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Police Service Act 2003 (No. 75 of 2003)
Requested:  26 Oct 2014
Consolidated as at:  21 Feb 2012

PART 5 - Offences

77. Bribery

      (1) A person must not directly or indirectly offer a bribe to, or make an agreement with, a police officer –

(a) for the police officer to neglect his or her duties; or

(b) to influence the police officer in the performance of any of his or her duties.

Penalty:

Fine not exceeding 20 penalty units, or imprisonment for a term not exceeding 2 years, or both.

      (2) A police officer must not take or solicit directly or indirectly a bribe from, or make an agreement with, another police officer or any person –

(a) to neglect his or her duties; or

(b) to influence the performance of any of his or her duties.

Penalty:

Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 2 years, or both.

78. Impersonation

A person who is not a police officer must not do any of the following without lawful excuse or the approval of the Commissioner:

(a) wear or have in possession a police uniform or any part of a police uniform;

(b) wear or have in possession any uniform or badge that resembles, or is likely to be perceived as, a police uniform or badge;

(c) wear any head dress that incorporates a chequered cap band that is the same as or similar to that worn as part of a police uniform;

(d) impersonate or represent himself or herself as a police officer;

(e) use the designation of police officer or any rank in the Police Service in connection with any business, occupation or employment;

(f) have in possession any arms or ammunition or other equipment supplied to any police officer;

(g) have in possession any document issued for the use of the Police Service.

Penalty:

Fine not exceeding 20 penalty units or a term of imprisonment not exceeding 2 years, or both.

79. Failing to assist police officer

A person of 18 years of age or more, without lawful excuse, must not fail to assist a police officer when required to do so by the police officer.

Penalty:

Fine not exceeding 20 penalty units.

80. Names and addresses

      (1) A police officer who becomes aware, or has reasonable grounds for believing, that a person has committed or is committing an offence under section 77(1), 78 or 79 may require the person to state his or her name and address.

      (2) A person must not –

(a) fail or refuse to comply with the requirement; or

(b) give a name or address that is false.

Penalty:

Fine not exceeding 20 penalty units or a term of imprisonment not exceeding 2 years, or both.

      (3) A police officer may arrest without a warrant a person who –

(a) fails or refuses to comply with the requirement; or

(b) gives a name or address that the police officer reasonably believes is false.

81. False or misleading statements

      (1) A person, in making an application for appointment or promotion or providing any information relating to the application, must not –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter knowing that without that matter the application or information is misleading.

Penalty:

Fine not exceeding 20 penalty units.

      (2) If a person commits an offence under subsection (1) and is, or subsequently becomes, a police officer, the Commissioner may take any action referred to in section 43(3) the Commissioner considers appropriate.

82. Return of equipment

      (1) On ceasing to be a police officer, a person must return to an authorised person, within any period specified by the Commissioner, all items of equipment, clothing, firearms or ammunition issued to the person as a police officer, unless the Commissioner determines otherwise.

Penalty:

Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months, or both.

      (2) The Commissioner may apply to a justice for a warrant to –

(a) enter and search any place; and

(b) seize any item found in the place that is required to be returned under subsection (1).

      (3) A justice may issue a warrant if satisfied that there are reasonable grounds for believing that there is on or in any place any item that is required to be returned under subsection (1).

      (4) A warrant is to authorise a police officer –

(a) to enter and search the place specified in the warrant; and

(b) to seize any item that the police officer reasonably believes is required to be returned under subsection (1).

      (5) A warrant is to specify the date on which, and time by which, the warrant ceases to have effect.

      (6) If the occupier of the place is not present or refuses permission, the police officer may –

(a) proceed to execute the warrant using any reasonable force necessary; and

(b) do anything reasonably required to execute the warrant.



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