- Reference – > Attorney-General’s Chambers
- Section 24 of the Criminal Procedure Code (Cap 68) (‘CPC’) requires a police officer or other person making an arrest, to actually touch or confine the body of the person to be arrested, unless there is a submission to the custody by word or action. If arrest is resisted, or an attempt made to evade the arrest, the officer may use all means necessary to effect the arrest. Where there is submission the use of force is not permitted.
Simultaneously, s 28 of the CPC provides that the person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
The principle is clear:
Restraint may be imposed where it is reasonably apprehended that the prisoner will attempt to escape. The restraint should be sufficient and necessary to prevent escape. Weapons may be used only against prisoners using violence or when the police officer has reasonable ground to believe that a police officer is in danger of life or limb or that grievous hurt is likely to be caused to him
- Without any facts established, some “experts” already condemning the law enforcers.
Pre-judging before knowing the details does no one any good. It is especially bad for law enforcers. It will be a sad day when law enforcers begjn to do what they think the public expect of them instead of what they think is in the interest of the public.