POLICE (DISCIPLINE) REGULATIONS

POLICE (DISCIPLINE) REGULATIONS

1982 Ed Police (Discipline) Regulations [CAP. 232 A 1
[Subsidiary]
POLICE (DISCIPLINE) REGULATIONS
ARRANGEMENT OF REGULATIONS

Regulation......................................... Page
PART 1

PRELIMINARY

1........Citation ............................ ... ... ... ... ... ... ... ... ... A 3
2. Interpretation.................. ... ... ... ... ... ... ... ... ... ... A3
3. Disciplinary offences .................. ... ... ... ... ... ... ... ... A 3

PART IA

JUNIOR POLICE OFFICERS AND INSPECTORS-MINOR OFFENCES

3A..............Interpretation in this Part ... ... ... ... ... ... ... ... ... ... ... A4
3B............Minor Offences .............. ... ... ... ... ... ... ... ... ... ... A 4
3C..................Procedure for minor offences ... ... ... ... ... ... ... ... ... ... A 4

PARTII

JUNIOR POLICE OFFICERS: INVESTIGATION INTO DISCIPLINARY
OFFENCES, PUNISHMENT AND APPEALS
4. Appropriate tribunal ...................... ... ... ... ... ... ... ... A 5
5. Preliminary procedure .................. ... ... ... ... ... ... ... ... A 5
6. Objection to officer hearing the case ... ... ... .. . ... ... . A 5
7. Access to records and documents ........ ... ... ... ... ... ... ... A 6
8. Plea of defaulter ............. ....... ... ... ... ... . ... ... ... A 6
9. Procedure .............................. ... ... ... ... ... ... ... A 6
10..................Adding or amending charges ... ... ... ... ... ... ... ... ., ... A 7
11................Proceedings after hearing ... ... ... ... ... ... ... ... ... ... ... A 7
12.......Review ........................... ... ... ... ... ... ... ... ... ... A 8
13....................Punishment of junior police officers ... ... ... ... ... ... ... ... ... A 8
14.........................Confirmation or variation of finding or award ... ... ... ... ... ... ... A 9
15..................Appeals by junior police officers ... ... ... ... ... . ... ... A 1 t

PART III

INSPECTORS: INVESTIGATION INTO DISCIPLINARY
OFFENCES, PUNISHMENT AND APPEALS
16. Appropriate tribunal ... ... ... ... ... ... ... ... ... ... ... ... ... A 11
17. Preliminary procedure ... .. ... ... ... ... ... ... ... . t . ... ... ... A 1'2
18. Objection to tribunal ... ... ... ... ... ... ... ... ... ... ... ... ... A 13
19. Procedure ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 14
20. Plea of inspector charged ... ... ... ... ... ... ... ... ... ... ... ... A 14
21. Hearing ... ... ... ... ... ... ... ... ... ... ... ... . ... ... ... A 14
22. Adding or amending charges ... ... ... ... ... ... ... ... A 15
23. Proceedings after hearing ... ... ... ... ... ... ... ... . ... ... ... A 15
24. Review ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 16
25. Punishment of inspectors ... ... ... ... ... ... ... ... ... ... ... ... A 17
26. Appeals by inspectors ... ... ... ... ... ... ... ... ... ... ... ... A 17
27. Commissioner may report to Governor ... ... ... ... ... ... ... ... ... A 18
27A. Joint proceedings against inspectors and junior police officers ... ... ... ... A 19





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Regulation Page
PART IV
MISCELLANEOUS PROVISIONS
28..................Power to suspend punishment ... ... ... ... ... ... ... ... ... ... A 20
29.......................Payment for loss or damage to property ... ... ... ... .. 1 ... ... ... A 20
29A............................Seizure and detention of property required as exhibit ... - ... ... A 21
29B.............Disposal of exhibits ............ ... .1 . ... ... ... ... ... ... ... A 21
30.......Awards ................................ ... ... ... ... ... ... ... ... A 22
31............Effect of award .................. ... ... ... ... ... ... ... ... ... A 22
32..........Transitional ...................... ... ... ... ... ... ... ... ... ... A22

Schedule. Powers of punishment . .............. ... ... ... ... ... ... A 22






1982 Ed.] Police (Discipliiie) Regulations [CAP. 232 A3

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POLICE (DISCIPLINE) REGULATIONS
(Cap. 232. section 45)

PART 1

PRELIMINARY

1. This regulations may be cited as the Police (Discipline)
Regulations.
2. In these regulations, unless the context otherwise
requires-
-appropriate tribunaV in relation to ail inspector has the meaning
assigned to it by regulation 16. and ill relation to a junior police
officer has the meaning assigned to it by regulation 4;
'defaulter' means a police officer charged with a disciplinary
offence,
'Force Discipline Officer' means a police officer appointed by the
Commissioner to be Force Discipline Officer for the purposes of
these regulations;
'inspector' means an inspector, senior inspector or chief inspector;
'junior police officer' means a police officer below the rank of
inspector;
'senior police officer' means a chief superintendent, assistant com-
missioner or senior assistant commissioner;
'superintendent' includes senior superintendent.
3. (1) Any inspector or junior police officer who Commits
any disciplinary offence specified in paragraph (2), and-
(a) pleads guilty before an appropriate tribunal, or

(b) is found guilty by an appropriate tribunal,

may be punished by such tribunal in accordance with these
regulations.

(2) The offences against discipline are-

(a) absence from duty without leave or good cause;

(b) sleeping on duty;

(c) conduct to the prejudice of good order and discipline;

(d) cowardice in the performance of duty;

(e)contravention of police regulations, or any police orders,
whether written or verbal;





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insubordination;
(g)being unfit for duty through intoxication;
(h) neglect of duty or orders;
(i) malingering;
making a statement which is false in a material particular
in the course of his duty or in connexion with the discharge
by the police force of any of its duties or functions;
(k)unlawful or unnecessary exercise of authority resulting in
loss or injury to any other person or to the Government;
wilful destruction or negligent loss of or injury to Govern-
ment property;
(in)conduct calculated to bring the public service into
disrepute.

