Regulation of Offenses that Allow Detention

The President’s Office

Male’

Maldives

Regulation of Offences that Allow Detention and that Do Not Allow Detention

Preamble

1. (a) This is the Regulation that explains the offenses and conditions by which people under allegations of offense may be detained, the offenses and conditions in which people may not be detained and that which describes the procedures related to such.

(b) This Regulation shall be cited as “Regulation of Offences that Allow Detention and that Do Not Allow Detention”.

Offenses and Conditions that Allow Detention

2. (a) A person shall be detained, as under article 6 of Act No 4/68 (Common Laws), by the Ministry of Defence and National Security, Ministry of Atolls Development, and the Ministry of Home Affairs and Environment, if he commits an offence cited in Schedule 1 of this Regulation, or abets in committing such act, or if an acceptable allegation is put forward of abetting in committing offense, or if he attempts to commit such offense.

(b) In addition to the conditions described in (a) of this number, a person may be detained according to conditions described in Schedule 2 of this Regulation, by the Ministry of Defence and National Security, Ministry of Atolls Development, and the Ministry of Home Affairs and Environment.

Offenses that Do Not Allow Detention

3. Save in connection with offenses described in Schedule 1 of this Regulation as stipulated by article 2(a) of this Regulation or due to conditions described in Schedule 2 of this Regulation as stipulated by article 2(b) of this Regulation, no one shall be detained having being accused of an offense.

Meanings

Unless provided otherwise in this Regulation:

“Offenses that allow detention” shall mean offenses described in Schedule 1 of this Regulation and offenses described in Schedule 2 of this Regulation.

“Offenses that do not allow detention” shall mean all offenses and conditions save those cited as offenses and conditions that allow detention.

1 March 2004.

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Schedule 1

(Offenses that Allow Detention)

1. Offenses cited in Chapter 1 of the Maldives Penal Code under the title “Acts against the State and Disharmony”

2. Offenses in the following articles of Chapter 2 of the Maldives Penal Code under the title “Public Tranquility and Public Order”.

(a) Article 46 (Unlawful Assembly)

(b) Article 47 (Parties to an Unlawful Assembly)

(d) Article 49 (Participating in an Unlawful Assembly armed with a Deadly Weapon)

(e) Article 50 (Use of Force in an Unlawful Assembly)

(f) Article 51 (Show of Force in an Unlawful Assembly with a Deadly Weapon)

(g) Article 52 (Parties to an Unlawful Assembly How Found Guilty)

(h) Article 53 (Further Action after an Unlawful Assembly is ordered to Disperse)

(i) Article 54 (Obstructing a Person Endeavoring to Disperse an Unlawful Assembly)

(j) Article 55 (Persons Responsible for Places where Unlawful Assemblies are held)

(k) Article 56 (Persons Assisting an Unlawful Assembly)

(l) Article 57 (Unlawful Assembly for the Benefit of a Particular Person)

(m) Article 58 (Committing an Act in a Public Place that would Disturb the Peace)

(n) Article 59 (Loss Caused by Unlawful Assembly to Public Property)

3. Offenses in the following articles of Chapter 3 of the Maldives Penal Code

(a) Article 70 (Concealing any evidence in relation to a capital offence)

(b) Article 71 (Concealing any evidence relating to an offence punishable with imprisonment or exile for life or a period exceeding 10 years)

(d) Article 76 (Assisting offenders)

(e) Article 78 (Assisting offender who has escaped from custody)

(f) Article 79

(g) Article 80 (Public servant committing unlawful act to mitigate person’s punishment)

(h) Article 81 (Public servant using authority to arrest or detain innocent persons)

(i) Article 82 (Persons in detention or confinement escaping or absconding due to negligence of public servant)

(j) Article 83 (Obstruction to apprehend or detain offender)

(k) Article 85 (Interruption of lawful judicial or legal proceedings)

(l) Article 86 (Obstructing public servant in discharge of his functions)

4. Offenses cited in Chapter 4 of the Maldives Penal Code under the title “Offences Relating to Coins and Notes”

5. Offenses cited in Chapter 4 of the Maldives Penal Code under the title “Offences relating to Government stamps or seal”.

