Anti-gang bill restricts defendant rights, expand police powers
The bill includes provisions that restrict several fundamental rights and grant law enforcement new powers without requiring court orders.
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Government has drafted a bill proposing significant changes to the rights of criminal defendants and expanding police authority.
The bill includes provisions that restrict several fundamental rights and grant law enforcement new powers without requiring court orders.
The bill outlines several measures affecting individuals accused of gang-related crimes:
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Right to remain silent: Persons arrested on charges of gang crimes would lose the right to remain silent.
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Mandatory detention: Such individuals must remain in detention throughout the investigation and trial phases, with limited ability to request release.
Access to legal counsel:
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Suspects must be given six hours to appoint a lawyer before police questioning.
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If the appointed lawyer fails to appear, another lawyer must be appointed within six hours.
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No opportunity to consult a lawyer will be provided for the first 96 hours of detention. Questioning during this period will occur in the presence of a police officer.
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Non-bailable offences: Crimes specified under the law are non-bailable, with parole and amnesty explicitly disallowed.
The bill also enhances police authority, allowing actions previously requiring court orders:
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Information requests: Police may compel information, with non-compliance resulting in 12 hours of police custody.
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Warrantless entry: Police can enter premises of suspected gang members without a court order if public fear or concern arises.
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Vehicle seizure: Vehicles involved in gang activity can be seized for up to 90 days without a court order.
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Arrest powers: Police can arrest individuals for offences described in the law after notifying an officer of at least Sub-Inspector rank.
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Search and surveillance: Photographs, stop-and-search actions, and related measures can be taken with permission from an officer of at least Sub-Inspector rank.
The bill retains a provision allowing a five-member committee to designate individuals as gang leaders or members. The committee would include:
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Home minister
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Police commissioner
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Chief of defence force
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Chief of police intelligence
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Chief of army intelligence