PART IA

JUNIOR POLICE OFFICERS AND INSPECTORS-MINOR OFFENCES

3A. For the purposes of this Part-

'appointed officer' means an officer appointed under regulation
3B(2) to conduct proceedings under this Part,
'appropriate officer' means, where the alleged offender is a junior
police officer, a superintendent, and where the alleged offender
is an inspector, a senior police officer.
'minor offence' means a disciplinary offence which, having regard
to the alleged offender's record and the circumstances of
the case, as established to the satisfaction of an appropriate
officer, would, if admitted, merit no punishment under these
regulations other than a written admonishment.
3B. (1) Where it appears to an appropriate officer that there is
a prima facie case of a minor offence on the part of an inspector or
junior police officer, a statement of the facts in respect thereof may
be entered on a document entitled Minor Offences Report which
shall be the record of the case against such inspector or junior police
officer.
(2) A senior police officer shall appoint a superintendent to
conduct proceedings under this Part against an alleged offender who
is an inspector and a superintendent shall appoint an inspector to
conduct proceedings under this Part against an alleged offender who
is a junior police officer.
3C. (1) The alleged offender shall appear before the appointed
officer and shall be called upon to admit or deny the statement of
facts in respect of the alleged minor offence and shall be advised that
if he admits the facts he will receive a written admonishment.





1982 Ed.] Police (Disciplilie) Regulations [CAP. 232 A5

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(2) If the alleged offender admits the facts the appointed
officer shall endorse the Minor Offences Report accordingly and
issue a written admonishment to the offender.

(3) If the alleged offender denies the facts the appointed shall
endorse the Minor Offences Report accordingly and return it to the
appropriate officer.
(4) If a Minor Offences Report is returned to the appropriate
officer under paragraph (3), a charge or charges shall be heard, in the
case of an alleged offender who is a junior police officer, under Part
11, and in the case of an alleged offender who is an inspector, under
Part 111.
(5) No person shall appear on behalf of an alleged offender in
proceedings under this Part.
PART II
JUNIOR POLICE OFFICERS: INVESTIGATION INTO DISCIPLINARY
OFFENCES, PUNISHMENT AND APPEALS
4. For the purposes of this Part 'appropriate tribunal' means
a superintendent.
5. (1) When it appears to any police officer of or above the
rank of sergeant that a disciplinary charge or charges should be laid
against a junior police officer subordinate to him in rank, the
appropriate charge orcharges may be entered in a document entitled
Defaulter Report which shall be the record of the case against such
police officer and he shall be informed of the charge or charges as
soon as practicable.
(2) The defaulter shall be notified in writing of-
(a) the charge or charges;

(b)the name of the officer constituting the appropriate
tribunal;

(c) the place of the hearing; and

(d)the time and the date of the hearing which shall be not
earlier than 7 clear days after service of the notice.

(3) No person who originates a complaint leading to a charge
or assists in the investigation of such complaint shall act as the
appropriate tribunal in respect of that charge.

6. If the defaulter, prior to the hearing, objects to the appro-
priate tribunal on the grounds of partiality or bias, he shall set out

his grounds in full in writing and deliver them to such appropriate
tribunal which shall not commence the hearing of the case but shall
forward the document to a senior police officer who may appoint
another appropriate tribunal to hear the case.





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7. A defaulter charged under these regulations shall be given
copies of or reasonable access to such police records and other

documents as he requires and which are necessary to enable him to
prepare his defence but not including those records for which the
Crown clairns privilege.
8. The defaulter shall appear before the appropriate tribunal
and the charge or charges shall be read over to him and he shall be
required to plead unequivocally guilty or not guilty and to each
charge separately if there is more than one, and such plea shall be
recorded.
9. (1) [Deleted, L.N. 305/82]
(2) Where a defaulter has pleaded not guilty and evidence for
the prosecution is called, witnesses shall be called in support of the
charge or charges and, at the conclusion of the evidence of each such
witness, the defaulter or any person appearing on his behalf may
cross-examine such witness who may then be re-examined.
(3) When the examination of all witnesses in support of the
charge or charges has been completed the defaulter shall be asked
whether he wishes to-
(a) give evidence,
(h) call witnesses,
(4) Where a defaulter gives evidence he may be cross-
examined and such witnesses as he desires to call may, after
giving evidence, be cross-examined and then be re-examined by the
defaulter or any person appearing on his behalf.
(5) At the close of the defence case witnesses may be called
with the consent of the appropriate tribunal hearing the case to give
evidence in rebuttal and may be examined, cross-examined and
re-examined, and at the conclusion of all the evidence the prosecutor
may address the tribunal and thereafter the defence may address the
tribunal in reply.
(6) Such exhibits as are produced by witnesses shall be
available for inspection by the defence and the prosecutor.

(7) Notwithstanding this regulation, the appropriate tribunal
may-

(a) call any witness,

(b) ask such questions of any witness,

as it considers will assist it in determining the case.

(8) The appropriate tribunal may adjourn the case from time
to time and where an application is made for an adjournment it shall
be shown to the satisfaction of the appropriate tribunal by the
applicant that such a course would serve the ends of justice and any
adjournment granted shall be for a reasonable period only.





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(9) The appropriate tribunal shall keep a record of the
evidence heard which shall be signed and dated by it and the
interpreter, if any, on each adjournment and on the termination of
the hearing.

