Police Force Ordinance(Ammendment) Act 1964 and Possession of handcuffs

[RayB]

Sidhani kama kuna sheria inayokataza kumiliki pingu kwa mtu binafsi, Mzee Koza nadhani kidogo kakurupuka. Kama nilivochangia ktk ushairi wa MMJ, itabidi kupata hii ya mapenzi

 

[Manitoba]

Kwa nini hatumiliki? Kuna sheria yeyote inayokataza umiliki wa pingu?

Hawakuelewi sir. Unauliza swali wao wanatengeneza swali lingine na kujijibu wakiwa na uhakika kabisa kwamba wamejibu swali lako. (Wengi wetu huwa tunafeli hivi mitihani).

Wewe unauliza "sheria inakataza kumiliki pingu?", wao wanajibu swali "watanzania huwa wanamiliki pingu?".

Nafikiri hakuna sheria hiyo kwa sababu hakuna sababu za kumiliki pingu za nini kwanza kwani umekosa kamba

Kama hakuna sheria inayokataza kumiliki pingu, then si kosa kumiliki pingu; hata kama wewe huoni sababu za kumiliki pingu. Wewe kukosa sababu ya kitu kufanyika hakufanyi kufanyika kwa kitu hicho kuwa jinai. Kama huoni umuhimu wa kuvaa saa haimaanishi kuvaa saa ni jinai. Ila kama imeandikwa kwenye sheria kwamba si ruhusa kuvaa saa, then kuvaa saa inakuwa ni kosa. (Du!)

Kama huoni umuhimu wa kutahiri, haimaanishi kutahiri inakuwa jinai. Na kama huoni umuhimu wa kutotahiri haimaanishi kutotahiri inakuwa jinai. (da!)

 

[Sikonge]

Nkwingwa,kuna zile pingu za Kamba za katani zinatumiwa sana na mgambo wa maeneo ya vijijini kule Sikonge,vipi ukikutwa nazo hizo

Mkuu, kule Sikonge wanaenda tu kwenye vichaka na kuchuna mti wa Myombo/Msana. Kinachofuatwa utasikia tu wanasema tu "Watungwa" (Amefungwa).

 

[drtenga]

There is no law, to my knowledge that prohibits the possession of HandCuffs by private persons. Also it is possible for individuals to have Handcuffs for a variety of reasons including restraining violent patients at home ( mentally deranged especially, or sometime patients in a semi-comatose state attempting remove drip equipment from their arms, etc.). In my short research I have found that Handcuffs are refferred to in our laws under penal processes where a lawful authority would have prisoners or in hospitals ( I can imagine Mirembe hospital having handcuffs for patients). But what is significant in all this is that such restraint must be used in a specified and approved manner. I don't think for private use there is any legal regulation or prohibition of having Handcuffs for whatever lawful use, apart from objections that may be generated by private persons under Tort Law -i.e. Unlawful Detention. Otherwise it seems no restriction exists. See the Extracts below FYI:

PRISONS ACT, CAP. 58

THE PRISONS (RESTRAINT OF PRISONERS) REGULATIONS 1968
(Section 105)
G.N. No. 18 of 1968
1. Citation
These Regulations may be cited as the Prisons (Restraint of Prisoners) Regulations.
2. Restraint
Where it is provided in the Prisons Act that a prisoner may be restrained, such restraint may be effected by one or more of the following means–
(a) body belt with handcuffs;
(b) body belt with leather cuffs;
(c) handcuffs;
(d) ankle straps; or
(e) leg irons.
3. Type of restraint to be specified
(1) When the Officer-in-charge makes an order for the restraint of any prisoner he shall specify which type of restraint shall be used and shall so soon after the carrying into effect of the order as is possible give notice to the medical officer:
Provided that no notice shall be necessary–
(i) where the prisoner has been ordered to be restrained by means of handcuffs or ankle straps while he is being removed from one part of a prison to another or is being escorted or is working outside a prison; and
(ii) where the prisoner is receiving medical treatment in a hospital.
(2) Upon receipt of the notice referred under regulation (3) the medical officer shall examine the prisoner and shall certify in the restraint register hereinafter that in his opinion the prisoner is, or is not, as the case may be, fit to be so restrained.
(3) If the medical officer certifies that the prisoner is not fit to be so restrained the restraint shall be removed forthwith and the matter reported without delay by the officer-in-charge to the Commissioner.
4. Senior officer to be present when restraint applied
Except where restraint is applied in the circumstances mentioned in the proviso to paragraph (1) of regulation 3, the senior of the prison officers on duty at the prison at the time of the application of any restraint shall be present when the restraint is applied.
5. Details of restraint to be entered
(1) When any prisoner is subjected to restraint the number and name of the prisoner, the date and time of application of the restraint, and the reasons for the use of the restraint shall be recorded by or under the direction of the officer-in-charge in a register which shall be called the restraint register, and every entry shall be notified by the officer-in-charge to the Commissioner as soon as possible.
(2) The time when any prisoner who has been subjected to restrain is released shall be recorded in the restraint register.
(3) Where any prisoner is subjected to any restraint in a hospital the particulars referred to in paragraphs (1) and (2) of this regulation shall be recorded by a member of the hospital staff present and such record shall be forwarded to the officer-in-charge of the prison to which the prisoner belongs.
(4) At the end of every month a statement of prisoners subjected to restraint for any period during such month shall be forwarded by the officer-in-charge to the Commissioner.
6. Release from restraint
Where any person has been subjected to restraint he shall be released therefrom immediately.
7. Female prisoners
No female prisoner shall be restrained by means of a body belt with handcuffs.
8. Handcuffs
A prisoner shall be handcuffed with his hands behind his back only when the prisoner has shown or threatened violence, and no prisoner shall be so handcuffed within a prison during meal time or at night.
9. Leg irons
No prisoner shall be placed in leg iron unless leather ankle straps or ankle puttees have first been placed on the leg or legs on which such irons are to be placed.
10. Body belt with handcuffs or leather cuffs
When any prisoner is restrained by means of a body belt with handcuffs or body belt with leather cuffs the left hand of such prisoner, or, in the case of a left-handed prisoner the right hand, shall be released during meal times.
11. Restraint on medical grounds
Notwithstanding anything contained in these Regulations, the medical officer or a medical officer employed in a hospital in which a prisoner is receiving medical treatment may restrain any prisoner on medical grounds in such manner as the medical officer deems necessary and the provisions of these Regulation shall not apply to the restraint.


THE RESETTLEMENT OF OFFENDERS ACT, CAP.71
THE RESETTLEMENT CENTRES (DISCIPLINE AND ORDER) REGULATIONS
(Section 18)
G.N. No. 182 of 1978



NATONAL DEFENCE ACT. CAP. 192

Defence Forces (Service Prisons and Detention Barracks) Regulations

57. Handcuffs
(1) An inmate who requires restraint by handcuffs shall normally be handcuffed with hands in front of his body.
(2) When an inmate is exceptionally violent, the commandant may order in writing that the inmate's hands shall be handcuffed behind his back, except at meal-times and from Lights Out to Reveille.

 

[mayenga]

There is no law, to my knowledge that prohibits the possession of HandCuffs by private persons. Also it is possible for individuals to have Handcuffs for a variety of reasons including restraining violent patients at home ( mentally deranged especially, or sometime patients in a semi-comatose state attempting remove drip equipment from their arms, etc.). In my short research I have found that Handcuffs are refferred to in our laws under penal processes where a lawful authority would have prisoners or in hospitals ( I can imagine Mirembe hospital having handcuffs for patients). But what is significant in all this is that such restraint must be used in a specified and approved manner. I don't think for private use there is any legal regulation or prohibition of having Handcuffs for whatever lawful use, apart from objections that may be generated by private persons under Tort Law -i.e. Unlawful Detention. Otherwise it seems no restriction exists. See the Extracts below FYI:

