Skip to main content

USE OF FORCE BY POLICE DURING ARRESTS, WRITTEN BY LAWYERS FRATERNITY OF UGANDA. Many times it is stated that Police should not use force when exercising arrest. But did you know that that is not completely correct? A police officer may use “reasonable measure of force” (which is not specified within the Police Act but established by case law) under the following circumstances where: 1.a person charged with or convicted of a felony escapes from lawful custody; if you try “Prison Break” things, the police will have reason to use force to arrest you, 2.a person who through force rescues another from lawful custody; so trying to stand up for or rescue your friend who is being arrested or has already been taken into custody may cause you to also be arrested with force, 3.a person who through force, prevents the lawful arrest of himself or herself or any other person; if the person being arrested becomes violent and goes ahead to punch, slap, kick, bite the arresting officer, then the officer can use force to restrain them and then effect the arrest, In the event that force is used in order to arrest a person, the arresting police officer must ensure that the rights and dignity of the one being arrested are respected. If the person who is being arrested voluntarily avails himself or herself and does not resist arrest and perhaps asks not be put in cuffs, then this person’s wishes should be respected depending on the level of risk that the arrested person poses.

By Editor

USE OF FORCE BY POLICE DURING ARRESTS, WRITTEN BY LAWYERS FRATERNITY OF UGANDA.

Many times it is stated that Police should not use force when exercising arrest. But did you know that that is not completely correct?

A police officer may use “reasonable measure of force” (which is not specified within the Police Act but established by case law) under the following circumstances where:

1.a person charged with or convicted of a felony escapes from lawful custody; if you try “Prison Break” things, the police will have reason to use force to arrest you,

2.a person who through force rescues another from lawful custody; so trying to stand up for or rescue your friend who is being arrested or has already been taken into custody may cause you to also be arrested with force,

3.a person who through force, prevents the lawful arrest of himself or herself or any other person; if the person being arrested becomes violent and goes ahead to punch, slap, kick, bite the arresting officer, then the officer can use force to restrain them and then effect the arrest,

In the event that force is used in order to arrest a person, the arresting police officer must ensure that the rights and dignity of the one being arrested are respected.

If the person who is being arrested voluntarily avails himself or herself and does not resist arrest and perhaps asks not be put in cuffs, then this person’s wishes should be respected depending on the level of risk that the arrested person poses.

Comments

Post a Comment

Popular posts from this blog

How to Host a Website for Free From Your PC or Laptop.

By Editor
Why pay for a web hosting service when your old computer can do the same thing? Learn how to self-host your site. If you're planning to launch a website but don't want to pay recurring monthly or annual hosting fees, you can use any old laptop or desktop PC to host a website for free. It's a great way to utilize your old system instead of throwing it away. In this guide, we will install and set up services on our 10-year-old laptop to host a WordPress, Joomla, or custom HTML or PHP-based website with a free SSL certificate. MAKEUSEOF VIDEO OF THE DAY Things You Will Need to Host a Website Following are the pre-requisites to host a website for free from home with just your computer: An old laptop or PC running Ubuntu Server. A registered domain name for your website Ethernet cable to connect the laptop or PC to router for reliable and fast connection Step 1: Update and Upgrade the Packages After  installing Ubuntu Server on your computer , execute the following c...
Post a Comment
Read more

We Bring You Brief Series of Sanctions Against Uganda Government Officials.

By Editor
📸: Gen Abel Kandiho. On 9-December-2021, USA slapped sanctions against the then CMI Commander Gen Abel Kandiho. 📸: Gen Kale Kayihura. On 9-December-2022, UK slapped sanctions against former Police Boss Gen Kale Kayihura. 📸: Commissioner General of Prisons, Johnson Byabashaija. Again on this 4-December-2023, the same USA has slapped sanctions against Uganda Prisons Commander Johnson Byabashaija over alleged torture and human rights abuses in Prisons across Uganda. We ask, has USA and UK made December as an LCM to slap sanctions against high ranking government officials in Uganda even when the sanctions just remain on paper without deeper investigations to ascertain logical conclusions or remedy to that effect ?. #iip_updates  #Information_is_Power  #we_inform_the_uninformed
Post a Comment
Read more

UGANDA ELECTORAL COMMISSION TO ELIMINATE NATIONAL IDENTIFICATION CARDS (IDs) FOR 2021 GENERAL ELECTIONS.

By Editor
The elimination of using National IDs (Ndagamuntu) for the 2021 elections should not have come as a surprise. One would be very NAIVE to think that Bobi Wine has not prepared for this in his Business Plan under the RISK section. It is public knowledge that our EC is not independent.  It is also public knowledge that Military Dictator Yoweri Museveni will never lose an election. What stunned us this morning is when we noticed that on social media, people were mocking Bobi with his "get your Ndagamuntu".  We are on record for saying to all Our readers that the National ID is like Apartheid in South Africa. Students of History would know how those IDs were being used to arrest people, deny them jobs, deny them basic services. Consequently, Bobi was not wrong and will never be wrong on the Ndagamuntu. Except the ones attacking him and mocking him forget that in Uganda, now, no National ID (Ndagamuntu), no service.  If you have not been denied registering your child i...
Post a Comment
Read more