(10) Evidence shall not be taken on oath or affirmation.

(11) A defaulter may be represented by---

(a) an inspector or other junior police officer of his choice; or

(b)any other police officer of his choice who is qualified as a
barrister or solicitor,

who may conduct the defence on his behalf.

(12) Subject to paragraph (11), no barrister or solicitor may
appear on behalf of the defaulter.

10. A charge maybe amended or a further charge added at any
time prior to a finding being communicated to a defaulter charged
under these regulations and any amended or new charge shall be
read and explained to such defaulter who shall---

(a) be called upon to plead thereto, and

(b)be entitled to a reasonable adjournment to prepare his
further defence.

and in such case a defaulter may-
(i) recall any witnesses, and
(ii) call such further witnesses as he thinks fit,
and any witness giving evidence under this regulation may be
cross-examined and re-examined.

11. (1) The appropriate tribunal shall at the conclusion of the Proceeding
hearing announce its finding on the charges or shall reserve its after hearing,
finding. The finding shall be entered on the Defaulter Report and if
the finding has been reserved the appropriate tribunal shall call the
defaulter, before it to announce its finding.

(2) If the defaulter has pleaded guilty or is found guilty he
shall be asked if lie wishes to make a statement on relevant matters
which he desires to be taken into consideration, and any statement
so made shall be recorded by the appropriate tribunal.

(3) If the defaulter has pleaded guilty or is found guilty, the
appropriate tribunal shall then announce its award or shall reserve
its award. The award shall be endorsed on the Defaulter Report
and if the award has been reserved the appropriate tribunal shall call
the defaulter before it to announce its award.

(4) If the defaulter has pleaded guilty or is found guilty and
the appropriate tribunal considers that no punishment should be
awarded it shall---

(a) endorse the Defaulter Report to that effect, and

(b) advise the defaulter personally of the endorsement.




A 8 CAP. 2321 Police (Discipline) Regulations [1982 Ed.
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(5) [Deleted, L.N. 305/82]
L 305 (6)Where a defaulter pleads guilty or is found guilty and the
appropriate tribunal considers thatthe punishment which it can
award is insufficient, it shall not make an award but shall-
(a) endorse the Defaulter Report to that effect;
(b) send the Defaulter Report to a senior police officer;
(c) inform the defaulter of that action,
and, subject to these regulations, the senior police officer may
makean award which he shall communicate to the defaulter
personally.
12.(1) The appropriate tribunal hearing a case under these
regulations may, at any time within 7 days after having announced
its finding of award to the defaulter, review the case and arrive at a
difflcrent finding or award which shall subject to paragraph (2) stand
in place of the original finding or award and be binding on the
defaulter.
(2)When the appropriate tribunal reviews a case, it shall
callthe defaulter before it to announce its finding or award on
the review, but shall not award a greater punishment unless the
defaulter is given on opportunity of making oral representations to
it as to why the punishment should not be increased.
(3)Any review under this regulation shall be at the sole
discretion of the appropriate tribunal hearing the case and may be
made-
(a) on the appropriate tribunal's own motion; or
(b) on application by the defaulter in writing.
13. (1) Any junior police officer who is found guilty by
an appropriate tribunal of 'any of the offences against discipline
specified in regulation 3(2) may, subject to regulation 30, be awarded
the following punishments-
(a) caution;
(b) reprimand;
(c) severe reprimand:
(d)forfeiture of not more than one month's pay except in the
case of absence without good cause when forfeiture of pay
shall extend to cover the period of absence in addition to
any other punishment awarded;
(e) reduction in rank;

(f) an order to resign forthwith without salary in lieu of
notice;





1982 Ed.] Police (Discipline) Regulations [CAP. 232
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(g) compulsory retirement with pension, gratuity or other
allowances, without such benefits or with reduced benefits;
or
(h) dismissal.
(2) [Deleted L.N. 305/82]
(3) Where the appropriate tribunal does not award any
punishment and refers its findings to a senior police officer to make
an award, the senior police officer may exercise all the powers of
punishment conferred upon him by regulation 30.
(A) Where an appropriate tribunal refers its findings to a
senior police officer under paragraph (3) he may, if he is of
the opinion that the junior police officer does not deserve to be
punished but that the proceedings disclose grounds for requiring the
junior police officer to retire in the public interest, without further
proceedings require him to retire in the public interest.
(4) Notwithstanding this regulation, a junior police officer
found guilty of any offence specified in regulation 3(2) and-
(a) dismissed from the police force by the Commissioner,
the Force Discipline Officer or a senior police officer.
shall, where appropriate, be reduced to the ranks before
dismissal; or
(b) ordered by the Commissioner, the Force Discipline Officer
or a senior police officer to resign forthwith from the
police force, shall, if he fails to do so, be dismissed under
paragraph (3).
14. (1) Within 14 days from the date of any finding or award
made by an appropriate tribunal, a senior police officer shall- of finding

(a) in respect of the finding-
(1) confirm the finding; or
(ii) vary the finding and substitute any finding which the
appropriate tribunal could have made on the evidence
adduced; or
(iii) subject to paragraph (3)(c), set aside the finding and
order a rehearing of the case on the same or other charges
by another appropriate tribunal;
(b) in respect of any award, where he confirms or varies the
finding-
(i) if no punishment was awarded, award any punish
ment that he is empowered to award; or
(ii) confirm the award; or
(iii) remit the award; or
(iv) subject to paragraph (3)(a) and (b). substitute any
other award that he is empowered to award; or





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(c)where the appropriate tribunal has sent the Defaulter
Report to hirn because it considers the punishment which it
can award is insufficient, make an award which he shall
announce personally or communicate in writing to the
defaulter.

(2) A senior police officer shall not act under paragraph (1) if
he has originated or assisted in the investigation of the complaint
leading to the proceedings.

