PART 5 | Power of Minister to make orders |
30.—(1) Whenever the Minister is satisfied with respect to any person, whether the person is at large or in custody, that the person has been associated with activities of a criminal nature, the Minister may, with the consent of the Public Prosecutor —| (a) | if he is satisfied that it is necessary that the person be detained in the interests of public safety, peace and good order, by order under his hand direct that the person be detained for any period not exceeding 12 months from the date of the order; or | | (b) | if he is satisfied that it is necessary that the person be subject to the supervision of the police, by order direct that the person be subject to the supervision of the police for any period not exceeding 3 years from the date of the order. [12/2018] |
| (2) Every decision of the Minister on a matter in subsection (1) is final. [12/2018] |
| (3) In this section, “activities of a criminal nature” means any activity specified in the Fourth Schedule. [12/2018] |
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| Orders to be referred to advisory committee and subject to confirmation by President |
| 31.—(1) Every order made by the Minister under section 30(1) shall, together with a written statement of the grounds upon which the Minister made the order, be referred by the Minister to an advisory committee constituted as provided in section 39, within 28 days of the making of the order. [12/2018] | (2) The advisory committee shall submit to the President a written report on the making of the order and may make therein such recommendations as it shall think fit. |
| (3) The President shall consider the report and may cancel or confirm the order and in confirming the order may make thereto such variations as he thinks fit. |
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| Power to substitute order for police supervision |
| 32.—(1) At any time after an order of detention in respect of a person has been made under section 30(1) or confirmed under section 31(3) or after the expiry of the validity of the order, the Minister may by order direct that the person be subject to the supervision of the police for any period not exceeding 3 years from the date of the order and thereupon any detention order made or confirmed in respect of that person shall be deemed to be cancelled and that person if under detention shall be released. [12/2018] | (2) Section 31 shall apply to any order made by the Minister under subsection (1) as it applies to an order made by the Minister under section 30(1). [12/2018] |
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| Obligations on person subject to supervision |
| 33.—(1) The Minister may, by order in writing served on a person directed to be subject to the supervision of the police under section 30(1) or 32 (called in this Act a person subject to supervision), direct the person to comply with all or any of the obligations prescribed by rules made under section 49 for the purposes of this section. [12/2018] (2) The Minister may, from time to time, by order in writing served on the person subject to supervision —| (a) | cancel any of the obligations imposed on that person by an order under subsection (1) or this subsection; or | | (b) | direct that person to comply with any obligation prescribed by rules made under section 49 for the purposes of this section. [12/2018] |
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| (3) A person subject to supervision who contravenes or fails to comply with any obligation imposed on that person by an order under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term of not less than one year and not more than 3 years. [12/2018] |
(4) A person subject to supervision is not required to comply with any obligation imposed on that person by an order under subsection (1) or (2) —| (a) | while that person is imprisoned or otherwise in custody, or detained, under any other written law; or | | (b) | if, and only to the extent that, the obligation is inconsistent with any order or direction made by a court in respect of that person, such as an order or a direction to attend any court proceeding despite the obligation. [12/2018] |
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| 34. [Repealed by Act 12 of 2018] |
| Double penalties for crimes of violence |
| 35. Any person subject to supervision who is convicted of an offence, committed after the date of the order directing him to be subject to supervision, under the provisions of any law specified in the Third Schedule shall, notwithstanding any other written law to the contrary, be liable to imprisonment for a term twice as long as the maximum term for which he would otherwise have been liable on conviction for that offence, and also to caning. [12/2018] |
| 36. [Repealed by Act 12 of 2018] |
| 37. [Repealed by Act 32 of 2004] |
38.—(1) The President may, from time to time, extend the validity of any order of detention confirmed under section 31(3) for periods not exceeding 12 months at any one time and may at any time refer any such order for further consideration by an advisory committee.| (2) The President may, from time to time, extend the period for which a person is directed to be under the supervision of the police by any order confirmed under section 31(3) and may at any time refer any such order for further consideration by an advisory committee. |
