Difference between revisions of "Arrest"

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*(a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence;  
 
*(a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence;  
 
*(b) any person who commits a breach of the peace in his presence;  
 
*(b) any person who commits a breach of the peace in his presence;  
*(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from  
+
*(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;  
lawful custody;  
+
*(d) any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing;  
*(d) any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably  
 
be suspected of having committed an offence with reference to that thing;  
 
 
*(e) any person whom he suspects upon reasonable grounds of being a deserter from the armed forces;  
 
*(e) any person whom he suspects upon reasonable grounds of being a deserter from the armed forces;  
*(f) any person whom he finds in a highway, yard or other place during the night and whom he suspects upon reasonable grounds of  
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*(f) any person whom he finds in a highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;  
having committed or being about to commit a felony;  
+
*(g) any person whom he finds in a street or public place during the hours of darkness and whom he suspects upon reasonable grounds of being there for an illegal or disorderly purpose, or who is unable to give a satisfactory account of himself;  
*(g) any person whom he finds in a street or public place during the hours of darkness and whom he suspects upon reasonable grounds  
+
*(h) any person whom he suspects upon reasonable grounds of having been concerned in an act committed at a place out of Kenya which, if committed in Kenya, would have been punishable as an offence, and for which he is liable to be extradited under the Extradition (Contiguous and Foreign Countries) Act or the Extradition (Commonwealth Countries) Act;  
of being there for an illegal or disorderly purpose, or who is unable to give a satisfactory account of himself;  
 
*(h) any person whom he suspects upon reasonable grounds of having been concerned in an act committed at a place out of  
 
Kenya which, if committed in Kenya, would have been punishable as an offence, and for which he is liable to be extradited under the  
 
Extradition (Contiguous and Foreign Countries) Act or the Extradition (Commonwealth Countries) Act;  
 
 
*(i) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on that person, any implement of housebreaking;  
 
*(i) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on that person, any implement of housebreaking;  
 
*(j) any released convict committing a breach of any provision prescribed by section 344 or of any rule made thereunder;  
 
*(j) any released convict committing a breach of any provision prescribed by section 344 or of any rule made thereunder;  
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*(a) any person whom he or she suspects upon reasonable grounds of having committed a cognisable offence, an offence under any of the provisions of Chapter XVI of the Penal Code Act or any offence for which under any law provision is made for arrest without a warrant;  
 
*(a) any person whom he or she suspects upon reasonable grounds of having committed a cognisable offence, an offence under any of the provisions of Chapter XVI of the Penal Code Act or any offence for which under any law provision is made for arrest without a warrant;  
 
*(b) any person who commits a breach of the peace in his or her presence;  
 
*(b) any person who commits a breach of the peace in his or her presence;  
*(c) any person who obstructs a police officer while in the execution of his or her duty, or who has escaped or attempts to escape from  
+
*(c) any person who obstructs a police officer while in the execution of his or her duty, or who has escaped or attempts to escape from lawful custody;  
lawful custody;  
 
 
*(d) any person whom he or she suspects upon reasonable grounds of being a deserter from the Uganda Peoples' Defence Forces;  
 
*(d) any person whom he or she suspects upon reasonable grounds of being a deserter from the Uganda Peoples' Defence Forces;  
 
*(e) any person whom he or she finds in any highway, yard or other place during the night and whom he or she suspects upon reasonable grounds of having committed or being about to commit a felony;  
 
*(e) any person whom he or she finds in any highway, yard or other place during the night and whom he or she suspects upon reasonable grounds of having committed or being about to commit a felony;  
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'''Table of Contents'''
 
'''Table of Contents'''
 
+
== Rights/ Protections from Police ==
===Rights with Police ===
 
 
* [[Arrest]]
 
* [[Arrest]]
 +
* [[Confessions]]
 +
* [[Pretrial Identification]]
 +
* [[Right to Counsel]]
 
* [[Right to Silence]]
 
* [[Right to Silence]]
 
* [[Search and Seizure]]
 
* [[Search and Seizure]]
* [[Right to Counsel]]
 
* [[Confessions]]
 
* [[Pretrial Identification]]
 
  
===Rights at Detention===
+
== Rights during Detention ==
 +
* [[Freedom from Punishment]]
 
* [[Right to Counsel]]
 
* [[Right to Counsel]]
 
* [[Right to Habeas Corpus]]
 
* [[Right to Habeas Corpus]]
* [[Right to be free of punishment]]
 
 
* Right to medical care
 
* Right to medical care
  
===Rights at Trial===
+
== Rights at Trial ==
* [[Right to a Fair Trial]]
+
* [[Double Jeopardy]]
* [[Right to Notice of Charges]]
+
* [[Legality Principle]]
* Right to Trial by Jury
+
* [[Presumption of Innocence]]
 
* [[Right to Compulsory Process]]
 
* [[Right to Compulsory Process]]
 
* [[Right to Confront Witnesses]]
 
* [[Right to Confront Witnesses]]
 +
* [[Right to Counsel (Trial)| Right to Counsel]]
 +
* [[Right to Fair Trial]]
 +
* [[Right to Notice of Charges]]
 
* [[Right to a Speedy Trial]]
 
* [[Right to a Speedy Trial]]
* [[Right to Counsel (Trial)| Right to Counsel]]
+
* Right to Trial by Jury
* [[Presumption of Innocence]]
 
* [[Double Jeopardy]]
 
 
 
===Sentencing===
 
  
* Right to sentence free of torture
+
== Sentencing ==
* [[Right to sentence without cruel or unusual punishment]]
 
 
* [[Death Sentence]]
 
* [[Death Sentence]]
* Right to fines that are not excessive
 
 
* [[Ex Post Facto Punishment]]
 
* [[Ex Post Facto Punishment]]
 +
* [[Freedom from Cruel or Unusual Punishment]]
 +
* Freedom from Torture
 
* [[Right to Appeal]]
 
* [[Right to Appeal]]
 +
* Right Not to be Fined Excessively
  
===Rights in Prison===
+
== Rights in Prison ==

Revision as of 12:13, 1 June 2010