Bill passed granting more powers to CAD officers, greater liability protection for police, among other changes

• The Police Force (Amendment) Bill was passed after a debate involving seven MPs
• Among the concerns raised was whether civilian officers have the expertise to handle police duties
• The authorities said that civilian officers ‘undergo rigorous training and tests’ before they are allowed to perform frontline duties

SINGAPORE — Wide ranging amendments to the Police Force Act were passed in Parliament on Tuesday (Aug 3), with moves to grant additional powers to Commercial Affairs Department (CAD) officers and protection for the police from liability for acts done “in good faith and with reasonable care” among changes which drew scrutiny from Members of Parliament (MPs).

Several MPs, for instance, asked for the rationale of giving such powers to the civilian officers from CAD and whether they have the relevant expertise to take on the additional duties.

In response, Minister of State in the Ministry of Home Affairs Desmond Tan noted a recent uptick in financial and commercial crime and said the changes were necessary so that the CAD officers can perform their duties. They would also enhance operational efficiency, he said.

The amended law grants the CAD officers powers such as the power to arrest persons who possess anything reasonably suspected to be fraudulently obtained, and the power to issue bail and bonds.

Radin Mas Single Member Constituency MP Melvin Yong raised concerns on whether the additional powers granted to the CAD officers will come with risks.

He asked if these officers would need to be armed to protect themselves, or if they will need to learn defence tactics and pass the yearly Individual Physical Proficiency Test (IPPT) or be assessed for their Physical Employment Standards (PES) status like regular police officers do.

Mr Tan replied that the CAD officers are required to “undergo rigorous training and tests on safely conducting arrests and self-defence, before they are allowed to exercise this power at the frontline”.

“For now, we assess that the training is adequate to meet our operational needs, and it is not necessary to set an IPPT or PES requirement for (CAD officers),” Mr Tan said.

He also clarified that the officers will not be given full policing powers.

“While CAOs will be given more powers of arrest, search, and other administrative powers, they will not be given powers not relevant to their work, such as the power to seize offensive weapons,” he said.

The Workers’ Party’s Sylvia Lim asked why CAD officers had been given the powers, and if a shortage of manpower was a factor.

Ms Lim, an MP for Aljunied Group Representation Constituency (GRC), noted that CAD has had police officers attached to it “precisely because the (CAD officers’) powers were limited”.

Responding, Mr Tan said CAD has about 130 commercial affairs officers and 90 regular police officers, and that these figures have remained stable in the last five years.

He added that having both types of officers in CAD helps to achieve its operational objectives, as the police can leverage the specialised knowledge of the commercial affairs officers in the areas of accounting and finance, while tapping the broader investigation skills that regular police officers have acquired from investigating into a wider range of crimes.

PROTECTION FROM LIABILITY

The amended law also means that SPF personnel such as police officers, senior police officers and commercial affairs officers will be protected from liability for acts and omissions “done in good faith and with reasonable care”, even if their actions may result in injury or damage to property.

Tampines GRC MP Desmond Choo asked what constitutes “good faith and reasonable care”, and if there are examples of officers that did not act in such a way.

Responding, Mr Tan said that the “constantly changing operating environments and standards in response to ever-evolving security threats” will be taken into account in subsidiary legislation to allow for “greater flexibility to make refinements over time”.

He added that examples of acts not done in good faith and reasonable care include if police officers receive a tipoff that a suspect of a crime is in a building and immediately effect forced entry to arrest him without first attempting to verify if he was actually inside.

Another example would be if a police officer fails to respond to and investigate a distress call by an individual known to SPF as being the target of repeated physical domestic violence, and the individual then dies from injuries from the abuser.

“I want to emphasise that the protection that we will be according to officers is not unconditional, and is subject to them acting in good faith and with reasonable care,” said Mr Tan.

This will allow law enforcement officers to carry out their duties “without the distractions and concerns about getting sued or being held liable for injuries or damage to property”, he added.

EMPOWERING CIVILIAN OFFICERS

Another amendment allows the Commissioner of Police to delegate his and his Deputy Commissioners’ powers to civilian officers in leadership positions. Previously, the commissioner could delegate these powers only to police officers in leadership roles.

However, some powers will continue to be non-delegable, including those under the Public Order and Safety (Special Powers) Act.

Several MPs had raised concerns about the passing down of police powers to civilian officers.

For instance, Ms Lim asked if the civilian officers that duties are passed down to may have the necessary experience and credibility to exercise such command responsibilities

Responding, Mr Tan said that SPF already has civilian officers in leadership positions who assume command duties, such as the directors of the CAD.

“The benefit of civilianising more leadership posts is that SPF can draw from a wider range of experiences, competencies and perspectives, beyond the pool of uniformed officers,” he said.

Pasir Ris–Punggol GRC MP Sharael Taha asked under which circumstances will the Commissioner of Police deem it necessary to delegate these powers to a civilian officer instead of a police officer.

Responding, Mr Tan said that the clause is intended to allow the Commissioner of Police to delegate more administrative powers, such as to issue internal orders to civilian officers in leadership positions.

For instance, civilian leaders such as the CAD director will be able to directly issue standard operating procedures on managing suspects of commercial and financial crimes.

“Currently, he will need to ask a police officer to do so on his behalf,” said Mr Tan. “Once this provision comes into force, he will no longer need to do so, thus improving operational efficiency.”

MPS’ OTHER CONCERNS

Another change is tougher penalties for offenders evading police roadblocks.

Radin Mas MP Mr Yong asked why the maximum jail term for evading roadblocks had jumped from one year to seven years.

Mr Tan said that from 2016 to last year, police conducted about 8,000 roadblocks per year, and in that period, there were 33 cases of roadblock evasion where the offender was convicted or issued with a stern warning.

Of these, two cases resulted in injury to police officers.

The increased penalties will “significantly strengthen the deterrence against roadblock evasion”, said Mr Tan.

The amended law will also allow police officers to forcibly enter premises during emergencies to protect persons from injury or death.

This power was previously reserved for rescue personnel such as paramedics and firefighters, which had meant police officers who arrive at the scene having to wait for other emergency responders to arrive.

Mr Sharael asked for the clarity of the definition of a “medical emergency”.

Mr Tan said that given that each case of medical emergency is unique and time-sensitive, instead of having prescriptive conditions, police officers will “take into consideration a variety of factors before making forced entry”.

For instance, they may look out for signs of distress such as audible shouts for help, and seek more information from next-of-kin and neighbours to further assess the situation.