The Bill allows Police to apply for digital device access orders, which can require suspects, device owners, users or system administrators to provide passwords, access information or technical assistance to access phones, computers and other digital devices.
It also states that failing to comply with a digital device access order is an offence, and self-incrimination cannot be used as a reasonable excuse for refusing access.
The Bill also gives Police clearer legal authority to preserve, copy and examine digital evidence obtained during investigations.
It introduces covert surveillance powers, including covert monitoring, recording of communications and the use of tracking devices for serious offences.
Police can also seek judicial approval for covert entry warrants and the placement of tracking devices during investigations.
The Bill further modernises forensic policing by setting out rules for DNA profiling, forensic sampling and scientific analysis.
The Bill also allows forensic analyst certificates to be used as evidence in court proceedings.
In addition, Police training programmes must now include forensic procedures, constitutional rights, human rights protections and the proper limits on Police powers.
Under the Bill, Police officers will be able to arrest people without a warrant if they reasonably suspect an offence has been committed or is about to be committed, particularly where it is necessary to prevent harm, protect vulnerable people, confirm identity or ensure investigations are not obstructed.
The Bill also broadens search warrant powers and allows urgent searches without warrants in situations where evidence could be concealed or destroyed.
It further introduces covert surveillance powers, allowing Police to secretly monitor and record a person’s activities and communications during serious criminal investigations, while also permitting the use of tracking devices under judicial approval.
The Bill gives the Commissioner the power to issue stop departure orders preventing suspects under investigation from leaving Fiji for up to 30 days.
The Bill further allows courts to order suspects, device owners and system administrators to provide access to phones, computers and digital systems, including passwords or assistance needed to retrieve information.
Refusal to comply without reasonable excuse becomes an offence.
It also formalises the use of reasonable and necessary force by Police when exercising their duties, subject to proportionality and constitutional safeguards, and gives Police powers to temporarily close roads, control traffic and erect barriers during serious incidents, public disorder or major operations.
