Offences against discipline

(1) A non-commissioned officer or constable who engages in an act under sub-section (2) commits a minor offence against discipline and is liable on conviction by the Commissioner or in his absence a suitably qualified person or officer of the Department delegated by the Commissioner, to– (a) a caution; (b) a reprimand; (c) a fine not exceeding one hundred and fifty dollars which shall be deducted from his pay in two instalments, if the fine imposed is of or above one hundred dollars; or (d) extra duties for a period not exceeding ten days. (2) For the purposes of this Act, each of the following is an act referred to in sub-section (1) as constituting a minor offence against discipline, namely– (a) being absent from duty without leave or without reasonable cause, for a period not exceeding two consecutive days, or being late for court or any other duty; (b) being found sleeping on duty or post or other place of duty to which the officer has been assigned before he is relieved or without due permission or sufficient cause; (c) while on or off duty in uniform in a public place, being improperly dressed or dirty or Police Act 17 untidy in his uniform or (d) wilfully making false statements, entries or returns pertaining to the activities of the (e) being slovenly, inattentive or uncivil when on duty; (f) malingering or wilfully causing a disease or infirmity; (g) without reasonable cause, arriving late or failing to attend at any parade appointed by his (h) entering or remaining in a public or private house without reasonable cause whilst on duty; (i) incurring debt any reasonable prospect or intention of paying the debt, or having incurred any debt, making no reasonable effort to pay the debt; (j) suffering serious pecuniary embarrassment; (k) failing to provide a full and true statement of financial position when called on by the Commissioner to do so; (l) failing to complete a case file for a summary offence within a period specified by practice direction; (m) being guilty of an act, conduct, disorder or neglect which by regulations made under this Act is an offence against duty or discipline; 18 Police Act (n) being guilty of an act, conduct, disorder or neglect to the prejudice of good order and discipline, not specified in this sub-section; (o) breaching a Department standing order. (3) A non-commissioned officer or constable who engages in an act under sub-section (4) commits a major offence against discipline and is liable on conviction by the Commissioner or in his absence a suitably qualified person or officer of the Department delegated by the Commissioner, to– (a) a fine of not less than two hundred dollars but not exceeding three hundred dollars to be deducted from his pay in two instalments only; (b) extra duties for a period more than ten days but not exceeding twenty-eight days; (c) stoppage of increments; (d) a surcharge for damage to property or award of compensation in favour of the injured party; (e) a reduction of rank or grade; (f) (4) For the purposes of this Act, each of the following is an act referred to in sub-section (3) as constituting a major offence against discipline, namely– (a) beginning, exciting, causing or joining in any mutiny or sedition among members of the Department, or conspiring with a person to cause such mutiny or sedition, or failing to use utmost endeavours to suppress such mutiny or sedition, or being cognizant of any such mutiny or sedition, fails to give information of Police Act 19 any mutiny or sedition to the superior officer of the noncommissioned officer or constable; (b) persuading or attempting to persuade, procuring or attempting to procure, or assisting a police officer to desert, or being cognizant of any such desertion or intended desertion failing to give information of any desertion or intended desertion to the superior officer of the noncommissioned officer or (c) using traitorous or disloyal words regarding Her Majesty; (d) using obscene, abusive, threatening or insulting language or behaviour towards a magistrate or superior officer; (e) absenting oneself from duty without leave or without reasonable cause for a period of more than two consecutive days but not exceeding five consecutive days; (f) failing to complete any indictable case file within the period specified by practice directions and the failure results in dismissal of the case at bar; (g) drinking intoxicating liquor on duty; (h) being intoxicated on or when called for duty, or frequenting liquor shops when on duty; (i) failing to provide a blood or urine sample for testing when directed to do so by an officer above the rank of the non-commissioned officer or constable on reasonable suspicion of 20 Police Act being under the influence of drinks or drugs while on duty; (j) failing to provide a specimen for testing on request by the Commissioner or a superior officer delegated by the Commissioner on reasonable suspicion of using illicit drugs; (k) striking or assaulting a member of the (l) permitting a prisoner to escape or failing to take prompt steps for the arrest of an offender; (m) accepting or soliciting a bribe or gratuity; (n) engaging