GIS – April 17, 2013. The Attorney General, Mr Y. Varma, introduced on Tuesday 16 April, the Police and Criminal Bill in the National Assembly.
The main objects of this Bill are to bring together in one enactment, subject to certain exceptions, the provisions which relate to the exercise by police officers of the powers to stop, enter, search, seize, arrest and detain; and the treatment and questioning of detainees.
It also provides for a statutory basis for provisional information; and amends certain provisions relating to evidence in criminal proceedings. The Bill sets out the provisions so as to better guarantee the citizen’s constitutional rights to liberty, protection of property, freedom of movement and protection of the law. The Bill accordingly limits the power of a private person to make an arrest.
This Bill provides that a person shall not be arrested on the basis of an allegation without an enquiry being carried out. The Bill also increases the penalty for non-attendance of witnesses; gives the Court a general power to exclude unfair evidence; makes it an offence to interfere with witnesses or potential witnesses in criminal matters; and provides for its enforcement.
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