63CRemoval and variation of suspension

63C Removal and variation of suspension

(1) Where an officer has been suspended from duty under section 63B, the suspension may be removed in accordance with this section, but, subject to paragraph 63R(1)(e), shall not otherwise be removed, revoked or rescinded. (2) Where an officer is suspended from duty under section 63B:

(a) the relevant Secretary may:

(i) at any time, upon application by the officer or otherwise, remove the suspension; or

(ii) if the relevant Secretary is satisfied that the officer is suffering or has suffered hardship—subject to any determination under section 82D, direct that the officer be paid the whole or part of the officer’s salary for the whole or part of the period of the officer’s suspension; and

(b) the relevant Secretary shall, if the suspension continues for more than 30 days, forthwith after the suspension has continued for more than 30 days, consider whether the suspension should be removed, or a direction should be given, under paragraph (a).

(3) Where, after an officer has been directed to perform temporarily other duties, or has been suspended from duty, in circumstances referred to in paragraph 63B(1)(b):

(a) the officer is charged with a failure, or with 2 or more failures, to fulfil his duties as an officer and the charge or each charge is found not to have been proved by the officer holding the inquiry or by a Disciplinary Appeal Committee or is withdrawn; or

(b) an officer authorized for the purposes of subsection 61(2) decides that the officer should not be charged with any such failure;

the relevant Secretary shall, if the direction has not previously been revoked or the suspension has not previously been removed, revoke the direction or remove the suspension, as the case requires. (4) Where:

(a) an officer has, by reason of his having been charged with a criminal offence or with 2 or more criminal offences, been directed to perform temporarily other duties, or been suspended from duty, under subsection 63B(1); and

(b) a condition specified in subsection (5) is fulfilled in respect of the charge, or of each of the charges, as the case may be;

the relevant Secretary shall, if the direction has not previously been revoked or the suspension has not previously been removed, revoke the direction or remove the suspension, as the case requires. (5) For the purposes of paragraph (4)(b), the conditions in respect of a charge are:

(a) the condition that, upon the hearing of the charge, the officer neither pleads guilty to the charge nor is found guilty of the criminal offence with which he is charged or of any other criminal offences established by the evidence given upon the hearing of the charge; and

(b) the condition that the charge is not proceeded with.