A 10
CAP. 232]
[Subsidiary]
Police (Discipline) Regulations
[1982 Ed.
(c) where the appropriate tribunal has sent the Defaulter Report to him because it considers the punishment which it can award is insufficient, make an award which he shall announce personally or communicate in writing to the defaulter.
(2) A senior police officer shall not act under paragraph (1) if he has originated or assisted in the investigation of the complaint leading to the proceedings.
(3) A senior police officer shall not-
(a) substitute for any award made by an appropriate tribunal any greater award without first calling on the defaulter to show cause why such award should not be increased; or
(b) substitute for a finding of not guilty a finding of guilty; or
(c) order a rehearing where the finding was one of not guilty.
(4) A senior police officer acting under this regulation shall announce personally or communicate in writing to the defaulter the action taken by him, and shall forward the Defaulter Report to the Force Discipline Officer.
(5) Within 14 days of the receipt by him of a Defaulter Report forwarded to him under paragraph (4) the Force Discipline Officer shall, except where a senior police officer has ordered a rehearing of the case under paragraph (1)(a)(iii)—
(a) in respect of the finding-
(i) confirm the finding; or
(ii) vary the finding and substitute any finding which the appropriate tribunal could have made on the evidence adduced; or
(iii) subject to paragraph (6)(c), set aside the finding and order a rehearing of the case on the same or other charges by another appropriate tribunal;
(b) in respect of any award, where he confirms or varies the finding--
(i) if no punishment was awarded, award any punishment that he is empowered to award; or
(ii) confirm the award; or
(iii) remit the award; or
(iv) subject to paragraph (6)(a) and (b), substitute any other award that the senior police officer is empowered to award.
(6) The Force Discipline Officer shall not-
(a) substitute for any award made any greater award without first calling on the defaulter to show cause why such award should not be increased; or
(b) substitute for a finding of not guilty a finding of guilty; or
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Page 11
A 10
CAP. 232]
[Subsidiary]
Police ( Discipline) Regulations
[1982 Ed.
(c) where the appropriate tribunal has sent the Defaulter Report to him because it considers the punishment which it can award is insufficient, make an award which he shall announce personally or communicate in writing to the defaulter.
(2) A senior police officer shall not act under paragraph (1) if he has originated or assisted in the investigation of the complaint leading to the proceedings.
(3) A senior police officer shall not-
(a) substitute for any award made by an appropriate tribunal any greater award without first calling on the defaulter to show cause why such award should not be increased; or
(b) substitute for a finding of not guilty a finding of guilty; or
(c) order a rehearing where the finding was one of not guilty.
(4) A senior police officer acting under this regulation shall announce personally or communicate in writing to the defaulter the action taken by him, and shall forward the Defaulter Report to the Force Discipline Officer.
(5) Within 14 days of the receipt by him of a Defaulter Report forwarded to him under paragraph (4) the Force Discipline Officer shall, except where a senior police officer has ordered a rehearing of the case under paragraph (1)(a)(iii)—
(a) in respect of the finding-
(i) confirm the finding; or
(ii) vary the finding and substitute any finding which the appropriate tribunal could have made on the evidence adduced; or
(iii) subject to paragraph (6)(c), set aside the finding and order a rehearing of the case on the same or other charges by another appropriate tribunal;
(b) in respect of any award, where he confirms or varies the
finding--
(i) if no punishment was awarded, award any punish- ment that he is empowered to award; or
(ii) confirm the award; or
(iii) remit the award; or
(iv) subject to paragraph (6)(a) and (b), substitute any other award that the senior police officer is empowered to award.
(6) The Force Discipline Officer shall not-
(a) substitute for any award made any greater award without first calling on the defaulter to show cause why such award should not be increased; or
(b) substitute for a finding of not guilty a finding of guilty; or
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