POLICE ACT (as amended) (d) imprisoned under a decree of civil imprisonment; shall be reckoned as part of such member’s period of service unless the Commissioner otherwise directs: Provided that, unless the Commissioner otherwise directs, such member shall not be entitled to Provided that where the trial is held before an officer or a board of officers, the accused shall be entitled to be represented and assisted by a member. his salary or allowances during any period specified in paragraph (a), (b), (c) or (d). 45 Legal representation of accused at trial At all trials held under this Act, the accused shall be entitled to be represented and assisted by a registered legal practitioner: not the execution of such sentence is suspended, the Commissioner may— (a) discharge the member, in which case the discharge may take effect from the date of his conviction; or (b) impose any one or more of the following penalties— (i) reduction in rank; (ii) loss of seniority; (iii) withholding of an increment of salary; or (c) reprimand the member. 46 Place of trial of member by magistrate The trial of any member before a magistrates court in terms of this Act shall be held in a police camp or police station. 47 Suspension of members (1) The Commissioner may suspend a member— (a) pending his trial or after his conviction for any offence, whether under this Act or otherwise; or (b) pending the holding of a board of an inquiry in terms of section fifty; or (c) where the Commissioner is considering acting in terms of subsection (4) of section fifty. (2) A member shall be deemed to have been suspended while he is under arrest or is serving a sentence of imprisonment. (3) While a member is on suspension in terms of subsection (1) or (2)— (a) he shall not cease by reason of such suspension to be a member; and (b) the powers, functions and authority vested in him as a member shall be in abeyance; and (c) he shall continue to be subject to the same responsibilities, discipline and penalties as if he had not been suspended. (4) The suspension of a member in terms of subsection (1) may be terminated at any time by the Commissioner. 49 Discharge following conviction or inquiry An officer who is— (a) convicted of any offence and sentenced therefor to imprisonment without the option of a fine whether or not the execution of such sentence is suspended; or (b) found to be unfit to remain in the Police Force as the result of an inquiry conducted in terms of section fifty or in terms of the Commissions of Inquiry Act [Chapter 10:07]; may be discharged from the Police Force by the President, acting on the advice of the Minister tendered after consultation with the Commissioner. 50 Board of inquiry: procedure where member unsuitable or unfit to remain in Regular Force or to retain his rank, seniority or salary (1) A board of inquiry consisting of not less than three officers of such rank not being below that of superintendent, as may be considered necessary by the Commissioner, may be convened by the Commissioner to inquire into the suitability or fitness of a Regular Force member to remain in the Regular Force or to retain his rank, seniority or salary: 48 Procedure on conviction of member for certain offences If a member, other than an officer, is convicted of any offence and sentenced therefor to imprisonment without the option of a fine, whether or [Chapter 11:10] 14 Reissue

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