Page:Police Force Act 2004.pdf/24

24 Power to secure attendance of witnesses

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. Division 3—Service offences Desertion

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.