Legal Definitions of Restraint and Lawful Custody under Section 5 of the Criminal Procedure Act.

Section 5 of the Criminal Procedure Act [Cap. 20 R.E 2022] addresses the circumstances under which a person is considered to be under restraint and in lawful custody. This section is fundamental in clarifying when a person's liberty is legally curtailed by law enforcement during criminal investigations. According to subsection (1), a person is deemed to be under restraint if they are in the company of a police officer for purposes related to the investigation of an offence and the officer would not permit them to leave if they attempted to do so. This classification applies regardless of whether the officer has reasonable grounds to believe the person committed an offence and regardless of whether the person is in lawful custody. Essentially, a person's freedom is considered restricted if the police are exercising control over their movement in the context of an investigation.

Subsection (2) further provides that a person is considered to be in lawful custody if the restraint arises either because the person has been lawfully arrested or if the restraint is in relation to an offence, and the police officer both reasonably believes the person has committed the offence and would be authorized to arrest the person under section 14 of the same Act. This legal definition implies that lawful custody is a narrower concept than restraint—it not only involves physical control but also the legal justification for that control based on reasonable belief and statutory authority.

Subsection (3) creates an important exception: a person is not deemed to be under restraint merely because they are with a police officer on the roadside, whether inside a vehicle or not, in connection with the investigation of a non-serious traffic-related offence. This provision acknowledges the practical need for police interaction in traffic matters while distinguishing such scenarios from more serious investigations that might implicate a person's rights to liberty.

Finally, subsection (4) states that a person will be considered to be in the company of a police officer for investigative purposes even when they are simply waiting at a place upon the officer’s request. This includes situations where a person has not been physically detained but is nonetheless being compelled to remain in a particular location under the direction of the police. The section, therefore, ensures that any form of police-imposed limitation on a person’s freedom in connection with an investigation is recognized as restraint, potentially triggering the application of procedural safeguards.