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  1. #1
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    Default Arrested for defending yourself...

    I have found an old head office circular in one of my boxes of old cop-stuff.

    I will post it in sections in this thread.

    This will hopefully assist you are ever arrested (wrongfully / spitefully) for defending yourself. It may not prevent an illegal arrest, but with this and a good lawyer you will have a better chance of proving you are entitled to some cash to buy more guns... I know of two police members who didn't follow the guidelines and who today have no pension because their pensions contributed to handsome settlement amounts...

    If any one needs the full scanned / PDF document I can mail it or put up on Dropbox

    __________________________________________________ __________________________________________________ ______________

    SAPS Circular Ref: 26/5/133/1/1 23 November 2009
    INSTRUCTIONS RELATING TO THE ARREST AND DETENTION OF SUSPECTS

    1.Recent media reports, with regards to the refusal of the release of persons on bail,has placed the service in a negative light and has caused irreparable damage to the image of the organisation.

    2.Theremust be co-operation between the Department of Justice, directorate of Public Prosecutions and the South African Police.

    3.Attached find circulars that are being re-distributed for strict and immediate compliance.

    4.The contents must be brought to the attention of all officers and members under your command.

    Signed – Perumal Naidoo (Provincial Commissioner: Gauteng)

    Transcript of attached fax circular (ref 26/5/1 dated 2005-05-09 12:03 PM and re-circulated on 23 Nov 2009)sent to all Divisional Commissioners HEAD OFFICE, PROVINCIAL COMMISSIONERS, All Commanders TRAINING CENTRES AND COLLEGE, All Head office Section Heads, All Station Commissioners and Unit Commanders, ALL DEPUTY NATIONAL COMMISSIONERS,The Chief of Staff MINISTRY FOR SAFETY AND SECURITY, the SECRETARY NATIONAL SECRETARIAT FOR SAFETY AND SECURITY.
    Last edited by camouflage762; 09-11-2017 at 11:51. Reason: Paragraphs

  2. #2
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    Default Re: Arrested for defending yourself...

    INSTRUCTIONS RELATING TO THE ARREST AND DETENTION OF SUSPECTS

    1.It has come to my attention that there are commanders (including station commissioners and area commissioners) who are issuing clearly unlawful instructions relating to the arrest and the detention of suspects. Such instructions have resulted in civil claims being instituted against the service by persons who were unlawfully arrested or unlawfully detained.

    This has already resulted in the Service being ordered to pay thousands of rands in compensation for such persons.

    This situation is totally unacceptable and
    must stop with immediate effect.

    2.Examplesof the aforementioned instructions include the following:
    (a)The setting of targets requiring members to effect a certain number of arrests during a certain period of time…

    (b)Instructions requiring members to arrest persons for minor offences in respect of which a police official has no powerto arrest…

    (c)….(d)Instructions requiring members to detain arrested suspects for a full period of 48 hours and thereafter to take them to court, irrespective of whether preliminary inquiries indicate that the suspect–

    (i)Is innocent: or

    (ii) Is probably guilty but a child or an adult and there is reason to believe that the person will attend his or her trial since he or she has a fixed address….or has a job and may therefore be released on bail or on written warning [SAPS 496] without further investigation being jeopardised.
    Last edited by camouflage762; 09-11-2017 at 11:54. Reason: Paragraphs

  3. #3
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    Default Re: Arrested for defending yourself...

    (a)Instructions requiring members to arrest persons for serious offences even though such offences were committed in circumstances (And here we need to start paying attention…) where the person acted in what appear to be, self-defence or private defence and where there is reason to believe that the suspect will attend his or her trial since he or she has a fixed address and is a learner at a school or other training institution or has a job and is unlikely to interfere with the further investigation and that the investigation may be completed and the docket referred to the public prosecutor to issue a summons in terms of section 54 of the Criminal Procedure Act, 1977, to ensure his or her presence at the trial.

    (b)Instructions requiring members to wait until the middle of the night (For no apparent reason other than to humiliate the suspect) before arresting the suspect in his or her house for a serious offence in circumstances in which the whereabouts of the suspect are well known and the suspect has a fixed address or a job and the investigation may be completed and the docket referred to the public prosecutor to issue a summons in terms of section 54 of the Criminal Procedure Act, 1977, to ensure his or her presence at the trial.
    Last edited by camouflage762; 09-11-2017 at 11:56. Reason: Paragraphs

  4. #4
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    Default Re: Arrested for defending yourself...

    1. By complying with such instructions, members are alienating the public from the service and causing communities to lose their trust in the Police Service. The service cannot afford this.

    2.Any instructions of the aforementioned or a similar nature are accordingly hereby withdrawn with immediate effect.

    3.4.There are various methods by which an accused’s attendance at a trial may be secured. Although arrest is one of these methods, it constitutes one of the most drastic infringements of the rights of an individual and should therefore be regarded as an absolute last resort. It is expected of a member to always exercise his or her discretion in a proper manner when deciding whether the presence of a suspect at his or her trial should be secured through an arrest or can be ensured in another manner.

    5. A member, even though authorised by law to arrest a person, should normally refrain from arresting a person if –
    (a)The attendance of that person at his or her trial may be secured by first completing the investigation and referring thedocket to the public prosecutor to issue a summons as provided for in section 54 of the Criminal Procedure Act, 1977 or……
    Last edited by camouflage762; 09-11-2017 at 12:01.

  5. #5
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    Default Re: Arrested for defending yourself...

    .... Provincial Commissioners, area commissioners and station commissioners must study the contents of this letter very carefully and are held personally responsible to see that these instructions are complied with.

    A failure to comply with these instructions must be regarded as a serious misconduct and members and commanders who refuse to comply with these instructions must be held personally liable for any compensation that the service is ordered to pay as a result thereof.

    Signed: JS SELEBINATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
    Last edited by camouflage762; 09-11-2017 at 12:01. Reason: Paragraphs

  6. #6

    Default Re: Arrested for defending yourself...

    This was a great read M43 thank you. Just sad that is was not really properly implemented

  7. #7
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    Default Re: Arrested for defending yourself...

    Thanks for posting, M43. Please let us have further updates as and when you find them in your boxes!

  8. #8
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    Default Re: Arrested for defending yourself...

    hi Thanks

    please could you add a Dropbox link to the document so that we can download it from there

    cheers

  9. #9
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    Default Re: Arrested for defending yourself...

    Quote Originally Posted by Neelesh View Post
    hi Thanks

    please could you add a Dropbox link to the document so that we can download it from there

    cheers
    https://www.dropbox.com/sh/34olrb8ma...g-1eDhtZa?dl=0

  10. #10
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    Default Re: Arrested for defending yourself...

    I hope the link works?

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