On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 31/01/2006.
29.
—(1) A police officer below the rank of inspector 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 dismissal or reduction in rank, are contemplated against the police officer.
(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 salary to be withheld during the period of interdiction.
(3) If the disciplinary proceedings under this Act against a police officer who is interdicted under subsection (1) do not result in his dismissal, the police officer shall be entitled to receive —
(a)
such proportion of the salary or the part thereof withheld during the period of interdiction as the Commissioner may determine, if the 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 police officer is acquitted.
[Police Force 1985 Ed., s. 11]
30. Notwithstanding any other provision of this Act, no police officer below the rank of inspector shall, 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 him is pending;
(b)
after notice of intention to prefer disciplinary charges or to prosecute him for a service offence is given to the 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where he has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.
[Police Force 1985 Ed., s. 35]
31.
—(1) Every allegation against any police officer below the rank of inspector that he has committed a disciplinary offence shall 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 under subsection (1), dismiss the charge if and only if he 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 shall record his reasons for the dismissal.
(3) A disciplinary officer shall not be bound by the law of evidence when dealing with a charge brought before him under subsection (1) and, subject to the Police Regulations, shall act in such manner as seems to him most expedient for the disposal of the case before him.
32.
—(1) Notwithstanding section 31, the Commissioner may, if he 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 in the public service.
(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 he be retired from the Police Force; or
(c)
(3) Where any case has been referred to the Public Service Commission under subsection (1), any reference in this Act to a disciplinary officer shall include a reference to the Public Service Commission.
[Police Force 1985 Ed., s. 29]
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 shall —
(a)
be bound to attend at the time and place mentioned in the summons;
(b)
be bound to answer truly all questions relating to such case as may be put to him by the police officer referred to in subsection (1); and
(c)
produce all documents relevant to such case.
(3) Nothing in this section 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.
[Police Force 1985 Ed., s. 53]