Revised Police Bill: Officers must use ‘reasonable force’ for immunity
A revised version of the government’s controversial policing Bill of 2019 is still proposing to give cops immunity when executing a warrant. However, the revised bill now includes an additional condition.
The 2019 version of the proposed bill had attracted major concerns and public backlash — especially about sections 22 and 185 which together provided immunity for police officers acting under the authority of a warrant issued by a judge, magistrate, or Justice of the Peace.
But in the revised version of the legislation titled the Virgin Islands Police Act, 2023, government lawmakers added a caveat to Section 22 stating that officers would only be immune if they exercise “reasonable force in accordance with Section 190”.
Sections 190 and 191 of the revised bill goes on to state that a police officer may use force, if necessary, and “as is reasonable in the circumstances in the prevention of crime, or in effecting or in assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large”.
While the term “reasonable force” is commonly used in international law, the context within which it is used in the revised 2023 Police Bill has created some level of ambiguity.
The legislation did not offer a working definition for what would be considered “reasonable”. It also did not specify whose discretion would be used in a court of law to determine whether a particular action was ‘reasonable’ or not.
Several other changes in the Bill
Meanwhile, the change to the controversial ‘immunity clause’ was just one of several revisions made to the overall bill.
A computer-aided comparison between the 2019 bill and the 2023 bill showed that more than 700 changes were made. A breakdown of those changes indicated that there were 316 replacements of words/terms/sentences in the bill, 243 insertions/additions, and 220 deletions.
The proposed Police Act, 2023 was introduced to the House of Assembly last week and is scheduled for debate in an upcoming sitting of the House.
BVI News will bring further analysis of the newly proposed bill in subsequent publications.
Editor’s Note:
This latest proposed Police Bill seeks to repeal and replace the current three-decade-old Police Act (Cap 165).
Copyright 2024 BVI News, Media Expressions Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.
Why the police need ‘immunity’ in order to do their job properly? This sound like it gonna breed more corruption that stop it.
They need to stop taking people for a fool. What is ‘reasonable force’ and who is to say that the account of the police is true when push comes to shove. They need to do away with the immunity altogether. Unlawful searches, unlawful force being disguised as reasonable. Who will immunise the public against the incompetent, dishonest, vindictive cops. Garbage!! They should focus on training cops, focus on community and focus on training the public on what their rights are when they encounter an incompetent cop and how they can complain if they truly serious about fixing this mess also what the complaints procedures are and the standard of care and attention they should expect after filing a complaint. NO ONE should be voting for any bill that gives any police any sort of any immunity. They should all be held accountable. They should all have to do their jobs knowing that they have to answer if they do not know the rules or do not follow the rules. We are talking about a majorly incompetent police force here! The plague of these beautiful islands. This is a set up for the ultimate downfall of this place. What is the bleeding need for immunity if you evil hoodlums are not up to wickedness? WHAT?
Immunity? The police force is already made up of mostly non-locals that hate or could care less about locals and their safety.
Not to mention most police officers are notoriously psychopaths, sociopaths, narcissists and abusers & losers that join the force the gain a sense of false importance and authority they misuse.
Do they even have to go through a psychological evaluation here before getting a job in the force?
Anyhow. Just don’t try to use that “reasonable force” on the wrong people because not everyone believes that vengeance belongs to the Lord. That is all.
When will BVINews cease to be the Governor’s mouthpiece.
Who will decide what is “reasonable force”? It’s because officers in the US have immunity why they feel they can shoot down people at will.
What about the sections of the act dealing with searching someone house without them been there talking someone DNA and fingerprints Without consent also if you do not give them your name you can get 1year in jail.
The person who gets to decide what is “reasonable force” will never be a local… immunity is a bad idea no matter how you turn it…. Let the police carry the weight of their actions and decisions like everyone else.
What like W*****k and VINO?
They do not need immunity if they are doing their job correctly !!!! Look at the mess the USA are in for Qualified Immunity – it is abused and at the citizens cost -JUST NO
Two words with that can be the same but are opposite and contrary to each other..Reasonable action..That can be base on a state of mind of or belief by the authority, Now If someone in a house screaming help, help Police can break that door down, or if someone pulls a knife on a police a police can shoot him down..Are these action reasonable.? Discretion – U can say let leave the situation alone and walk away. Both actions have serious implications..Then it comes down to Judgment, The ability to make good on the spot decision..Mistake will happen, bad things will always happen…Even me a Civilian heard a woman in my neighbor my friend house bawling screaming I think the man beating her I went knock on the door, he come to the door sweating..and the woman got a big smile on her face..They were in their zone..You see how an action can be taken wrong and draw the wrong reaction.. Life,
Only explanation why we haven’t heard no mention of those other controversial things in the bill is because they don’t plan to change those even though they are also gross violations of our rights.
So, what has happened for this change to come into force? . I don’t see why people should use any force to get any adult to tell their names, to arrest them or any other lots. I hate this type of set up it will cause this place to become like the US.
Please Mr. Governor do not change the laws, every police officer should be held accountable for their actions. I don’t see the need for any change. I love my country and I need it to be peaceful, there are other things to work on. Young black boys are always the target,this onset of new laws will include new police, who are going to abuse their position.
Let those laws remain as it is.
Them want to be able to beat up on people and treat them any type of way and be protected from lawsuit!! Them better move from here with that bulls**t!! That uniform be giving them a** all kind of courage to get away with s**t!!
This bill seems to be the beginning of a police state….WE DON’T WANT A POLICE STATE!!!!
AGAIN, this place is so nice that the former Commissioner of Police decided to buy a house here and stay awhile.
STOP THE propaganda.
Signed,
We the People
why don’t we just get rid of the police and everybody carry a gun and we will all be happy
THIS IS YOUR GOVERNMENT WORKING FOR YOU