Arrest and Restraint

Arrest and Restraint (Criminal Procedure Act, Cap. 20 R.E. 2022)

Sections 11 and 12 of the Criminal Procedure Act provide clear guidelines regarding the process of arrest and the level of restraint allowed during such procedures.

Section 11 outlines the methods of making an arrest. The police officer or any other authorized person must physically touch or restrain the individual being arrested unless the person willingly submits to the arrest through words or actions. This ensures that the individual’s consent or non-resistance is clear before any physical restraint is imposed. If the individual resists arrest or tries to escape, the police officer is authorized to use all necessary force to apprehend the person. The use of force must be proportionate to the resistance or attempt to evade arrest, ensuring that the arrest is carried out effectively but without excessive violence.

Section 12 emphasizes the principle that a person who has been arrested should not be subjected to more restraint than is absolutely necessary. The level of restraint should only be enough to prevent the arrested person from escaping. This provision protects the arrested individual's rights by limiting the extent of physical restraint to what is strictly required for security and ensuring that unnecessary force or restrictive measures are not used.