Police officers should not be given an unrestricted power to arrest a person without a warrant simply because the person is about to commit an offence, according to a parliamentary committee reviewing the Fiji Police Bill 2026.
The Standing Committee on Justice, Law and Human Rights has recommended deleting a provision under Clause 47 of the proposed legislation dealing with arrests without warrants.
The recommendation is contained in the committee’s report on the review of the Fiji Police Bill (Bill No. 12 of 2026), tabled in Parliament.
“The Committee instructed the deletion of paragraph (a) of this provision – power to arrest without a warrant,” the report states.
The provision proposed for deletion would allow a police officer to arrest a person without a warrant if that person was about to commit an offence.
However, the committee has recommended retaining other grounds for warrantless arrests.
These include circumstances where a person is committing an offence, or where an officer has reasonable grounds to suspect that a person is committing or is about to commit an offence.
Under Clause 47, an arrest without a warrant would also be subject to the officer reasonably believing that the arrest is necessary for specified purposes.
These include establishing a person’s identity, preventing harm or obstruction, protecting vulnerable people, ensuring an effective investigation or preventing a suspect from disappearing.
The recommendation is among several amendments proposed by the committee following its review of the Bill and public consultations.
In its report, the committee said it had carefully examined whether the proposed policing framework struck an appropriate balance between empowering officers to prevent and investigate crime and ensuring those powers were exercised lawfully and proportionately.
Particular attention was given to warrantless searches, surveillance powers, digital device access and the protection of constitutional rights and freedoms.
The Fiji Police Bill 2026 seeks to repeal and replace the Police Act 1965, introducing a modern legislative framework governing police powers, investigations, disciplinary procedures and community policing.
The committee said its recommended amendments were intended to strengthen accountability and safeguards while preserving the Bill’s overall objectives.
The proposed changes to warrantless arrest powers remain subject to Parliament’s consideration.
