Friday 29 November 2013

Police ignorant of laws on Detention- Survey


Most policemen in Lagos State are ignorant of laws regarding detention and arrests of suspects, a new survey has revealed
The survey, which was conducted by a human rights organisation, Access to Justice, also showed that the judicial reforms introduced by the state government had not changed the landscape of criminal justice.
Head of Programmes, Access to Justice, Mr. Leonard Dibia, said this during a public presentation of findings of a field survey on the state of compliance with the Lagos State Administration of Criminal Justice Law.
Dibia noted that the state government had passed a new Administration of Criminal Justice Law in 2011 which was intended to replace the old Criminal Procedure Law of Lagos State, 2004.
He said the reforms were meant to “ease prison congestion, end the abuse of the remand system, improve delivery of criminal justice services by the courts and safeguard the rights of persons who are processed through criminal justice system.”
Dibia said the new law meant that suspects should not be detained by the police for more than 24 hours without the knowledge of a magistrate. But according to the survey, which was conducted between May and July 2013, most policemen were not aware of this.
Dibia noted that confessional statements in police detention should be video recorded or done in the presence of a lawyer.
He said, “From AJ’s findings, only 29 per cent of police officers in Lagos State are familiar with the ACJ law of 2011 or have received any formal training on the provisions of the law. Magistrates unanimously report that the police do not usually inform them of cases of persons who are arrested and kept in custody without being offered bail or of persons who are arrested without a warrant and are detained without any charges brought to court.
“Corroborating this, 92 per cent of police officers interviewed indicated that they do not notify district magistrates of cases of persons arrested. Indeed, 70 per cent of police officers interviewed reported that they are not aware of this requirement of the law.
“The law provides that upon arrest, there should be notification of the cause of arrest. However, 65 per cent of police officers reported that they usually inform suspects of the cause of arrest only at the point of detention after the suspect arrives at the police station.
“Still in connection with bail, nine per cent of police officers maintain the practice of not accepting women as sureties when granting bail.”
Dibia recommended that law enforcement agents should be given training as regards the law to improve adherence.

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