348 / 494
347
(b)
has committed or is about to commit an offence
against these Regulations.”
10.223.
Paragraphs (2) and (3) of Regulation 31 specify that, a person
must not be detained for more than 24 hours except that a Resident Magistrate
or a police officer not below the rank of Deputy Superintendent, may authorise
detention for a period of up to 5 days – para.(2).
10.224.
But where a Resident Magistrate or a police officer not below the
rank of Senior Superintendent is satisfied that necessary enquiries cannot be
completed within 5 days, he/she may direct that the person be detained for a
further period not exceeding 5 days – para.(3). Para.(4) of Regulation 31 deems
detention under para.1 as “lawful custody”.
10.225.
For the purposes of the discussion, the other relevant Regulation is
Regulation 34(1).
“34(1) The Minister, if satisfied that any person has been
concerned in acts prejudicial to public safety or public order
or in the preparation or instigation of such acts and that for
any reason thereof, it is necessary to exercise control over
that person, may make an order (hereinafter referred to as a
detention order) against that person directing that he be
detained.”
10.226.
In addition the Minister may authorise a place of detention and the
detainee shall be deemed to be in lawful custody – para.(2). At any time after a
detention order has been made, the Minister may make a further order revoking
or varying the detention order or suspend the duration of the order upon
conditions – para.(3). The authorised persons referred to in Regulation 31 are
members of the JDF and JCF and the Minister responsible for national security.
Review of the Evidence re Detentions
10.227.
Against the background of law, we now discuss the evidence
adduced in relation to detentions. That evidence shows that, during the month