Singapore legislation

Regulation 22

of Auxiliary Police Forces Regulations

Regulation 22

Procedure at disciplinary inquiry

Subregulation 1

Every disciplinary inquiry under these Regulations shall be conducted by a disciplinary officer of equal or higher rank than the auxiliary police officer charged.

Subregulation 2

A disciplinary officer shall be —

(a)

an auxiliary police officer authorised by the Commander of the Auxiliary Police Force to conduct disciplinary proceedings, where the investigation was conducted by an investigating auxiliary police officer; or (b)a police officer authorised by the commanding officer for Auxiliary Police Forces to conduct disciplinary proceedings, where the investigation was conducted by an investigating police officer.

Subregulation 3

The charge shall be read out and, if necessary, explained to the auxiliary police officer charged and he shall then be called upon to plead to the charge.

Subregulation 4

If the auxiliary police officer concerned pleads guilty —

(a)

the disciplinary officer shall record briefly the facts in support of the charge and shall explain them to the auxiliary police officer; (b)the auxiliary police officer concerned shall then be invited to make any statement he wishes in extenuation of the offence, and such statement shall be recorded, or if he has nothing to say, such fact shall be recorded; and (c)the disciplinary officer may then accept the plea, record a finding of guilt and recommend to the employer the appropriate punishment under regulation 21(2) in respect of the offence.

Subregulation 5

If the auxiliary police officer concerned does not plead guilty or refuses to plead —

(a)

the disciplinary officer shall examine the witnesses in support of the charge and their evidence shall be recorded; (b)the auxiliary police officer concerned shall be invited to cross-examine the witnesses and examine any documentary evidence; (c)a witness may be re-examined on matters arising out of any cross-examination; (d)if, after hearing the witnesses in support of the charge, the disciplinary officer finds that no case has been made out against the auxiliary police officer concerned, he shall dismiss the case, but otherwise he shall call on the auxiliary police officer concerned for his defence; (e)if called on for his defence —

(i)

the auxiliary police officer concerned may give evidence or submit a written statement, and may call witnesses, or he may remain silent; (ii)if the auxiliary police officer concerned gives evidence, he may be cross-examined, but not as to character or offences not charged, and he may make any explanatory statement on any point arising out of his cross-examination; and (iii)his witnesses may be cross-examined, including cross- examination as to credibility, and he may re-examine them; (f)the disciplinary officer shall, on the evidence, record a finding of guilty or not guilty; and (g)if the disciplinary officer finds the auxiliary police officer concerned guilty —

(i)

the auxiliary police officer concerned shall be invited to make any statement he wishes in extenuation of the offence; (ii)such statement shall be recorded, or if he has nothing to say, such fact shall be recorded; and (iii)the procedure set out in paragraph (4)(c) shall then be applied in respect of the recommendation for punishment.

Subregulation 6

For the purposes of paragraph (5)(a), when the evidence of a witness has been previously recorded in writing by a police officer or an auxiliary police officer acting in the course of duty, it shall be sufficient if the disciplinary officer reads over the record of such evidence to the witness who shall be required to confirm or, if he so desires, to add to or retract from such evidence.

Subregulation 7

All evidence, including the reading over of any record of evidence under paragraph (6), shall —

(a)

be given in the presence of the auxiliary police officer concerned and shall, if in a language not understood by him, be interpreted to him; and (b)be recorded in writing and shall be completed by the following endorsement: “Read over to the witness and stated by him/her to be correct. *[Interpreted to the officer concerned by………………. in the .................. language.] *If applicable. Signature .................................... Disciplinary officer.”.

Subregulation 8

The disciplinary officer shall at all times satisfy himself that the auxiliary police officer concerned understands the nature and effect of the proceedings and has a proper opportunity to defend himself.

Subregulation 9

The disciplinary officer may for sufficient reason adjourn any disciplinary inquiry from time to time.