the punishment is inadequate or excessive, substitute the punishment with any other punishment authorised under these Regulations.