PRISONS ACT, CAP. 58

THE PRISONS (RESTRAINT OF PRISONERS) REGULATIONS 1968
(Section 105)
G.N. No. 18 of 1968
1. Citation
These Regulations may be cited as the Prisons (Restraint of Prisoners) Regulations.
2. Restraint
Where it is provided in the Prisons Act that a prisoner may be restrained, such restraint may be effected by one or more of the following means–
(a) body belt with handcuffs;
(b) body belt with leather cuffs;
(c) handcuffs;
(d) ankle straps; or
(e) leg irons.
3. Type of restraint to be specified
(1) When the Officer-in-charge makes an order for the restraint of any prisoner he shall specify which type of restraint shall be used and shall so soon after the carrying into effect of the order as is possible give notice to the medical officer:
Provided that no notice shall be necessary–
(i) where the prisoner has been ordered to be restrained by means of handcuffs or ankle straps while he is being removed from one part of a prison to another or is being escorted or is working outside a prison; and
(ii) where the prisoner is receiving medical treatment in a hospital.
(2) Upon receipt of the notice referred under regulation (3) the medical officer shall examine the prisoner and shall certify in the restraint register hereinafter that in his opinion the prisoner is, or is not, as the case may be, fit to be so restrained.
(3) If the medical officer certifies that the prisoner is not fit to be so restrained the restraint shall be removed forthwith and the matter reported without delay by the officer-in-charge to the Commissioner.
4. Senior officer to be present when restraint applied
Except where restraint is applied in the circumstances mentioned in the proviso to paragraph (1) of regulation 3, the senior of the prison officers on duty at the prison at the time of the application of any restraint shall be present when the restraint is applied.
5. Details of restraint to be entered
(1) When any prisoner is subjected to restraint the number and name of the prisoner, the date and time of application of the restraint, and the reasons for the use of the restraint shall be recorded by or under the direction of the officer-in-charge in a register which shall be called the restraint register, and every entry shall be notified by the officer-in-charge to the Commissioner as soon as possible.
(2) The time when any prisoner who has been subjected to restrain is released shall be recorded in the restraint register.
(3) Where any prisoner is subjected to any restraint in a hospital the particulars referred to in paragraphs (1) and (2) of this regulation shall be recorded by a member of the hospital staff present and such record shall be forwarded to the officer-in-charge of the prison to which the prisoner belongs.
(4) At the end of every month a statement of prisoners subjected to restraint for any period during such month shall be forwarded by the officer-in-charge to the Commissioner.
6. Release from restraint
Where any person has been subjected to restraint he shall be released therefrom immediately.
7. Female prisoners
No female prisoner shall be restrained by means of a body belt with handcuffs.
8. Handcuffs
A prisoner shall be handcuffed with his hands behind his back only when the prisoner has shown or threatened violence, and no prisoner shall be so handcuffed within a prison during meal time or at night.
9. Leg irons
No prisoner shall be placed in leg iron unless leather ankle straps or ankle puttees have first been placed on the leg or legs on which such irons are to be placed.
10. Body belt with handcuffs or leather cuffs
When any prisoner is restrained by means of a body belt with handcuffs or body belt with leather cuffs the left hand of such prisoner, or, in the case of a left-handed prisoner the right hand, shall be released during meal times.
11. Restraint on medical grounds
Notwithstanding anything contained in these Regulations, the medical officer or a medical officer employed in a hospital in which a prisoner is receiving medical treatment may restrain any prisoner on medical grounds in such manner as the medical officer deems necessary and the provisions of these Regulation shall not apply to the restraint.


THE RESETTLEMENT OF OFFENDERS ACT, CAP.71
THE RESETTLEMENT CENTRES (DISCIPLINE AND ORDER) REGULATIONS
(Section 18)
G.N. No. 182 of 1978



NATONAL DEFENCE ACT. CAP. 192

Defence Forces (Service Prisons and Detention Barracks) Regulations

57. Handcuffs
(1) An inmate who requires restraint by handcuffs shall normally be handcuffed with hands in front of his body.
(2) When an inmate is exceptionally violent, the commandant may order in writing that the inmate's hands shall be handcuffed behind his back, except at meal-times and from Lights Out to Reveille.

Sure dr, but i think the Court can not left its hand twiddled and fail to rule on offence before it on the ground that there is no law prohibiting the same.My legal method reminds me about JUDICIAL HUNCH.If am right.I stand to be corrected.