Page:Police Force Act 2004.pdf/28

28 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.

Prosecutions for disciplinary offences

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.