44 Offences by constables.S
(1)Any constable who wilfully absents himself from duty otherwise than in accordance with regulations made under Part II of this Act shall be guilty of an offence.
(2)Any constable [F1or police custody and security officer] who neglects or violates his duty shall be guilty of an offence.
(3)Any constable [F2or any such officer] who fails without reasonable excuse to return to his chief constable (or other person appointed by the chief constable for the purpose), immediately upon being ordered to do so, any accoutrements or clothing which have been issued to him for the execution of his duty shall be guilty of an offence.
(4)Any person who has been a constable [F3or such an officer] of a police force and has failed without reasonable excuse to return to the chief constable of that force (or other person appointed by the chief constable for the purpose), when he ceased to be a constable [F3or such an officer] of the force, any accoutrements or clothing which were issued to him for the execution of his duty shall be guilty of an offence.
(5)Any person guilty of an offence against this section shall, without prejudice to the operation of any regulation made under this Act, or to any civil proceedings, be liable on summary conviction to a fine not exceeding [F4level 3 on the standard scale] or to imprisonment for a period not exceeding sixty days.
Textual Amendments
F1Words in s. 44(2) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(7)(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 44(3) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(7)(b), 89(2); S.S.I. 2003/288, art. 2, Sch.
F3Words in s. 44(4) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(7)(c), 89(2); S.S.I. 2003/288, art. 2, Sch.
F4Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 7D and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (1.4.1996) that s. 44(5) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 3 on the standard scale or 60 days instead of a fine not exceeding £10