(3) A senior police officer shall not-

(a)substitute for any award made by an appropriate tribunal
any greater award without first calling on the defaulter to
show cause why such award should not be increased, or

(b) substitute for a finding of not guilty a finding of guilty, or

(e) order a rehearing where the finding was one of not guilty.

(4) A senior police officer acting under this regulation shall
announce personally or communicate in writing to the defaulter the
action taken by him, and shall forward the Defaulter Report to the
Force Discipline Officer.

(5) Within 14 days of the receipt by him of a Defaulter Report
forwarded to him under paragraph (4) the Force Discipline Officer
shall except where a senior police officer has ordered a rehearing of
the case under paragraph

(a) in respect of the finding-
(i) confirm the finding; or
(ii) vary the finding and substitute any finding which the
appropriate tribunal could have made on the evidence
adduced; or
(iii) subject to paragraph (6)(c), set aside the finding and
order a rehearing of the case on the same or other charges
by another appropriate tribunal;

(b)in respect of any award, where he confirms or varies the
finding-
(1) if no punishment was awarded, award any punish-
ment that he is empowered to award; or
(ii) confirm the award; or
(Iii) remit the award; or
(iv) subject to paragraph (6)(a) and (b), substitute any
other award that the senior police officer is empowered to
award.

(6) The Force Discipline Officer shall not-

(a)substitute for any award made any greater award without
first calling on the defaulter to show cause why such award
should not be increased; or

(b) substitute for a finding of not guilty a finding of guilty; or





1982 Ed.] Police (Discipline) Regulations(CAP. 232 A11
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(c) order a rehearing where the finding, as confirmed or
varied, was one of not guilty.
(7) The Force Discipline Officer acting under this regulation
shall announce personally or communicate In writing to the
defaulter the action taken by him.
15. (1) A junior police officer may within 14 days of the
announcement to him by, or, as the case may be, the receipt of a

communication from, the Force Discipline Officer of any finding,
decision or punishment, appeal in writing to the Commissioner by
petition which shall contain such representations as may be relevant
to the appeal.
(2) Upon an appeal under this regulation the Commissioner
may-
(a) vary any finding and substitute any finding which he could
have made on the evidence adduced; or
(b) order a rehearing of the case on the same or other charges
by another appropriate tribunal; or
(c) substitute any other punishment that he is empowered to
award.
(3) Upon an appeal under this regulation the Commissioner
(a) may permit the defaulter to appear before him in person to
support his appeal;
(b) subject to these regulations, may hear such additional
evidence as he considers relevant; and
(c) subject to these regulations, shall announce personally or
communicate in writing to the defaulter, the outcome of the
appeal or the action taken under this regulation.
(4) In every case where an appeal has been lodged any
punishment awarded (other than a severe reprimand, reprimand or
caution) shall be suspended pending the determination of the
appeal.
PART Ill
INSPECTORS: INVESTIGATION INTO DISCIPLINARY OFFENCES,
PUNISHMENT AND APPEALS
16. (1) For the purposes of this Part 'appropriate tribunal'
means-

(a)a single police officer not below the rank of superintendent
appointed by the Commissioner or by a senior police
officer;

(b) a senior police officer;





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(c) a board appointed by the Commissioner;

(d) a board appointed by the Chief Secretary.

(2) Where the appropriate tribunal is to be a board appointed
by the Commissioner. the Commissioner shall appoint a board
comprising 2 police officers of or above the rank of superintendent,
one of whom he shall name as President of the board, to hear the
charge or charges.

(3) A senior police officer may apply to the Commissioner to
appoint a board to be the appropriate tribunal, and on such
application the Commissioner may either appoint a board under
paragraph (2) or refer the case back to that senior police officer to be
heard by a single police officer nominated by the Commissioner or a
senior police officer.

(4) If the Commissioner is of the opinion that there are
exceptional circumstances in the case he may request the Chief
Secretary to appoint a board to be the appropriate tribunal.
(4A) If the Commissioner is of the opinion that there are
no exceptional circumstances but the defaulter so requests, the
Commissioner shall refer such request to the Chief Secretary to
appoint a board to be the appropriate tribunal.
(413) In exercising his discretion whether or not to appoint a
board to be the appropriate tribunal, the Chief Secretary shall
take into account any representations made in writing by the
Commissioner and the defaulter.
(5) Where the appropriate tribunal is to be a board appointed
by the Chief Secretary, the Chief Secretary shall appoint a board
comprising 3 public servants, one of whom he shall name as
President of the board to hear the charge or charges, and such a
board shall comply with these regulations.
(6) No person who originates a complaint leading to a charge
or assists in the investigation of such complaint shall act as the
appropriate tribunal in respect of that charge.
17. (1)-(2) [Deleted, L.N. 305/182]

(3) Where it appears to a senior police officer that a dis-
ciplinary charge or charges should be laid against an inspector.
he may-
(a) direct that the charge or charges be heard by an appro-
priate tribunal; or
(b) apply to the Commissioner to appoint a board to be the
appropriate tribunal.
(4) Where a charge or charges are to be heard before
an appropriate tribunal consisting of a single police officer, the
defaulter shall be notified in writing of-
(a) the charge or charges,





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(b)the name of the officer constituting the appropriate
tribunal;

(c) the place of the hearing; and

(d)the time and date of the hearing, which shall not be earlier
than 7 clear days after service of the notice.

(5)(a) Where a charge or charges are to be heard before an
appropriate tribunal consisting of a board, a copy of the
charge or charges shall be served upon the defaulter
together with a notice-
(i) of the names of the persons constituting the board;
(ii) that he is required to plead guilty or not guilty
thereto unequivocally in writing and to each charge
separately if there is more than one within 7 days of receipt
of the charge or charges,
(iii) that if he desires to plead guilty he may forward to
the appropriate tribunal in writing any relevant matter
which he desires to be taken into consideration.

