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Police Service Act 2003 (No. 75 of 2003)
Requested:  16 Apr 2014
Consolidated as at:  21 Feb 2012

43. Actions in relation to breaches of code of conduct

      (1) The Commissioner must establish procedures for the investigation into any alleged breach of a provision of the code of conduct by a police officer.

      (2) After considering the results of an investigation, the Commissioner must determine whether or not the police officer has breached a provision of the code of conduct.

      (3) If the Commissioner determines that a police officer has breached a provision of the code of conduct, the Commissioner may take one or more of the following actions in relation to the police officer:

(a) direct that appropriate counselling be provided to the police officer;

(b) reprimand the police officer;

(c) impose a fine not exceeding 20 penalty units;

(d) direct that the remuneration of the police officer be reduced within the range of remuneration applicable to the police officer;

(e) reassign the duties of the police officer;

(f) transfer the police officer;

(g) in the case of a non-commissioned police officer, place that police officer on probation for any specified period the Commissioner considers appropriate;

(h) in the case of a non-commissioned police officer, demote the police officer;

(i) in the case of a non-commissioned police officer, terminate the appointment of the police officer;

(j) in the case of a commissioned police officer, recommend to the Minister that the appointment of the police officer be terminated or that the police officer be demoted or placed on probation for any specified period the Commissioner considers appropriate.

(k) .  .  .  .  .  .  .  .  

      (4) If the Minister accepts a recommendation of the Commissioner made under subsection (3)(j), the Minister is to recommend to the Governor according to that recommendation.

      (5) The Governor, on receipt of the Minister's recommendation, may act according to that recommendation.

      (6) The Commissioner may determine that a fine be paid –

(a) within a specified period; or

(b) in such instalments as the Commissioner specifies.

      (7) If there is no determination under subsection (6), a fine is to be paid within 14 days after service of a notice under subsection (9).

      (8) If a police officer fails to pay a fine or any instalment of a fine as required, the Commissioner may –

(a) direct that an amount equal to the fine or instalment be deducted from the remuneration payable to the police officer in full or in any specified instalments; or

(b) recover that amount as a debt due to the Police Service in a court of competent jurisdiction.

      (9) The Commissioner, by notice served on the police officer, must notify the police officer of any action taken under this section.

      (10) A termination of appointment or demotion under this section takes effect on service of the notice under subsection (9).


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