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Page:Police Force Act 2004.pdf/47

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POLICE FORCE
47


No resignation when disciplinary proceedings are pending

80. Notwithstanding any other provision of this Act, no special police officer shall, without the written permission of the Commissioner, resign from the Special Constabulary during the period—

(a) when any disciplinary proceedings for a disciplinary offence or any prosecution for an offence under this Part instituted against him is pending;
(b) after notice of intention to prefer disciplinary charges or to prosecute him for an offence under this Part is given to the special police officer; or
(c) where he has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.

Division 3—Special provision for volunteers

Discipline of volunteer special police officers

81.—(1) A special police officer who is a volunteer and below the rank of assistant superintendent may be disciplined by—

(a) a police officer not below the rank of assistant superintendent; or
(b) a special police officer not below the rank of assistant superintendent,

in accordance with this Act and the Special Constabulary Regulations.

(2) A special police officer who is a volunteer and of or above the rank of assistant superintendent may be disciplined in accordance with this Act and the Special Constabulary Regulations by any police officer below the rank of Deputy Commissioner but of a higher rank than the special police officer concerned.

(3) Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer who is a volunteer and below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments: