In the matter of R v Kumar & Ors (FH 16 of 2024) [2024] SCSC 78 (27 May 2024)

Remanding suspects in police custody for an offence punishable only by a fine is not supported by law and would violate international obligations under UNCLOS; suspects should be detained in an appropriate detention centre or safe place under police supervision for 4 days.

Source-derived case information.

Citation: [2024] SCSC 78
Parties: Applicant: Republic; Respondent: 6 suspects (unnamed)
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 27 May 2024
Case Number: FH 16 of 2024
Procedural Posture: Criminal Application / Application for Further Holding/remand of Suspects
Outcome: Application for remand in police custody denied; alternative detention ordered.
Legal Topics: Remand in Custody, Fishing Without License, International Obligations Under UNCLOS
Source Language: english

Criminal Law Maritime Law Remand in Custody Fishing Without License International Obligations Under UNCLOS

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2

Parties

Republic

Applicant

6 suspects (unnamed)

Respondent

Procedural Posture

Criminal Application / Application for Further Holding/remand of Suspects

Legal Issues

1 Whether the suspects should be remanded in police custody pending investigation for fishing without a foreign fishing license
2 Whether remanding the suspects in police cells would violate obligations under UNCLOS

Ratio Decidendi

Court Disposition

Application for remand in police custody denied; alternative detention ordered.

Orders

6 suspects to be detained in an appropriate detention centre under police supervision for 4 days as of today.
If such facility is unavailable, police to keep them in a safe place under supervision.

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