Clause 15

by deleting the words “compulsory retirement” in subsection (2)(a) and substituting the words “retirement in the public interest”;

by deleting paragraph (c) of subsection (2) and substituting the following paragraph:“(c)stoppage of increment for up to 2 years;”;

by deleting subsection (3) and substituting the following subsections:“(3) A disciplinary officer who is not a commanding officer but is an officer authorised by a commanding officer to conduct disciplinary proceedings against a police officer below the rank of inspector (called in this subsection and subsection (3A) the defendant police officer) may, after giving the defendant police officer a reasonable opportunity to be heard in accordance with this Act and the Police Regulations and if that disciplinary officer is satisfied on the evidence as to the defendant police officer’s guilt —

order that the defendant police officer be subject to any one of the punishments specified in subsection (2)(b) to (h); or

recommend in writing to the commanding officer that the defendant police officer should be dismissed or retired in the public interest from the Police Force, together with a report containing a record of the proceedings conducted by the disciplinary officer and the grounds for the recommendation.(3A) Upon receipt of any written recommendation and report under subsection (3)(b) from a disciplinary officer with respect to a defendant police officer below the rank of inspector, the commanding officer may, after reviewing that report, by order —

quash any finding of guilt made by the disciplinary officer and acquit the defendant police officer if the commanding officer is of the opinion that —

the finding is illegal or cannot be supported by the evidence; or

the disciplinary proceedings conducted by the disciplinary officer were not in accordance with any provision in this Part or the Police Regulations,and, where appropriate, refer the case to another disciplinary officer recommending that disciplinary proceedings be re-instituted against the defendant police officer; or

dismiss the defendant police officer, or order the defendant police officer’s retirement in the public interest, from the Police Force or substitute another punishment referred to in subsection (2)(b) to (h).”;

by deleting the words “specified in subsection (2)” in subsections (4) and (5) and substituting in each case the words “imposed under subsection (2), (3)(a) or (3A)(b)”;

by deleting the word “salary” in subsection (4)(b) and substituting the words “gross monthly salary”;

by deleting the word “salary” in subsection (5)(a) and substituting the word “emoluments”;

by deleting the words “commanding officer” in subsection (5)(a) and substituting the words “disciplinary officer”;

by deleting the words “injury to” in subsection (5)(b) and substituting the words “damage to”;

by deleting subsection (6) and substituting the following subsection:“(6) Where an order is made by a disciplinary officer under subsection (2), (3)(a), (3A)(b), (4) or (5) against a police officer below the rank of inspector, that police officer may, not later than the 30th day after the date the order is served on the police officer, appeal to a Disciplinary Appeal Committee against any punishment imposed by, or against any finding of guilt in, the disciplinary officer’s order.”;

by deleting the words “any punishment awarded, the punishment” in subsection (7) and substituting the words “any order under subsection (2), (3)(a), (3A)(b), (4) or (5), the punishment awarded by that order”;

by deleting subsection (8) and substituting the following subsection:“(8) A Disciplinary Appeal Committee may determine an appeal under subsection (6) against an order of a disciplinary officer —

by confirming any finding of guilt or punishment ordered by the disciplinary officer;

by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Disciplinary Appeal Committee is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re-tried by another disciplinary officer;

by replacing any finding by the disciplinary officer that, in the opinion of the Disciplinary Appeal Committee, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or

by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment shall be ordered unless the appellant has been given a reasonable opportunity of being heard,and the decision of the Disciplinary Appeal Committee in any such appeal is final.”;

by inserting, immediately after the words “ordered to be retired” in subsection (9), the words “in the public interest”; and

by deleting the words “his pay” in subsection (10)(a) and substituting the words “the whole or part of any of his emoluments”.