(b)On receipt of the defaulter's plea, the appropriate tribunal
shall fix a date for the hearing of the charge or charges, and
shall notify the defaulter thereof, where the plea is one of
not guilty, such date shall be a date not earlier than 7 days
from the date of service of such notice.

18. (1) If a defaulter objects to the appropriate tribunal on
the grounds of partiality or bias. he may. within 7 days after being
informed of the manner in which the case shall be heard. apply to the
Commissioner-

(a)to direct that the case be heard by a board instead of a
single police officer.

(b)to change any single police officer appointed by him or by a
senior police officer or to change a member of the board
appointed by him but only on grounds of partiality or bias
which shall be fully set out;

(c)to request the Chief Secretary to appoint a board to be the
appropriate tribunal.

(2) Any application under this regulation shall be made in
writing, and the hearing shall be stayed pending the determination
of the application.

(3) If the Commissioner grants an application under para-
graph (1)(a) or (b) he may-

(a)direct that the case be heard by a board appointed by him
instead of by a single police officer; or

(b)appoint another appropriate tribunal as though no earlier
appointment had been made by him.





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(4) If the defaulter has applied to the Commissioner to request
the Chief Secretary to appoint a board to be the appropriate tribunal
the Commissioner shall forward such request to the Chief Secretary
in accordance with regulation 16(4A).

19. (1) The Commissioner or a senior police officer shall
appoint a prosecutor and the defaulter may be represented by-

(a) an inspector of his choice; or

(b)any other police officer of his choice who is qualified as a
barrister or solicitor,

who may conduct the defence on his behalf.

(2) Subject to paragraph (1), no barrister or solicitor may
appear on behalf of the defaulter.
(3) A defaulter shall be given copies of or reasonable access to
such police records and documents as he requires and which are
necessary to enable him to prepare his defence but not including
those records for which the Crown claims privilege.
20. Proceedings shall be conducted by an appropriate tribunal
and the charge or charges shall be read over to the defaulter who
shall be required to plead unequivocally guilty or not guilty thereto
and to each charge separately if there is more than one, and such
plea shall be recorded.
21. (1) When the defaulter has pleaded not guilty and
evidence for the prosecution is called, witnesses shall be called
in support of the charge or charges and on the conclusion of the
evidence of each such witness the defaulter or any person appearing
on his behalf may cross-examine such witness who may then be
re-examined by the prosecutor.
(2) When the examination of all witnesses in support of the
charge or charges has been completed the defence may address the
appropriate tribunal for the purpose only of showing that no prinia
.facie case has been established and if it appears to the tribunal that
there is a prima facie case the defaulter shall be asked whether he
wishes to-
(a) give evidence, and
(b) call witnesses.
(3) If the defaulter gives evidence he may be cross-examined
and re-examined and such witnesses as he wishes to call may be
examined, cross-examined and re-examined.
(4) At the close of the defence case witnesses may be called
with the consent of the appropriate tribunal hearing the case to give
evidence in rebuttal and may be examined, cross-examined and
re-examined, and at the conclusion of all the evidence the prosecutor
may address the tribunal and thereafter the defence may address the
tribunal in reply.





1982 Ed.] Police (Discipline) Regulations [CAP. 232 A

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(5) Such exhibits as are produced by witnesses shall be avail-
able for inspection by the defence and the prosecutor.

(6) Notwithstanding this regulation, the appropriate tribunal
hearing the case may-

(a) call any witness,

(b) ask such questions of any witness,
as it considers will assist in determining the case.

(7) The appropriate tribunal may adjourn the case from time
to time and where an application is made for an adjournment it shall
be shown by the applicant that such a course would serve the ends of
justice and any adjournment granted shall be for a reasonable period

only. (8) The appropriate tribunal shall keep a record of the
evidence heard which shall be signed and dated by it and by the
interpreter, if any, on each adjournment and on the termination of
the hearing.

(9) Evidence shall not be taken on oath or affirmation.

22. A charge may be amended or a further charge added at any
time prior to a finding being communicated to the defaulter under
these regulations and any amended or new charge shall be read and
explained to such defaulter shall-

(a) be called upon to plead thereto, and
(b)be entitled to a reasonable adjournment to prepare his
further defence,

and in such a case a defaulter may-
(i) recall any witnesses, and
(5) call such further witnesses as he thinks fit,

and any witness giving evidence under this regulation may be
cross-examined and re-examined.

23. (1) The appropriate tribunal conducting the hearing shall
at the conclusion of the hearing announce its finding on the charges
or shall reserve its finding. The finding shall be entered on the
record and if the finding has been reserved the appropriate tribunal
shall call the defaulter before it to announce its finding.

(2) If the defaulter has pleaded guilty or is found guilty, he
shall be asked if he wishes to make or produce a statement which
shall then be made or produced to the appropriate tribunal and such
statement shall contain such relevant matters as he desires to be
taken into consideration.

(2A) Where the appropriate tribunal is a board appointed by
the Chief Secretary or a board appointed by the Commissioner and
the defaulter has pleaded guilty or is found guilty, the board shall
endorse its findings on the record and send the record to the
Commissioner to make an award.





16 CAP. 232] Police (Discipline) Regulations [1982 Ed.
[Subsidiary]
(3) If a defaulter has pleaded guilty or is found guilty, the
appropriate tribunal, other than a board, shall then announce its
award or shall reserve its award. The award shall be endorsed on
the record, and if the award has been reserved the appropriate
tribunal shall call the defaulter before it to announce its award.
(3A) If the defaulter has pleaded guilty or is found guilty and
the appropriate tribunal, other than a board, considers that no
punishment should be awarded it shall-
(a) endorse the record to that effect; and
(b) advise the defaulter personally of the endorsement.