without authority in any other employment or office; (o) making a false accusation against any member of the public or of the Department knowing such accusation to be false; (p) making a false or misleading statement on (q) carrying, keeping, using, or discharging a firearm, ammunition or other weapon without the authority of the Commissioner or without just cause, or being negligent in the use of firearms or other weapons; (r) pawning, selling, neglectfully losing, making away with, wilfully or negligently damaging, or failing to report damage to a firearm, ammunition, accoutrement, uniform or other article supplied to a noncommissioned officer or constable, or any property committed to his charge; Police Act 21 (s) mutilating a book or document, that is to say,– (i) knowingly making or being privy or party to the making of a false entry, or with intent to mislead, making an alteration or erasure in a book of complaint, station diary, record, book or other document kept in the normal course of official duty; or (ii) wilfully mutilating or destroying a book of complaint, station diary, record, book, return or other document kept in the normal course of duty; (t) giving notice, directly or indirectly, to a person against whom a warrant or summons has been or is about to be issued, except in the lawful execution of such warrant or service of such summons; (u) without the knowledge and permission of the Commissioner, accepting directly or indirectly any gratuity, present or reward in respect of anything done in the discharge of duties; (v) being found intoxicated and in possession of a firearm while on or off duty; (w) being found intoxicated in uniform whether or not on or off duty; (x) being neglectful in carrying out a duty, an enquiry or investigation or failing to take action in a case where an offence has been committed or where an offence has been witnessed; 22 Police Act (y) while under arrest or in confinement leaving or escaping from arrest or confinement before being set free by proper authority; (z) engaging in conduct which is determined by the Commissioner to be of a major consequence; (aa) without proper authority, disclosing or conveying information concerning an investigation or other police or departmental matter; (bb) without reasonable excuse wilfully disobeying or refusing, failing or neglecting to obey a lawful command. (5) A non-commissioned officer or constable who is convicted of any of the minor offences specified in sub-section (2)(a), (b), (g), (l) and (n) on a third occasion within his incremental period, shall be punished under sub-section (3) as though the offences committed are major offences against (6) A police officer who absents himself from duty without leave or reasonable cause for a period of or exceeding five consecutive days shall, unless the contrary is proved, be considered to have abandoned his post and shall be liable to summary dismissal. (7) Every delegation under this section shall be in writing under the hand of the Commissioner and shall be revocable as the Commissioner thinks fit. (8) A superior officer or a person delegated by the Commissioner whom the Commissioner determines to be suitably qualified for the purpose, shall, subject to sub-section (9), hear and determine offences against discipline committed by a non-commissioned officer or constable. Police Act 23 (9) A sentence proposed to be imposed by any superior officer or other person delegated by the Commissioner, shall be notified to the Commissioner by the office or person, and be subject to the approval of the Commissioner, who may confirm or remit the whole or any part thereof, or may enhance it, or may substitute any other sentence which is authorized to be imposed under this section. (10) Where an officer convicted of an offence against discipline is dissatisfied with a decision given by a superior officer other than the Commissioner or by a person delegated for that purpose, the convicted officer may appeal to the Commissioner within seven days after the decision has been communicated to him: (10A) Notwithstanding sub-section (10), no appeal shall lie where the punishment is only a caution or reprimand, or against findings of guilt in cases where the officer has admitted the charge. (11) A sentence confirmed by the Commissioner, under appeal, other than a sentence of dismissal or reduction in rank, is not eligible for further appeal under this section. (12) It shall be the duty of the officer submitting to the Commissioner a sentence under sub-section (9), to attach to his case report the evidence, which shall be taken on oath, and also any statement which the accused may desire to make in his defence but in every case where the sentence awarded by the officer is a sentence of dismissal or reduction in rank or grade, the Commissioner shall confirm or reverse the decision. (13) The Commissioner or any other person deputed by him shall, while conducting disciplinary proceedings under this section, follow any regulations made by the Minister in that behalf under section 53 and, in the absence of such regulations, comply with the rules of natural justice. 24 Police Act