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| 38A. The Minister may, at any time, revoke an order made under section 30(1) or 32, whether or not the order has been confirmed under section 31(3) or extended under section 38. [12/2018] |
| Constitution of advisory committees |
| 39. For the purposes of this Act, the Minister may from time to time appoint one or more advisory committees each consisting of not less than 2 persons. |
| Powers and procedure of advisory committees |
40.—(1) Every advisory committee shall for the purposes of this Act have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations and for compelling the production of documents.| (2) Every member of an advisory committee shall be deemed to be a public servant within the meaning of the Penal Code 1871 and shall have in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under the provisions of this Act the like protection and privileges as are by law given to a Judge in the execution of his office. |
| (3) Every advisory committee shall have regard to the requirements of public safety, the protection of individuals and the safeguarding of sources of information and subject to the provisions of this Act and any rules made under section 49 may regulate its own procedure. |
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| Disclosure of information |
| 41. Nothing in this Act or in any rules made under section 49 shall require the Minister or any other public servant to disclose facts which he considers it to be against the public interest to disclose. |
| Manner of detention and powers to order removal |
| 42.—(1) Every person detained in pursuance of an order made under section 30(1) shall be detained in such place as the Minister may direct and in accordance with instructions issued by the Minister. [12/2018] | (2) The Minister may by order direct the removal from any place of detention to another place of detention to be specified in the order of any person detained in pursuance of an order made under section 30(1). [12/2018] |
| (3) On proof to his satisfaction that the presence at any place of any person detained in pursuance of an order made under section 30(1) is required in the interests of justice, or for the purpose of any inquiry, or in the public interest or in the interest of the person detained, the Minister may order that the person be taken to that place. [12/2018] |
| (4) Any person in the course of removal under subsection (2) or in the course of being taken to any place in pursuance of subsection (3) and when so removed or while at that place shall be kept in such custody as the Minister may direct and while in that custody shall be deemed to be in lawful custody. |
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| Temporary release of detainees to engage in employment |
43.—(1) The Minister may, from time to time, on the recommendation of an advisory committee appointed for the purposes of this section, direct that a detainee shall be released from day to day to engage in such employment (including self‑employment) as the Minister may specify.| (2) Any direction made under subsection (1) shall have effect for a period to be fixed by the Minister and may be subject to such conditions and restrictions as may be imposed by the Minister. |
| (3) The Minister may at any time revoke any direction made under subsection (1). |
| (4) The Minister may, subject to such conditions and restrictions as he thinks fit, grant leave to a detainee in respect of whom a direction has been made under subsection (1) to spend his leave at such place as the Minister may specify. |
| (5) The Minister may at any time revoke any leave granted to a detainee under subsection (4). |
| (6) Where any direction made under subsection (1) is in force in respect of a detainee or any leave is granted under subsection (4) to a detainee, the superintendent of the place of detention shall release the detainee at such times and for such periods as are necessary to give effect to the direction or grant of leave. |
| (7) If any detainee in respect of whom a direction has been made under subsection (1) or leave has been granted under subsection (4) remains at large without lawful excuse or fails to return to his place of detention after the direction or leave has been revoked, he shall be deemed to be unlawfully at large and to have escaped from lawful custody. |
| (8) Every person released under this section shall continue to be in the legal custody of the superintendent of the place of detention from which he is released during every period for which he is so released. |
| (9) For the purposes of this section, “detainee” means any person who is detained in pursuance of an order made under section 30(1). [12/2018] |
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| Power to detain suspected persons |
| 44.—(1) Any police officer may, without warrant, arrest and detain pending enquiries any person in respect of whom he has reason to believe there are grounds which would justify the detention of the person under section 30(1). [12/2018] | (2) No person shall be detained under this section for a period exceeding 24 hours except with the authority of a police officer of or above the rank of assistant superintendent or for a period of 48 hours in all. |
