possibility that such deprivation may result, shall be guilty of
kidnapping or unlawful detention.
6.2.2 Police Act [Chapter 11.10]
The Act provides for the functions and disciplinary procedures of
the Police Service. The Schedule to the Act provides for the
following offences:
6.2.2.1
Section 19 provides that it is an offence for a Police
officer to unnecessarily detain any person in custody.
6.2.2.2
Section 21, ‘Using unnecessary violence towards, or
neglecting or in any way ill-treating any person in
custody or other person with whom he may be brought
into contact in the execution of his duties.’
6.2.2.3
Section 34, ‘Omitting or neglecting to perform any duty,
or performing any duty in any improper manner’.
6.2.2.4
Section 35, ‘Acting in an unbecoming or disorderly
manner or in any manner prejudicial to good order or
discipline or reasonably likely to bring discredit to the
Police Force.
6.3 International Law
6.3.1 Universal Declaration of Human Rights (1948)
The general principle of liberty is a fundamental element of international human
rights law. Article 3 states that ‘Everyone has the right to …. liberty…. of person’.
Article 5 provides that no one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment.’
Article 11 (1) further provides that
‘Everyone charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence.’
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