Singapore legislation

Regulation 18

of Public Service (Disciplinary Proceedings) Regulations 2023

Regulation 18

New charges during inquiry

Subregulation 1

In an inquiry (whether or not by way of an oral hearing), the Commission may direct the Committee to inquire into a fresh charge against the accused officer.

Subregulation 2

In the direction, the Commission must specify whether the fresh charge is in addition to, or in substitution of, the original charge.

Subregulation 3

The fresh charge must —

(a)

arise from —

(i)

the same or substantially the same facts as the original charge against the accused officer;

(ii)

evidence given in the proceedings on the original charge; or

(iii)

the conduct of the accused officer in the proceedings on the original charge;

(b)

be definite; and

(c)

be approved by the Commission.

Subregulation 4

On receiving the direction, the Committee must immediately suspend the inquiry.

Subregulation 5

The accused officer must be given a fresh notice of charge, which must set out —

(a)

the fresh charge; and

(b)

any other matter that is proposed to be taken into consideration (including any adverse records of the accused officer).

Subregulation 6

The accused officer may, within 14 working days after the fresh notice of charge is given, reply in writing to that notice.

Subregulation 7

The Committee may resume the inquiry only after —

(a)

the accused officer has replied to the fresh notice of charge; or

(b)

the time within which the accused officer may reply to the fresh notice of charge has elapsed.

Subregulation 8

Without limiting regulation 35, the Committee may consider any evidence given in respect of the original charge if the evidence is relevant to the fresh charge.