Division 4 of Part IV of the Police Act 1998 contains the machinery provisions that support the discipline system.
Section 28 — suspension
Where —
(a) a disciplinary offence or suspected disciplinary offence is such; or
(b) the circumstances in which a disciplinary offence or suspected disciplinary offence are committed are such,
that the member should not continue in the performance of his duty, the Commissioner may suspend the member from duty.
A suspected offence is enough. No charge need have been laid, and no finding made.
Two alternative bases. Either the nature of the offence, or the circumstances in which it was committed. The second limb allows suspension where the conduct itself is not grave but the setting makes continued duty untenable — for example where the complainant is a colleague, or where the member would otherwise be investigating the matter.
The test is functional. Not whether the member is likely to be found guilty, but whether they should not continue in the performance of duty.
The power is the Commissioner’s. Under section 17 it may be delegated in writing.
(2) Suspension may be effected before, at the time of, or after the laying of a charge, and may be lifted by the Commissioner.
(3) Where a charge is not sustained, the suspension shall be lifted immediately on a finding to that effect.
Subsection (3) is mandatory. Once a disciplinary officer reports that the charge is not sustained and the Commissioner concurs, or the second officer’s review under section 25(4) so recommends, the suspension ends at once.
Section 29 — pay during suspension
(1) A member suspended in connection with a charge of a disciplinary offence is entitled to receive pay during the period of suspension unless he absconds or the Commissioner orders otherwise.
(2) Pay shall be at the member’s full rate or at such proportion of the full rate as the Commissioner may determine.
The contrast with section 32 is stark:
- Disciplinary suspension (s 29) — the member is entitled to pay unless they abscond or the Commissioner orders otherwise. Pay is the default.
- Criminal charge suspension (s 32(2)) — unless the Commissioner otherwise directs, the member shall not receive any pay. No pay is the default.
The presumption reverses depending on which kind of charge triggered the suspension. A member suspended on a disciplinary matter should confirm at the outset which section is being relied on, because the financial consequence differs entirely.
Note also that section 29(2) allows pay at a proportion of the full rate, so the entitlement is not necessarily to full pay.
Section 30 — deduction of fines from pay
(1) Where a fine or pecuniary penalty is imposed under this Act, the amount may be deducted from the pay of the member.
(2) A deduction shall be made by instalments each not exceeding 25% of the pay payable from time to time to the member.
(3) All fines and penalties imposed and recovered under this Act shall be paid into the Consolidated Revenue Fund.
It applies to fines under section 22(1)(c) and section 26(1)(a), and to any other pecuniary penalty under the Act. A member cannot be left without income by a single deduction.
Note that fines go to the Consolidated Revenue Fund, not to the Force. There is no financial incentive for the Force in imposing them.
The penalties of forfeiture of pay under sections 22(1)(e) and 26(1)(c) are a different mechanism — pay is forfeited rather than a debt deducted — and section 30 does not in terms apply to them.
Section 31 — where a member’s address is unknown
| Method | Deemed served |
|---|---|
| (1)(a) Posting to the last known postal address | The day it would in the ordinary course of post be expected to be delivered — s 31(4) |
| (1)(b) Leaving it at the last known residence | The day it was left — s 31(5) |
| (1)(c) Personal delivery to the member’s mother, father, brother or sister | The day of delivery — s 31(6) |
| (2) Advertisement once in a newspaper circulating where the member was last known to reside, or in the National Gazette | Seven days after publication, or such greater period as the advertisement specifies — s 31(3) |
Paragraph (1)(c) — delivery to a parent or sibling — is unusual in a service provision, and reflects the reality that a member may be uncontactable at any recorded address while remaining in touch with family.
Section 31 applies to a member or former member, so it also covers a person who has already left the Force.
The advertisement route under subsection (2) is available only where service cannot reasonably be effected under subsection (1).
Section 31 is incorporated into the charging process by section 23(4)(b): a charge is deemed furnished where personal service is unreasonable because of distance or any other factor and the section 31 procedure has been followed. Where that route is used, section 23(5) gives the member 28 days to reply rather than 14.
Sources
- Police Act 1998 — ss 17, 22–26, 28–32
- 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.