(4) Where a defaulter has pleaded guilty or has been found
guilty, and the appropriate tribunal, other than a board, considers
that the punishment which it can award is insufficient, the record
shall be endorsed accordingly and shall be sent to the Commissioner
and the defaulter shall be informed of this action.
(5) Where the appropriate tribunal is a senior police officer or
superintendent and the defaulter pleads guilty or is found guilty, it
may make an award which it shall-
(a) endorse on the record, and
(b) communicate together with the finding personally to the
defaulter.

(6)-(7) [Deleted, L.N. 305/821

(8) Where the case is referred to the Commissioner under
paragraph (2A) or (4) the Commissioner may make an award
which he shall endorse on the record and announce personally
or communicate in writing to the defaulter, and where the Com-
missioner considers that the punishment which he can award is
insufficient, he shall endorse the record accordingly and shall
forward such record to the Governor under regulation 27.
24. (1) The appropriate tribunal hearing a case under these
regulations may, at any time within 7 days after having announced
its finding or award to the defaulter, review the case and arrive at a
different finding or award which shall, subject to paragraph (2),
stand in place of the original finding or award and be binding on the
defaulter.
(2) When the appropriate tribunal reviews a case, it shall
announce personally or communicate in writing its finding or award
on the review to the defaulter, but shall not award a greater
punishment unless the defaulter is given an opportunity of making
oral representations to it as to why the punishment should not be
increased.
(3) Any review under this regulation shall be at the sole
discretion of the appropriate tribunal hearing the case and may be
made-
(a) on the appropriate tribunal's own motion; or





1982 Ed.] Police (Discipline) Regulations [CAP. 232 A

[Subsidiary]
(b)on application to it in writing by either the prosecutor or
the defaulter.

25. (1) Any inspector who is found guilty by an appropriate

tribunal other than a board of any of the offences against discipline
specified in regulation 3(2) may subject to regulation 30 be punished
by such tribunal with-
(a) caution; or
(b) reprimand.
(2) In place of or in addition to any of the punishments
specified in paragraph (1), an inspector may be punished by the
Commissioner with-
(a) in the case of a chief inspector, reduction in rank to senior
inspector or inspector; or
(b) in the case of a senior inspector, reversion in rank to
inspector; or
(ba) severe reprimand; or

(c) deferment or stoppage of increment; or

(d)forfeiture of not more than 1 month's pay except in the
case of absence without good cause when forfeiture shall
extend to cover the period of absence in addition to any
other punishment awarded.

(3) Where a senior police officer or superintendent awards no
punishment and refers the findings of the appropriate tribunal to the
Commissioner to make an award, the Commissioner may exercise
all the powers of punishment conferred by paragraphs (1 ), and (2).

26. (1) An inspector may within 14 days of the announcement
to him by, or, as the case may be, the receipt of a communication
from, the Commissioner or an appropriate tribunal of any finding or
punishment-

(a)where the appropriate tribunal was a board appointed
by the Commissioner or the Chief Secretary, appeal
to the Governor by petition which shall contain such
representations as may be relevant, and

(b) in any other case, appeal in writing to the Commissioner.

(2) Any inspector who has appealed to the Commissioner
under paragraph (1) and-

(a)has been awarded any punishment by the Commissioner
under regulation 25(1) or (2); or

(b)is aggrieved by a ny other decision made by the Commis-
sioner,

may, within 14 days of the receipt of communication of such award
or decision, appeal to the Governor by petition which shall contain
such representations as may be relevant.





A 18 CAP. 2321 Police (Discipline) Regulations [1982 Ed.

[Subsidiary]
(3) Upon any appeal under paragraph (1) or (2), the Governor
may-

(a)confirm or remit the punishment awarded by the Commis-
sioner;

(b)substitute in its place any punishment the Commissioner
could have awarded;

(e)confirm, vary or revoke any other decision made by the
Commissioner; or

(d)set aside any finding of an appropriate tribunal if in all the
circumstances of the case he considers justice so requires
and either-
(1) award such punishment as is warranted by any
finding which has not been set aside; or
(11) award no punishment if there is no such finding.

(4) The Governor's decision upon any appeal under para-
graph (1) or (2) and upon any reference under regulation 27 shall
be communicated to the Commissioner and to the inspector by the
Chief Secretary.

(5) The Commissioner may, upon any appeal by an inspector
under paragraph (1) or of his own motion-

(a)confirm any finding of guilty or substitute a finding of not
guilty;
(b)confirm any award or vary any award by substituting an
award specified in regulation 25(1) or (2) except that no
greater award shall be made unless the inspector is given an
opportunity to show cause why the award should not be
increased;
(ba) forward a report to the Governor under regulation 27;

(c) remit any punishment awarded; or

(d)order a rehearing of the case on the same or other charges
before another appropriate tribunal.

