Acts outlining new Police powers tabled
New powers giving Police the right to stop and search people for stolen and prohibited articles have moved a step closer after being tabled by the Government in the House of Assembly.
They form part of the 109-page bill entitled the Police and Criminal Evidence Act 2005.
The bill has been years in the drafting and borrows heavily from the UK Police and Criminal Evidence (PACE) Act of 1984, which codifies Police powers.
If enshrined in law the bill will give Police power to stop and search both people and vehicles if they suspect there could be stolen or prohibited articles, which are defined as offensive weapons or articles made or adapted for burglary, theft or car theft, in them
Under PACE,the stop and search powers only apply to public places, yards and gardens.
Police must have ?reasonable grounds? for believing a suspect has stolen or prohibited articles. And in the case of searches in gardens or yards, the officer must believe the suspect to be a trespasser.
A code of practice will clarify reasonable grounds for suspicion and the officer must write the details of his search.
Defence lawyers are likely to welcome the provision forbidding detention without charge after 24 hours ? unless someone at least of the rank of Chief Inspector or the officer in charge of the station where the suspect is being detained has extended it to 36 hours.
A Magistrates? Court can extend that further but the limit of detention without charge is 96 hours.
Senior Police officers will be allowed to authorise intimate searches of suspects thought to be concealing harmful objects or drugs, but these can only be carried out with the suspect?s consent.
Inferences can be later drawn in court for suspects who don?t comply with the request.
And there is provision for the taking of urine or non-intimate samples from those suspected of drugs offences. Failure to comply renders a suspect liable to prosecution.
The PACE bill was tabled alongside two associated small bills, one of which seeks to change the distinction between a felony and a misdemeanour in criminal law and the other to change definitions of offences have been proposed by the Government.
Two bills have been tabled that will alter the interpretation of certain legal terms.
The Criminal Law (Abolition of Distinction Between Felony and Misdemeanour) Bill 2005 seeks to abolish the distinction between felonies and misdemeanours for all purposes of the law, particularly in relation to the powers of arrest.
The Interpretation Amendment Bill 2005 seeks to provide new definitions for the expressions ?indictable offence? and ?summary offence?. It also introduces a new definition of ?offence triable either way? which is defined as an offence that can be tried summarily or on indictment.
All three bills are expected to be debated at a later date.