S.L. 411.1 Art. 9Offences against discipline by members of the Force.

(1) Any member of the Force who commits any of the offences set out in the First Schedule shall be guilty of an offence against discipline.

(2) (a) Disciplinary proceedings shall be regulated according to article 110 of the Constitution.

(b) Where any powers are delegated according to article 110 of the Constitution to the Director General of Civil Protection to exercise disciplinary action, the Director General of Civil Protection shall adopt the following provisions:

(i) The Director General of Civil Protection shall appoint a senior officer to collect the evidence and to recommend the relative punishment applicable in the case, if any.

(ii) The Director General of Civil Protection may not conduct such proceedings where he is a direct witness of the fact alleged and has to give evidence on oath.

(iii) The Director General of Civil Protection or a senior officer shall have the power and authority to hear evidence on oath, and a warrant signed by him shall be equivalent to a subpoena issued to compel a witness to attend or to produce documents.

(iv) No person summoned as a witness shall be obliged to answer any question or produce any document which may tend to incriminate him and every such person shall, in respect of any evidence given by him in the enquiry, be entitled to all the privileges to which a witness giving evidence before the Court of Magistrates in criminal matters is entitled in respect of evidence given by him before such court.

(v) Any person who, in evidence on oath before the Director General of Civil Protection or a senior officer, gives false evidence, shall be guilty of a criminal offence and shall be liable, on conviction, to a term of imprisonment not exceeding two years and to general interdiction.

(3) In proceedings as are mentioned in subregulation (2)(b) the Director General of Civil Protection shall ensure that:

(a) an officer higher in rank than the officer charged shall be detailed to represent the Department and produce the evidence in support of the charge;

(b) the officer charged may defend himself in person, or through the assistance of another officer of his own choice, or of a representative of a trade union.

(4) (a) The officer charged may summon witnesses on his own behalf, and cross examine witnesses brought against him.

(b) The Director General of Civil Protection or senior officer shall hear final submissions, both on the merits and on the punishment awardable, from the prosecution and the defence before giving his decision and awarding punishment, if any.

(c) The rules of evidence which would be applicable in a court of law shall apply to such proceedings, and summary notes are to be taken by the presiding officer, signed by him, and attached to the records of the case.

(5) The senior officer appointed by the Director General of Civil Protection according to subregulation (2)(b) shall always transmit to the Director General of Civil Protection the relative file together with his opinion therein about the merits of the case and the punishment, if any, recommended by him, and the Director General of Civil Protection may adopt the recommendation or reform it either by acquitting the officer charged or reducing the punishment, if any.

(6) Before deciding on a case the Director General of Civil Protection shall, within seven days of the transmission of the recommendation to him by the senior officer in accordance with subregulation (5), notify the officer charged as to the punishment, if any, to be awarded and the officer may, if he is not in agreement with the said recommendation, within seven days from the notification, make written representations to the Director General of Civil Protection, or to the Permanent Secretary at the Ministry in the event that the disciplinary case was heard by the Director General of Civil Protection himself. The decision of the person to whom the appeal is made shall be final.

(7) The Director General of Civil Protection may with the approval of the Minister make rules regarding the procedure to be followed in the preliminary hearing into an allegation of a disciplinary offence.

(8) Any disciplinary proceedings taken against a member of the Force shall be without prejudice to any proceedings which may be taken against him under the provisions of the Criminal Code or any other law and any proceedings taken under any of such laws shall be without prejudice to any such disciplinary procedures for the same fact.

(9) All penalties imposed in respect of offences against discipline shall be recovered from the offender’s pay which is due or is to become due; provided that the Director General of Civil Protection may, after taking into consideration the number of the dependants of the officer and other similar factors, spread the payment of such penalty over a number of monthly instalments not exceeding the equivalent of one day’s salary of the offender or may give him the option to compensate through extra hours to be worked.