{UAH} WHAT IS PREVENTIVE ARREST? ISN’T IT UNCONSTITUTIONAL?

WHAT IS PREVENTIVE ARREST? ISN'T IT UNCONSTITUTIONAL?

Did you know that the law allows a police officer to arrest you if they suspect that you may cause some kind of injury to yourself, others or to property? This is what is referred to as preventive arrest.

Legally speaking, when a police officer has reason to believe that the arrest of a person is necessary to prevent that person from causing physical injury to him or herself, to another person, or causing loss or damage to property, committing an offence against public decency in a public place, from inflicting harm or undue suffering to a child or another vulnerable person, the police have power to arrest such a person.

WHEN CAN SUCH AN ARRESTED PERSON BE RELEASED?

The law says that a person arrested on grounds of preventive arrest can be released when the risk of loss, damage or injury has been removed. This person can also be given police bond, but he/she has to still appear before a senior police officer, if so required. Thirdly, such a person may be released upon any other reasonable terms and conditions specified by the inspector general of police in writing.

ISN'T THIS AN INFRINGEMENT OF PERSONAL LIBERTY?

Well, the Ugandan Constitution says that there are instances when a person may be deprived of their personal liberty such as when they have committed a crime or they are about to commit a criminal offence. Although this plainly speak of preventive arrest, it gives instances that are given as reasons for preventive arrest such as for safety and for preventing crimes. However remember that everyone arrested must be taken to a place authorised by the law. If a person is taken to a place not licenced under the law then this is not a preventive arrest and is an abuse of that person's human rights.

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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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