Friday 6 January 2012

Public Order Amendment Decree 2012 now in place


Under the Public Order Amendment Decree 2012 any person who commits an act of terrorism shall be guilty of an offence and shall be liable upon conviction to imprisonment for life.

Any person who harbours or conceals, prevents, hinders or interferes with the apprehension of any other person knowing or having reason to believe that the other person has committed, is planning or likely to commit an act of terrorism, or is a member of the group involved in the act of terrorism commits an offence and shall be liable upon conviction to imprisonment for life.

Any person who knowingly provides or offers to provide a weapon to a person, group or organisation involved in the act of terrorism, a member of any such group or organisation involved in the act of terrorism , any other person for use by or for benefit of a group or organisation involved in the act of terrorism or a member of any such group or organisation commits an offence and shall be liable upon conviction to imprisonment for life.

Any person who knowingly participates in a group involved in the act of terrorism knowing that it is a terrorist group commits an offence and shall be liable upon conviction to life imprisonment.

If any police officer has reasonable suspicion that a person has acted or is about to act in a manner prejudicial to public safety or the preservation of the peace or is about to commit an offence against public order or an offence against this Act or upon being by a police officer, fails to satisfy the police officer as to his or her identity, address or place of employment or as to the purpose for which he or she is in the place in which he or she is found, then such police officer may arrest without warrant him or her and detain him or her pending inquiries.

No person shall be detained under the powers conferred by subsection (1) for a period exceeding 48 hours except with the authority of the Minister on whose directions such a person may be detained for a further period of 14 days if the Minister is satisfied that the necessary enquiries cannot be completed within 48 hours.

In Section 17 C (1) of the Decree, it shall be lawful for any member of the Republic of Fiji Military Forces when so directed by his or her commanding officer at the request of or with the concurrence of the Commissioner of Prisons and Corrections Service or the Commissioner of Police as the case maybe to perform all or any of the duties and functions of a prisons officer or police officer.

In and to the extend necessary for the performance by him or her of any of the duties or functions of a prisons officer under the provisions of this section any member of the RFMF shall have all the powers, privileges of a prisons officer and police officer.

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