(6) In every case where an appeal has been lodged any
punishment awarded (other than a severe reprimand, reprimand or
caution) shall be suspended pending the determination of the
appeal.
27. (1) Where any inspector is found guilty of any of the
offences against discipline specified in regulation 3(2) and it appears

to the Commissioner that the nature of the offence is so aggravated
and other relevant circumstances such that dismissal or compulsory
retirement with pension, gratuity or other allowances, without such
benefits or with reduced benefits is merited, the Commissioner shall
forward to the Governor a report containing-
(a) the record of the proceedings;
(b) the record of the inspector's service;





1982 Ed.] Police (Discipline) Regulations(CAP. 232
[Subsidiary]
(c) the Commissioner's recommendation; and
(d) his reasons for not making an award under regulation
25(1) or (2).
(2) The Commissioner shall at the same time as he forwards a
report under paragraph (1) inform the inspector that his case will be
considered by the Governor, and the inspector may within 14 days
of the receipt of such information, or within such extended time as
the Governor may allow, forward to the Governor a written petition
containing such representations as may be relevant to enable the
Governor to exercise his discretion under paragraph (3).
(3) Where any report is forwarded to the Governor under this
regulation, the Governor may-
(a) dismiss the inspector; or
(b) if in all the circumstances of the case he considers justice so
requires, set aside any finding of an appropriate tribunal
and dismiss the inspector if in his opinion such punishment
is warranted by any finding which has not been set aside; or
(ba) if in all the circumstances of the case, he is of the opinion
that the misconduct of the inspector is serious enough to
warrant the compulsory retirement of the inspector, order
that the inspector be compulsorily retired with such pen
sion, gratuity or other benefits as he may determine; or
(c) remit the case to the Commissioner and the Commissioner
may then award any punishment which he has power to
award under regulation 25, but where the Commissioner
awards any punishment under this paragraph, regulation
26(2) shall apply as if such punishment had been awarded
under regulation 25; or
(d) if he is of the opinion that the inspector does not deserve to
be punished but that the proceedings disclose grounds for
requiring the inspector to retire in the public interest,
without further proceedings require him to retire in the
public interest.
27A. (1) Where one or more inspectors and one or more Joint
junior police officers are charged with a disciplinary offence or
offences arising out of the same facts, the Commissioner or a senior
police officer may direct that the defaulters be charged and pro-
ceeded against jointly at the same proceedings unless-

(a) one of the defaulters objects to the appropriate tribunal on
the grounds of partiality or bias; or
(b) one of the defaulters objects to joint proceedings on the
grounds of disparity of rank.
(2) Joint proceedings under this regulation shall be dealt with
as if they were proceedings against an inspector under Part III.





A 20 CAP. 232] Police (Discipline) Regulations [1982 Ed.

[Subsidiary]
PART IV

MISCELLANEOUS PROVISIONS

28. (1) Subject to this regulation, any punishment awarded
by an appropriate tribunal may be suspended by that tribunal or by
any police officer of higher rank than the officer or officers constitut-
ing the tribunal for a period of not less than 6 months nor more than
1 year.
(2) Subject to paragraph (3), where any punishment has been
suspended under this regulation the appropriate tribunal or any
police officer of higher rank shall at the expiration of the period of
suspension review the case or may, at any time during the period of
suspension, review the case, taking into consideration such reports
on the conduct of the defaulter during the period of suspension as
may be available.
(3) The appropriate tribunal or officer of higher rank may
remit or reduce the punishment and in such an event shall cause any
entry relating to the offence which has been made in the records of
the defaulter to be expunged or altered. as the case may be, or order
the punishment to be executed forthwith, except that if, during the
period of suspension, the defaulter is convicted of a further offence
against discipline, being an offence committed after the offence for
which the suspended punishment was awarded, the suspended
punishment shall be executed forthwith and any punishment on such
further offence shall not be suspended.
(4) This regulation shall not affect the lodging and hearing of
an appeal.

29. (1) Where an appropriate tribunal has found an inspector
junior police officer guilty of an offence under regulation 3(2), the
tribunal may, in addition to or in lieu of any punishment he is by
these regulations empowered to award, order the defaulter to pay in
full or in part-
(a) the cost of repairing or replacing any article of clothing,
equipment or property whatsoever entrusted or supplied to
the defaulter in his capacity as a police officer which has
been lost or damaged;
(b) the cost of repairing or replacing any Government
property lost or damaged by him; or
(c) the compensation paid, ex gratia or otherwise, by the
Government to any person in respect of the loss or damage
of that person's property by the defaulter,
in each case only if the loss or damage has resulted from the
defaulter's neglect or fault and the amount ordered to be paid does
not exceed his salary for one month.





1982 Ed.] Police (Discipline) Regulations [CAP. 232 A

[Subsidiary
(2) A gazetted officer may require an inspector or junior police
officer to pay to the Government in full or in part-

(a)the cost of repairing or replacing any article of clothing,
equipment or property whatsoever entrusted to the
inspector or junior police officer in his capacity as police
officer and lost or damaged by him;

(b)the cost of repairing or replacing any Government
property lost or damaged by him; or

(c)the compensation paid, ex gratia or otherwise, by the
Government to any person in respect of the loss or damage
of that person's property by the inspector or junior police
officer,

in each case only if the loss or damage has resulted from the junior
police officer's or inspector's neglect or fault and the amount
ordered to be paid does not exceed his salary for one month.

(3) For the purpose of enabling due inquiry to be made as to
whether any police officer should be required to pay any amount
under paragraph (2), affording him due opportunity to make repre-
sentations and enabling any requirement under that paragraph to be
appealed against and reviewed, Parts II and III shall apply mutatis
mutandis to and in respect of such a requirement as they apply to
and in respect of a finding of guilty of an offence under regulation
3(2) and an award of punishment.

29A. (1) A police officer of the rank of sergeant or above may
seize and detain any property which he reasonably suspects to be the

property of a police officer that may be required for the purpose of
proving a disciplinary offence.

(2) Any property seized and detained under paragraph (1) and
which is not admitted in evidence as an exhibit in disciplinary
proceedings shall-
(a) if the owner thereof is not known, be forfeited and dis-
posed of in accordance with paragraph (3) or (4) as the
case may be; and
(b) if the owner thereof is known, be returned to the owner.
(3) Any property seized and detained under this regulation the
ownership of which is not known shall be disposed of in such
manner as the Commissioner may determine and, if sold, after the
deduction of expenses necessarily incurred in the sale, the proceeds
of sale (if any) shall be paid into the Police Welfare Fund.
(4) Any money seized and detained under this regulation the
owner of which is not known shall be paid into the Police Welfare
Fund.
29B. (1) An appropriate tribunal may, in addition to any
award made in any proceedings, order the forfeiture of any property
admitted in evidence as an exhibit.





