This fact sheet deals with arrest without a warrant in Malawi. Currently in Malawi there remain laws on the statutes that have not been tested against constitutional requirements resulting in all likelihood in arrests that are not compliant with the Constitution.
ACJR Publications
This factsheet focuses on arrest without a warrant in Malawi. Currently in Malawi there remain laws on the statutes that have not been tested against constitutional requirements resulting in all likelihood in arrests that are not compliant with the Constitution.
This fact sheet focuses on arrest without a warrant in Kenya. Currently in Kenya the situation has been complicated by the legislative powers granted to the counties and some have used this opportunity to expand policing powers.
Over 163,000 people are in correctional facilities in South Africa. Outbreaks of Covid-19 in these prisons can have catastrophic consequences for both prisoners and the public healthcare system.
This information sheet sets out the provisions per regulation concerning the functioning of the criminal justice system under the COVID-19 lock-down. Some items still require clarification and will be updated as needed.
The regulations for the 21-day lock-down starting on midnight 26 March 2020 are set out here in a simplified manner.
This Info Sheet simplifies the COVID-19 lockdown regulations dated 15 April 2020.
Africa Criminal Justice Reform (ACJR) has produced research on the South African criminal justice system relating to prisons. This resource list contains summaries and links of work that we have produced in recent years on the topic of prisons.
Africa Criminal Justice Reform (ACJR) has produced research on the South African criminal justice system relating to the National Prosecuting Authority (NPA). This resource list contains summaries and links of work that we have produced in recent years on the topic of the NPA.
Africa Criminal Justice Reform (ACJR) has produced research on the South African criminal justice system relating to the police. This resource list contains summaries and links of work that we have produced in recent years on the topic of police.
This fact sheet deals with the process of arrest without a warrant and aims to provide guidance on how police officers should test and use their discretion when contemplating an arrest without a warrant. The fact sheet is not country specific and describes the overall and generally accepted requirements for arrest without a warrant.
This fact sheet discusses democratic policing as meaning (1) the police’s abidance to the rule of law, (2) accountability of the police, and (3) procedural fairness by the police in service of the public. Nine dimensions required for democratic policing are identified with the intended final outcome being public trust in the police which results in the police having legitimacy. The conceptual framework presented is not merely meant to describe democratic policing but rather to guide strategic planning in police organizations including the South African Police Service (SAPS). This relates in particular to the strategic objectives formulated in Medium Term Strategic Framework and annual performance plans with particular reference to the input variables and the outputs they need to deliver.
This fact sheet deals with arrest without a warrant in Zambia. It highlights the legal framework governing arrest without a warrant, the shortcomings in the legislation as well as some challenges with implementation as is evident from case law. The fact sheet recommends that the Zambian Criminal Procedure Code Act and the Police Act are reviewed and that the provisions on arrest without a warrant are amended to comply with international best practice on arrest in accordance to the obligations of the African Charter which seek to protect the right of life, dignity, equality and security of all people.
This factsheet deals with the power to arrest without a warrant in Mozambique. A 2013-decision by the Constitutional Council of Mozambique resulted in significant changes in law on who can arrest without a warrant, thus reducing the risk of arbitrary arrest. These changes and other developments bode well for reform in the criminal justice system. However, resource constraints place a substantive limitation on the Mozambican criminal justice system in general and specifically on complying with the 2013-decision of the Constitutional Council.
This fact sheet addresses the role that prosecutors can play in dealing with offenders of minor crimes. It emphasizes the use of restorative justice approaches such as mediation, life skills programs and community service as a more appropriate way of dealing with minor offending rather than resorting to a criminal justice response.