Section 22 of the Police Act 1998 sets out what may be imposed after a finding under section 21.
Section 22(1)
(a) a caution; or
(b) a reprimand; or
(c) a fine not exceeding K40.00; or
(d) confinement to barracks for a period not exceeding 14 days — and in the case of a Cadet Officer, Constable or Probationary Constable, with or without extra drill as prescribed; or
(e) forfeiture of not more than one week’s pay.
The K40 maximum fine has not been increased since the Act commenced, and is now nominal. The substantive penalties are (d) and (e) — confinement to barracks and forfeiture of a week’s pay.
Compare the serious offence penalties in section 26: a K200 fine, reduction of salary, forfeiture of four weeks’ pay, reduction in rank, transfer to other duties or another locality, and dismissal.
That gap is why the election under section 21(2) — to have a denied allegation dealt with as a serious offence — is a significant decision.
Section 22(2) — who may not receive which penalty
| Member | Confinement to barracks — (d) | Forfeiture of pay — (e) |
|---|---|---|
| Reserve Constabulary | Not available | Not available |
| Community Auxiliary Police | Not available | Not available |
| Person in training under s 6(2) | Not available | Not available |
| Special Constable | Not available | Not available |
| Commissioned officer | Not available | Available |
| Other Regular Constabulary members | Available | Available |
Reservists, auxiliaries, trainees and Special Constables are not full-time, barracked members. Confinement to barracks presupposes barracks; forfeiture of a week’s pay presupposes a weekly salary. Members of the Community Auxiliary Police are volunteers under section 129 and may receive only an honorarium or allowance.
The exclusion of commissioned officers from confinement to barracks reflects rank: the penalty carries a connotation of correction that the Act reserves for junior ranks. The extra drill option in paragraph (d) applies only to Cadet Officers, Constables and Probationary Constables.
Sections 22(4) to (6) — review by the Commissioner
Where a penalty is imposed by a disciplinary officer, the member may, within seven days after notification of the penalty — or within such further time as the Commissioner may allow — apply in writing to the Commissioner for a review.
(a) delivery in person to a disciplinary officer; or
(b) ordinary post addressed to the Commissioner; or
(c) delivery in such other manner as the Commissioner approves,
and it is deemed to have been made on the day it is delivered or posted — not the day of receipt.
On review the Commissioner may confirm or annul the decision as to the commission of an offence, or confirm or annul the penalty, and the decision of the Commissioner is final.
Seven days is short, though the Commissioner may allow more. Posting on the seventh day is enough — section 22(5) deems the application made on posting.
Review is available only against a disciplinary officer’s decision. Where the Commissioner imposed the penalty personally under section 21, there is no one to review it.
The review can go against you. Section 22(8) provides that the power to confirm a penalty includes the power to increase or otherwise vary it in any way not inconsistent with the Act. A member seeking review of a reprimand may end up with a fine or forfeiture of pay.
Sections 22(7) to (9) — confirmation and delegation
- Section 22(7). The Commissioner may direct that a penalty of confinement to barracks imposed by a specified rank of disciplinary officers shall not be put into execution until confirmed. This is a control over the most restrictive of the minor penalties.
- Section 22(8). The power to confirm includes the power to increase or otherwise vary.
- Section 22(9). The Commissioner’s power of delegation under section 17 is limited, for the purposes of subsections (5) and (6), to delegation to a member of equal or higher rank than the disciplinary officer whose decision is under review.
Section 22(3) requires penalties imposed by a disciplinary officer to be reported to the Commissioner at such intervals as the Commissioner directs.
Section 30 governs collection: a fine or pecuniary penalty may be deducted from the member’s pay, by instalments each not exceeding 25% of the pay payable, and all fines and penalties recovered are paid into the Consolidated Revenue Fund.
The 25% cap is a real protection: a forfeiture or fine cannot be taken in a single deduction that leaves a member without income.
Where the address of a member is unknown, section 31 provides a substituted procedure for serving documents. For serious matters, see how serious offences are dealt with.
Sources
- Police Act 1998 — ss 6, 17, 20–22, 26, 30, 31, 129
- Constitution — ss 37, 59
Before relying on anything here, read the current text of the Police Act 1998 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.