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Page:Police Force Act 2004.pdf/51

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POLICE FORCE
51


(11) Any person sentenced to detention under this Act shall, unless otherwise provided for in the Special Constabulary Regulations, serve his sentence in a detention barrack.

Arrest for disciplinary offences after discharge

83. The Commissioner, or a commanding officer in relation to a person who is a former special police officer discharged from the Special Constabulary in the circumstances specified in section 72(2), may issue a warrant for the arrest of the person where—

(a) he suspects, on reasonable grounds, that the person has committed a disciplinary offence or an offence under this Part before the person’s discharge; and
(b) he believes, on reasonable grounds, that the arrest of the person is necessary to ensure the appearance of the person before a disciplinary officer or that the person will not appear before a disciplinary officer.

Disciplinary proceedings after discharge

84.—(1) Subject to section 115, where an offence under this Part or a disciplinary offence has been committed, or is reasonably suspected of having been committed, by any special police officer (other than a volunteer) before his discharge from the Special Constabulary in the circumstances specified in section 72(2), then notwithstanding his discharge, he shall be treated, in relation to that offence, for the purposes of this Act relating to—

(a) arrest, keeping in custody, investigation of charges; and
(b) trial and punishment by a disciplinary officer, including review and execution of sentences,

as if he is still a member of the Special Constabulary and a special police officer and as continuing to be subject to this Act.

(2) Where, while a person is in service custody by virtue of this section (whether before, during or after trial) he commits, or is reasonably suspected of having committed, an offence which if he were subject to this Act would be a service offence, then in relation to that offence or suspected offence he shall be treated, for the purposes of this Act mentioned in subsection (1) and the provisions thereof as to the dealing