A Duty to Answer Questions? The Police, The Independent Complaints Directorate and the Right to Remain Silent

Autor:	David Bruce, Johan De Waal, Kate Savage
Rok vydání:	2000
Předmět:	Police custody Sociology and Political Science Law Political science Police action media_common.quotation_subject Police accountability Context (language use) Duty Police Act media_common
Zdroj:	South African Journal on Human Rights. 16:71-96
ISSN:	1996-2126 0258-7203
Popis:	One of the obstacles which the Independent Complaints Directorate ("ICD") has experienced in the performance of its functions, has been the refusal of SAPS members whose actions are the subject of investigation, to answer questions put to them by ICD investigators. This has been a particular obstacle in the investigation of deaths as a result of police action, and deaths in police custody, where there are frequently no non-police witnesses and potentially no witnesses other than the police officers whose actions are the subject of investigation. In considering policy options, this paper focuses on police accountability in the context of police powers. Mechanisms to compel police co-operation in internal investigations, and with the ICD in its investigations are considered within the context of the current Constitutional framework. Amendments to the Police Act which would set out the circumstances in which police officers might be obliged to answer questions in both ICD and internal SAPS proceedings.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::d00b5052b4f414a1e5688a68c2d1a299 https://doi.org/10.1080/02587203.2000.11827589 Zobrazit plný text záznamu