President Christine Kangaloo has introduced a significant amendment to the Emergency Powers Regulations, 2025, aimed at clarifying the scope of police authority during investigations under emergency conditions. The sixth amendment, officially gazetted on November 17, explicitly states that law enforcement officers are empowered to prosecute individuals for any offences uncovered while lawfully exercising emergency powers. This amendment, effective retroactively from July 18—the date the state of emergency was declared—ensures that evidence of crimes discovered during the enforcement of emergency regulations is subject to punishment under existing laws. The update, designated as Regulation 20A, does not provide immunity to offenders but reinforces the legal framework for police actions during emergencies. This development follows legal challenges from a murder suspect detained under the regulations, who threatened to seek judicial review, alleging unlawful detention. The suspect’s legal team argued that the extension of detention under Regulation 13(3) was unjustified, as the initial arrest was not explicitly made under emergency powers. In response, the police defended their actions, citing the discovery of prohibited ammunition during a search and asserting that the detention was lawful under the regulations. The police emphasized the necessity of continued detention for public safety, given the suspect’s alleged ties to criminal elements.
SoE regulations updated: Police can charge suspects for crimes uncovered during operations
