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Arresting facts

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  • Given the nature of our police force, one can safely predict systemic violations of these due process norms. One even suspects a perverse institutional effect in that the police may now charge suspects with offences inviting punishments higher than seven years even when it is not merited, only to make sure they can be arrested. The amendment is well-meaning. But without systemic police reforms establishing the necessary institutional environment, their translation into practice is dubious. In the meantime, our lawyers can be certain that there will be enough violations of these due process norms to keep them in business.

    The writer is a legal scholar at Oxford University

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