| (3) If an officer of or above the rank of superintendent of police is satisfied that the necessary enquiries cannot be completed within the period of 48 hours he may authorise the further detention of the person for an additional period not exceeding 14 days and shall on giving such authorisation forthwith report the circumstances to the Commissioner of Police. |
| (4) Any person detained under the powers conferred by this section shall be deemed to be in lawful custody and may be detained in any prison, or in any police station or in any other similar place authorised generally or specially by the Minister. |
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| Duty to arrest persons ordered to be detained |
| 45.—(1) Any police officer may, without warrant, arrest any person found at large in respect of whom there is in existence a detention order made by the Minister under section 30(1) and shall forthwith report the arrest to the Commissioner of Police. [12/2018] | (2) Any person arrested under subsection (1) shall be deemed to be in lawful custody and may be detained for a period not exceeding 48 hours in any prison or in any police station pending the issuing of instructions by the Minister for his further detention. |
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| Power to enter and search |
| 46. Notwithstanding anything to the contrary in any written law, it shall be lawful for any police officer of or above the rank of assistant superintendent, or a police officer of any rank specially authorised by a police officer of or above the rank of assistant superintendent, in order to effect the arrest of any person in pursuance of the provisions of this Part, to enter and search any place and in order to effect an entrance into that place to break open any outer or inner door or window of that place if he cannot otherwise obtain admittance thereto. |
| Officers of Central Narcotics Bureau to exercise powers conferred on police officers under sections 44, 45 and 46, etc. |
| 47.—(1) Subject to this section, the powers conferred upon a police officer under sections 44, 45 and 46 may be exercised by an officer of the Central Narcotics Bureau. [12/2018] | (2) The powers conferred upon a police officer of or above the rank of assistant superintendent under sections 44(2) and 46 may be exercised by the Director, a Deputy Director or a Divisional Director of the Central Narcotics Bureau. [2/2006; 12/2018] |
| (3) The power conferred upon an officer of or above the rank of superintendent of police under section 44(3) may be exercised by the Director or a Deputy Director of the Central Narcotics Bureau. [2/2006] |
| (4) Subject to subsection (5), where the power conferred upon an officer of or above the rank of superintendent of police under section 44(3), or the power conferred upon a police officer under section 45(1), is exercised by an officer of the Central Narcotics Bureau in accordance with this section, the duty to report to the Commissioner of Police under those sections shall be read as a duty to report in a similar manner to the Director of the Central Narcotics Bureau. |
| (5) The duty to report to the Director of the Central Narcotics Bureau referred to in subsection (4) shall not apply where the power under section 44(3) or 45(1) was exercised by the Director of the Central Narcotics Bureau himself. |
(6) In any case relating to the commission of an offence under section 33(3), an officer of the Central Narcotics Bureau —| (a) | has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence; and | | (b) | for the purposes of exercising such powers, is deemed to be a police officer not below the rank of inspector of police. [12/2018] |
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(7) In this section —| “Director”, “Deputy Director” and “Divisional Director”, in relation to the Central Narcotics Bureau, mean the Director, a Deputy Director and a Divisional Director, respectively, of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act 1973; |
| “officer of the Central Narcotics Bureau” means the Director, a Deputy Director, a Divisional Director or any other officer of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act 1973. [12/2018] |
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| Powers of Public Prosecutor |
| 48. Nothing in this Act derogates from the powers of the Public Prosecutor with regard to the control and direction of criminal prosecutions. |
49.—(1) The Minister may make rules for the purpose of carrying into effect all or any of the provisions of this Part.(2) Without prejudice to the generality of the powers conferred by subsection (1), such rules may provide for —| (a) | the issue by the Commissioner of National Registration appointed under the National Registration Act 1965 of special identity cards to all or any class of persons subject to supervision; | | (b) | the form, custody, production, inspection, cancellation, alteration, endorsement on and replacement of those cards and the substitution thereof for identity cards issued to those persons under any written law; and | | (c) | all other matters necessary or desirable in connection with those cards or the carrying thereof or the enforcement of those rules, including the prescription of penalties not exceeding in respect of any offence a fine of $5,000 or imprisonment for a term of 3 years or both. [12/2018] |
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