A 22 CAP. 232] Police (Discipline) Regulations [1982 Ed.

[Subsidiary]
(2) Property ordered to be forfeited under paragraph (1) shall,
after the award has been confirmed and any appeal determined, be
disposed of in such manner as the Commissioner shall determine
and, if sold, after the deduction of expenses necessarily incurred in
the sale, the proceeds of sale (if any) shall be paid into the Police
Welfare Fund.

(3) Money ordered to be forfeited under paragraph (1) shall,
after the award has been confirmed and any appeal determined, be
paid into the Police Welfare Fund.

30. The punishment that may be awarded by an inspector, a
superintendent, a senior police officer, the Force Discipline Officer,
the Commissioner and the Governor respectively shall be those set
out in the Schedule.
31. Subject to regulation 28. an award of punishment made
under these regulations shall take effect from the date of announce-
ment or communication to the defaulter of the award.
32. Where a police officer has been charged with a disciplinary
offence prior to the coming into operation* of the Police
(Discipline) (Amendment) Regulations 1982 or charged after their
coming into operation with an offence committed prior to such
coming into operation, the charge shall be heard and reviewed, any
punishment shall be awarded, and any appeal shall be determined,
as if the Police (Discipline) (Amendment) Regulations 1982 had not
come into operation.
[L.N. 305182, reg. 25, incorporated]

SCHEDULE [reg. 30.]

POWERS OF PUNISHMENT






1982 Ed.] Police (Discipline) Regulations [CAP. 232 A 23

[Subsidiary]






A 24 CAP. 2321 Police (Discipline) Regulations [1982 Ed.

[Subsidiary]






1982 Ed.] Police (Discipline) Regulations [CAP. 232 A 25

[Subsidiary]

L.N. 179/77. L.N. 23/78. L.N. 7/79. L.N. 305/82. L.N. 209/77. Citation. Interpretation. L.N. 305/82. Disciplinary offences. L.N. 305/82. Interpretation in this Part. Minor Offences. Procedure for minor offences. Appropriate tribunal. L.N. 305/82. Preliminary procedure. L.N. 305/82. L.N. 305/82. Objection to officer hearing the case. Access to records and documents. L.N. 305/82. Plea of defaulter. Procedure. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. Adding or amending charges. Proceedings after hearing. L.N. 305/82. L.N. 305/82. Review. Punishment of junior police officers. L.N. 305/82. L.N. 305/82. L.N. 305/82. Confirmation or variation of finding or award. L.N. 305/82. Appeals by junior police officers. L.N. 305/82. Appropriate tribunal. L.N. 305/82. Preliminary procedure. L.N. 305/82. L.N. 305/82. Objection to tribunal. L.N. 305/82. L.N. 305/82. Procedure. L.N. 305/82. L.N. 305/82. Plea of inspector charged. Hearing. L.N. 305/82. Adding or amending charges. Proceedings after hearing. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. Review. Punishment of inspectors. L.N. 305/82. L.N. 305/82. Appeals by inspectors. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. Commissioner may report to Governor. L.N. 305/82. L.N. 305/82. L.N. 23/78. Joint proceedings against inspectors and junior police officers. L.N. 305/82. Power to suspend punishment L.N. 305/82. Payment for loss or damage to property. Seizure and detention of property required as exhibit. L.N. 305/82. Disposal of exhibits. L.N. 305/82. Awards. L.N. 305/82. Schedule. Effect of award. Transitional. L.N. 305/82. [*6.8.82.] L.N. 305/82.

L.N. 179/77. L.N. 23/78. L.N. 7/79. L.N. 305/82. L.N. 209/77. Citation. Interpretation. L.N. 305/82. Disciplinary offences. L.N. 305/82. Interpretation in this Part. Minor Offences. Procedure for minor offences. Appropriate tribunal. L.N. 305/82. Preliminary procedure. L.N. 305/82. L.N. 305/82. Objection to officer hearing the case. Access to records and documents. L.N. 305/82. Plea of defaulter. Procedure. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. Adding or amending charges. Proceedings after hearing. L.N. 305/82. L.N. 305/82. Review. Punishment of junior police officers. L.N. 305/82. L.N. 305/82. L.N. 305/82. Confirmation or variation of finding or award. L.N. 305/82. Appeals by junior police officers. L.N. 305/82. Appropriate tribunal. L.N. 305/82. Preliminary procedure. L.N. 305/82. L.N. 305/82. Objection to tribunal. L.N. 305/82. L.N. 305/82. Procedure. L.N. 305/82. L.N. 305/82. Plea of inspector charged. Hearing. L.N. 305/82. Adding or amending charges. Proceedings after hearing. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. Review. Punishment of inspectors. L.N. 305/82. L.N. 305/82. Appeals by inspectors. L.N. 305/82. L.N. 305/82. L.N. 305/82. L.N. 305/82. Commissioner may report to Governor. L.N. 305/82. L.N. 305/82. L.N. 23/78. Joint proceedings against inspectors and junior police officers. L.N. 305/82. Power to suspend punishment L.N. 305/82. Payment for loss or damage to property. Seizure and detention of property required as exhibit. L.N. 305/82. Disposal of exhibits. L.N. 305/82. Awards. L.N. 305/82. Schedule. Effect of award. Transitional. L.N. 305/82. [*6.8.82.] L.N. 305/82.

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