On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 02/01/2011.
34.
—(1) Any 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 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).
[Police Force 1985 Ed., s. 25 (1) and (2)]
35. Any person who —
(a)
being aware of the desertion or intended desertion of a police officer, does not without reasonable excuse inform his superior officer immediately; or
(b)
fails to take any steps in his power to cause the apprehension of a police officer whom he 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.
36.
—(1) Any 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 pay due to him shall be forfeited.
(2) Any police officer 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).
37. Any 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.
[Police Force 1985 Ed., s. 31]
38.
—(1) Any person who, with intent to commit any service offence, by act or omission behaves in a manner that is, or that he believes to be, a substantial step towards the commission of the service offence shall be deemed, for the purpose of this section, to have attempted to commit the service offence.
(2) Any 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) Any 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 shall be taken into consideration in mitigation of any punishment to be imposed in respect of the attempt.
39. Any 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.
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 compulsory retirement from the Police Force;
(b)
reduction in rank, grade or seniority;
(c)
deferment or stoppage of increment;
(d)
stoppage of leave;
(e)
restriction of privileges;
(f)
extra duty;
(g)
reprimand;
(h)
caution.
(3) Subject to subsections (4) and (5), where a disciplinary officer, being an officer authorised by a commanding officer to conduct disciplinary proceedings, finds any police officer below the rank of inspector guilty of any disciplinary offence, the disciplinary officer may impose on the police officer concerned any one of the punishments specified in subsection (2)(b) to (h).
(4) A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (2), order —
(a)
the police officer concerned to pay a fine not exceeding $200; or
(b)
the forfeiture of not more than one month of the police officer’s salary.
(5) In addition to any punishment specified in subsection (2), a disciplinary officer may make the following orders where he 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 salary in respect of the period of absence or such lesser period as the commanding officer may consider fit; or
(b)
in the case of the disciplinary offence of wilful destruction or negligent loss of or injury 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.
(6) A police officer below the rank of inspector may appeal against any finding or punishment under this section to the Commissioner within 30 days from the date of such finding or punishment.
(7) In every case where an appeal has been made under subsection (6) against any punishment awarded, the punishment shall be suspended pending the determination of the appeal.
(8) The decision of the Commissioner on an appeal under subsection (6) shall be final.
(9) Where a police officer below the rank of inspector is ordered to be retired under subsection (2), his service shall, for the purposes of the Pensions Act (Cap. 225) or the Home Affairs Uniformed Services Superannuation Act (Cap. 126B), be deemed to have been terminated or retired in the public interest.
(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 his pay;
(b)
shall be recoverable as a debt due to the Government from that police officer; and
(c)
shall be payable to the Police Fund established under Part X.
[Police Force 1985 Ed., ss. 27 and 34]
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 referred to 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.
[Police Force 1985 Ed., s. 30]
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 from the Police Force by the Commissioner.
(2) Where a police officer is dismissed following any conviction referred to in subsection (1), the Commissioner or a commanding officer may order the forfeiture of any arrears of pay due to him.
[Police Force 1985 Ed., s. 32]