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WEDNESDAY, MAY 27, 1992
SAID THE BILL POSSESSION OF VALUE TO THE
ON THE POWER TO SEARCH AN ARRESTED PERSON, HE PROVIDES THAT A POLICE OFFICER MAY SEARCH FOR AND TAKE THINGS WHICH HE REASONABLY SUSPECTS WILL BE OF INVESTIGATION OF ANY OFFENCE THAT THE PERSON HAS COMMITTED OR IS REASONABLY SUSPECTED OF HAVING COMMITTED.
MR STRACHAN ADDED THAT THE GENERAL POWER OF SEARCH AND SEIZURE UNDER A MAGISTRATE'S WARRANT IS AMENDED ALONG SIMILAR LINES.
IN ADDITION, A MAGISTRATE MAY AUTHORISE THE TEMPORARY DETENTION OF A PERSON WHO POSSESSES ANYTHING THAT MAY BE SEIZED AND WHO, IF NOT DETAINED, MIGHT PREJUDICE THE PURPOSE OF THE SEARCH.
THE BILL ALSO PROVIDES THAT THE POWER TO STOP AND SEARCH CAN BE EXERCISED IN TWO SCENARIOS.
THE FIRST RELATES TO A PERSON FOUND IN A PUBLIC PLACE WHO ACTS IN A SUSPICIOUS MANNER.
·
THE SECOND SCENARIO RELATES TO A PERSON FOUND IN A PUBLIC PLACE WHO IS SUSPECTED OF HAVING COMMITTED, OR INTENDING TO COMMIT, ANY OFFENCE.
THE
"WE BELIEVE THE BILL STRIKES A SENSIBLE BALANCE BETWEEN NEED FOR PROTECTION OF INDIVIDUALS' RIGHTS ON THE ONE HAND AND ADEQUATE POWERS FOR THE POLICE TO FIGHT CRIME ON THE OTHER, MR STRACHAN SAID.
HE POINTED OUT THAT THE LAW REFORM COMMISSION WOULD GIVE COMPREHENSIVE PROPOSALS ON THE WHOLE AREA OF LAW RELATING TO ARREST WITHIN THE NEXT FEW MONTHS.
HE EXPECTED THE COMMISSION'S PROPOSALS TO FURTHER ADVANCE THE CLARIFICATION AND DELINEATION OF POLICE POWERS BEGUN IN THE BILL.
THE POLICE FORCE ORDINANCE WILL BECOME SUBJECT TO THE PROVISIONS OF THE BILL OF RIGHTS ORDINANCE ON JUNE 8 THIS YEAR.
MR STRACHAN SAID IT WAS IMPORTANT TO ENACT THE BILL AS SOON
POSSIBLE.
AS
"A PROLONGED PERIOD OF UNCERTAINTY WILL BE UNHELPFUL TO POLICE OFFICERS ON THE STREETS AS THEY SEEK TO MAINTAIN THE LAW," HE SAID.
IN THE EVENT THAT THE BILL WAS NOT ENACTED BEFORE JUNE 8, HE SAID HE HAD BEEN DISCUSSING WITH THE COMMISSIONER OF POLICE HOW BEST TO ENSURE THAT POLICE OFFICERS WERE INSTRUCTED TO EXERCISE THEIR POWERS AT PRESENT CONFERRED UNDER SUB-SECTION 1 AND 6 OF SECTION 50 IN A WAY WHICH ACCORDED WITH THE PROPOSED MODIFICATIONS OF THE BILL.
DEBATE ON THE BILL WAS ADJOURNED.
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