Page:Police Force Act 2004.pdf/50

50 (4) Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer) not below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that such special police officer be subject to any one of the following punishments:
 * (a) reduction in rank, grade or seniority;
 * (b) forfeiture of up to 14 days’ of allowance;
 * (c) stoppage or deferment of increment;
 * (d) reprimand.

(5) A reprimand shall not be awarded against a special police officer of the rank of constable, and a caution shall not be awarded against a special police officer above the rank of corporal.

(6) A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (3) or (4), order the special police officer concerned to pay—
 * (a) in the case of a special police officer below the rank of assistant superintendent, a fine not exceeding $200; or
 * (b) in the case of a special police officer not below the rank of assistant superintendent, a fine not exceeding $400.

(7) A special police officer may appeal against any finding or punishment under this section to either the Commissioner or Deputy Commissioner within 30 days from the date of such finding or punishment.

(8) In every case where an appeal has been lodged under subsection (7) against any punishment awarded, the punishment shall be suspended pending the determination of the appeal.

(9) The decision of the Commissioner or Deputy Commissioner, as the case may be, on an appeal under subsection (7) shall be final.

(10) A sentence of detention imposed as a punishment under subsection (3)(a) shall take effect from the date on which it was passed, unless the disciplinary officer passing the sentence otherwise directs.