6. Offenses cited in Chapter 4 of the Maldives Penal Code under the title “Offence of Assault”.

7. Offenses cited in Chapter 4 of the Maldives Penal Code under the title “Offences of theft, misappropriation, criminal breach of trust, cheating and extortion”.

8. Offenses in the following articles of Chapter 4 of the Maldives Penal Code under the title “Offences affecting public health, safety convenience and customary living practices”.

(a) Article 101 (Spread of disease through malignant act)

(b) Article 102 (Disobedient to quarantine rules)

(d) Article 104 (Sale of noxious food or drink)

(e) Article 105 (Adulteration of drugs)

(f) Article 106 (Sale of adulterated or expired drugs)

(g) Article 107 (Sale of a drug as a different drug)

(h) Article 109 (Negligent use or driving of vehicles and vessels)

(i) Article 110 (Exhibition of false light or mark that could mislead navigators)

(j) Article 111 (Overloading vessels with people or property)

(k) Article 112 (Danger or obstruction in public way or line of navigation)

(l) Article 113 (Negligent conduct with respect to poisonous substance)

(m) Article 114 (Negligent conduct with respect to combustible matter)

(n) Article 115 (Negligent conduct with respect to explosive substance)

(o) Article 116 (Negligent conduct with respect to machinery, engines and the like)

(p) Article 117 (Negligent conduct with respect to felling trees, pulling down buildings and felling walls.)

9. Offenses in the following articles of Chapter 4 of the Maldives Penal Code under the title “Offences relating to elections”.

(a) Article 119

(b) Article 120

10. Offenses in the following articles of Law Number 4/75 AH (Items Banned to Import into Maldives Act).

(a) Article 2 (Items banned to be imported save for requirement of State)

(b) Article 4 (Items totally banned to be imported)

11. Offenses in Law Number 17/77 (Narcotics Act) save offense cited under article 8 of the Act.

12. Offenses in Law Number 10/90 (Prevention of Terrorism Act)

13. Offenses in the following articles of Law Number 5/87 (Maldives Fishing Act)

(a) Article 6 (issuing license)

(b) Article 7 (Manner by which unlicensed vessels may enter Maldives Economical Zone)

14. Offenses under article 4 (Banned Acts) of Law Number 6/94 (Protection of Religious Unity of Maldivians Act)

15. Offenses in the following articles of Law Number 4/93 (The Environmental Protection and Preservation Act of the Maldives)

(d) Article 8 (hazardous wastes)

16. Offenses in article 26 of Law Number 5/81 AH (General Elections Act) save offense cited in number 1 of (a) of the said article.

17. The following offenses

(a) Child sexual abuse

(b) Rape

(d) Sexual misconduct with a person with whom marriage is proscribed

(e) Prostitution

(f) Sexual misconduct in a public place

(g) Fornication or engaging in sexual misconduct in the presence of another person

(h) Videoing sexual misconduct

(i) Extracting money from someone by intimidating him

(j) Drinking eau du cologne for inebriation

(k) Using oshani [Jimsonweed or Moonflower] for inebriation

(l) Using medicine for inebriation

(m) Leaving without reporting to authorities in event of harming someone in an accident.

(n) Unlawfully bringing in items into prison

(o) Damaging sites such as dwelling houses or stores, dwelling hotels and such like with intention of committing offence

(p) Murder

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Schedule 2

(Conditions that Allow Detention)

(a) Reason to believe that the accused was objecting to clarify name and address upon request to clarify them during the questioning of the accused or reason to believe that the accused had deceived or attempted to deceive name and address;

(b) Failing to attend summons for investigation without acceptable reason

(d) Sufficient reasons to believe person required for investigations might go into hiding

(e) Person having or reason to believe person having in possession stolen or extorted property or having weapon that can damage a place or object in order to steal or extort.

(f) Person serving sentence absconding

(g) Person under legal detention absconding

(h) When person is required to be detained under international convention that Maldives is party to or under international convention binding on the Maldives

(i) Self-harming oneself or attempting to harm someone or attempting to damage someone’s property

(j) Foreigners flouting Maldives immigration regulations

(k) Court ordering detention of person or person breaching court order

(l) Sighting person in an inebriated state

(m) Encountering a condition by which a person may be detained according to a law or regulation.

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