Page:Police Force Act 2004.pdf/22

22 Interdiction

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 officer not to resign when disciplinary proceedings are pending

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 * (c) where he has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.