Singapore legislation
Regulation 23
Regulation 23
Disciplinary proceedings against special police officer
Subregulation 1
If, as a result of an investigation, a disciplinary offence is disclosed against a special police officer, then —
unless the case is earlier referred for prosecution under sub-paragraph (b) and a prosecution ensues thereafter, the special police officer may be charged and the special police officer must attend a disciplinary proceeding in accordance with this regulation; or
the special police officer may be prosecuted under section 77(1) of the Act following a referral by the Commissioner to the Public Prosecutor.
Subregulation 2
The charge shall describe the offence in the terms of the act in such manner as to identify the act or omission complained of.
Subregulation 3
Every charge shall be read and explained to the special police officer and he or she shall be asked if he or she pleads guilty or claims to be tried.
Subregulation 4
Where there are 2 or more charges the special police officer shall be called upon to plead separately to each charge, and his or her reply shall be clearly and separately recorded in respect of each charge.
Subregulation 5
A charge may be amended or altered at any time before the finding.
Subregulation 6
Every alteration made to the charge shall be read and explained to the officer concerned and he or she shall be called upon to plead anew to the altered charge and to justify any demand he or she may make for additional time to prepare his or her defence.
Subregulation 7
If the officer concerned pleads guilty, the disciplinary officer conducting the disciplinary proceedings may accept the plea and record a conviction against him or her.
Subregulation 8
When a conviction has been recorded, the disciplinary officer conducting the disciplinary proceedings may, after having taken into account any statement in mitigation, proceed to sentence him or her in accordance with the powers of the disciplinary officer under the Act.
Subregulation 9
If the officer concerned claims to be tried, all the evidence shall be given in his or her presence and all exhibits may be seen by him or her, and the officer concerned —
shall be allowed to cross-examine all witnesses for the prosecution;
may give evidence in his or her defence and call any witness to give evidence on his or her behalf; and
as well as his or her witnesses, may be cross-examined by the prosecution.
Subregulation 10
Evidence shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative, but the disciplinary officer conducting the proceedings may in his or her discretion take down any particular question and answer.
Subregulation 11
The evidence of each witness shall be signed and dated by the disciplinary officer conducting the disciplinary proceedings and by the interpreters, if any.
Subregulation 12
If the disciplinary officer conducting the disciplinary proceedings makes a finding of not guilty, he or she shall acquit the officer concerned immediately.
Subregulation 13
If the disciplinary officer conducting the disciplinary proceedings makes a finding of guilty, he or she shall record a conviction against the officer concerned and shall impose on that officer any punishment as authorised under the Act.