POLICE ACT (as amended)
attend at the time and place specified in the
subpoena or to remain in attendance until excused
from attendance by the presiding officer, or if any
person when lawfully required to do so under this
section, without sufficient cause, refuses to produce any book, document or thing in his possession or custody or under his control, he shall be
guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and
such imprisonment.
[Subsection amended by s. 4 of Act 22/2001]
(4) Any witness who, after having been sworn,
makes a false statement at any trial before an
officer or board of officers, knowing or believing it
to be false, shall be guilty of an offence and shall
be liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding two years
or to both such fine and such imprisonment.
[Subsection amended by s. 4 of Act 22/2001]
37 Penalty for contempt of officer or board
of officers
If any person wilfully insults an officer or a
board of officers during a trial in terms of this Act,
or wilfully interrupts the proceedings of any such
trial, or, on being subpoenaed or examined as a
witness before an officer or a board of officers,
refuses to be sworn or to answer any lawful question, he shall be guilty of an offence and liable to a
fine not exceeding level five or to imprisonment
for a period not exceeding six months or to both
such fine and such imprisonment.
[Section amended by s. 4 of Act 22/2001]
38 Certain provisions of Cap. 9:07 not to
apply in prosecutions
Sections 356 to 359 of the Criminal Procedure
and Evidence Act [Chapter 9:07] shall not apply
in any prosecution under this Act against a member.
39 Penalties recoverable by stoppages
from pay
Any penalty imposed under this Act upon a
member, may be recovered by stoppages from the
pay of such member.
40 Liability of person for offence
committed while member
If any person, while a member, has committed
an offence under this Act and has subsequently
September 2003
13
ceased to be a member, this Act shall apply to him
in respect of such offence as though he were a
member.
41 Completion of sentence of
imprisonment before vacation of office
If a person ceases to be a member while undergoing any sentence of imprisonment imposed
under this Act, the sentence shall remain valid and
binding, and the person shall undergo and complete the sentence unless otherwise discharged
therefrom.
42 Places of imprisonment and issue of
warrants
(1) Any member charged with or convicted of
an offence under this Act may be imprisoned,
before or after conviction, in any place set apart by
the Commissioner as a guard room, police cell or
lock-up or may be removed to the nearest prison,
and any guard room, police cell or lock-up in
which such person is imprisoned shall be deemed
to be a prison for the purposes of any enactment
relating to the commission of offences by persons
committed to any prison.
(2) If a member is removed to a prison in terms
of subsection (1), a remand warrant or warrant of
conviction or of committal, as the case may be,
shall be issued under the hand of an officer and
shall be in the form, as near as is material, of those
in use in a magistrates court and any such warrant
shall be good and valid in law and the officer-incharge of the prison to whom any such warrant is
addressed shall act in accordance with the terms of
the warrant.
43 Power to arrest members
Any member found committing an offence in
terms of this Act or is alleged to have committed
or is suspected of having committed any such
offence may be arrested and taken into custody.
44 Period of illegal absence or
imprisonment to count as service
The period during which a member is—
(a) absent without leave; or
(b) imprisoned or detained pending trial at
which he is thereafter convicted; or
(c) imprisoned after his conviction for any
offence; or
[Chapter 11:10]
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