FUNCTIONS AND ROLES OF POLICE IN DEMOCRATIC POLICING Josiah H.C. Kanthiti, S.A.C.P. Officer in Charge THYOLO POLICE STATION 16/11/2018

Structure Presentation Objective Guiding Standards for Roles and Functions of Police in Democratic Policing General Roles and Functions of Police Roles, Duties and Functions of Police in Democratic Policing Democratic Authoritarian Traditional Model of policing. Conclusion 16/11/2018

Objective Participants will be sensitized on the functions and roles of police which are consistent with the principles of democratic policing as opposed to authoritarian traditional model of policing. 16/11/2018

Guiding Standards for Roles and Functions of Police in Democratic Policing Every person has a constitutional right to freedom and security of person. No one shall be subjected to torture or cruel, inhumane or degrading treatment or punishment. 16/11/2018

In the exercise of his/her rights and freedoms, everyone shall be subject only to such limitations as are determined by law. Every law enforcement agency shall be representative of and responsive and accountable to the community as a whole. 16/11/2018

Every person has the right to freedom of opinion, expression, assembly and association. Limitations on rights and freedoms shall be only those necessary to secure recognition and respect for the rights of others, and for meeting the just requirements of morality, public order and general welfare in a democratic society. 16/11/2018

The civility of a nation is measured by the civility of its police 16/11/2018

General Functions of the Police Service – Sec 4 of Police Act The prevention, investigation and detection of crime; The apprehension and prosecution of offenders; The preservation of law and order; 16/11/2018

The protection of life, property, fundamental freedoms and rights of individuals. The due enforcement of all laws with which the Police are directly charged 16/11/2018

The exercise or performance of such other powers, functions and duties as are conferred on the Police by or under the Police Act or any other written law or as may by law be exercised, performed or otherwise discharged by the Police. 16/11/2018

Additional Roles, Duties and Functions of Police in Democratic Policing The main functions of democratic police services “are to maintain public tranquility, law and order; to protect the individual’s fundamental rights and freedoms, particularly life; to prevent and detect crime; to reduce fear; and to provide assistance and services to the public”. 16/11/2018

Role of the police in democratic policing involve continuous reassurance of safety and security for the community Democratic policing therefore requires that the police remain and work with the community. 16/11/2018

Adherence to Rule of Law – Sec. 12 (6) of the Constitution All institutions and persons shall observe and uphold the constitution and the rule of law and no institution or person shall stand above the law! 16/11/2018

What is the Rule of Law? The rule of law is a system of rules and rights that enables fair and functioning societies. 16/11/2018

The World Justice Project defines this system as one in which the following four universal principles of Rule of Law are upheld: The government and its officials and agents as well as individuals and private entities are accountable under the law. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property. 16/11/2018

The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve. 16/11/2018

Democratic vs. Authoritarian Policing Democratic Model Authoritarian Model Power held by the many Rule of Law Confidence Enforcement of the law Service to the community Honesty and Accountability Partnership Support from the society Respect for people’s rights Respected police Responsive to the community Power held by the few Arbitrariness Intimidation Enforcement of state control Protection of elites Corruption and impunity Police doing everything Distrust of society Violation of rights Fear Responsive to orders 16/11/2018

Conclusion In a democracy, the will of the people is the basis of government authority Under Democratic Policing, police conduct is subject to rule of law that values and respects human dignity; intervenes in citizen’s life under “limited and controlled circumstances”; and is accountable to the public it serves. 16/11/2018

ANY QUESTIONS?????? 16/11/2018