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]
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