63MCriminal offences

##### 63M Criminal offences (1) Where: (a) a court has, after 15 September 1980, convicted an unattached officer of a criminal offence, or found, without recording a conviction, that an unattached officer has committed such an offence; and (b) a person selected by the Board from among the persons specified in a prescribed class of persons is of the opinion that, having regard to the nature and seriousness of the offence and to the circumstances in which it was committed he is justified in doing so in the interests of the Service; the person referred to in paragraph (b) may counsel the officer or may give one of the following directions: (c) a direction that the officer’s classification be reduced to a specified lower classification and, if a range of salary is applicable to the lower classification, specifying the rate at which salary payable to the officer is to be paid; or (d) a direction that the officer be dismissed from the Service. (2) Where a person gives a direction under subsection (1) in relation to an officer, he shall furnish to the officer particulars of his reasons for giving the direction. (3) The fact that an unattached officer is, or is not, counselled, or that other action is, or is not, taken against the officer, under this section, in respect of a criminal offence shall not be taken to preclude the Board or another body, or a Secretary or another person, from having regard to the conviction or finding, to the nature and seriousness of the offence and to the circumstances in which the offence was committed in the course of exercising a power or performing a function conferred on it or him by this Act or by the regulations if those matters are relevant to the manner in which the power should be exercised or function should be performed. (4) Nothing in subsection (3) shall be taken to authorize the charging of an unattached officer under section 63L, and the taking of action in respect of the unattached officer under this section, in relation to the same matter. (5) If: (a) a court: (i) convicts a person who is an unattached officer of a criminal offence; or (ii) without recording a conviction, finds that a person who is an unattached officer has committed a criminal offence; and (b) before a decision is made in relation to the person under subsection (1), the person ceases to be an unattached officer but remains an officer; this Subdivision continues to apply to the person in relation to the conviction or finding, and any action may be taken by or against the person under this Subdivision in relation to the conviction or finding, as if the person were still an unattached officer.