Prevention of Terrorism Act 2015

For the most part, the provisions of Prevention of Terrorism Act 2015 (POTA) resemble those of Prevention of Crime Act 1959. Under POTA, individuals detained can be remanded for 21 days after the initial 24 hours’ detention with a statement in writing by a police officer not below the rank of inspector. This can again be further extended for an additional 38 days with a statement in writing by the Public Prosecutor stating his opinion that sufficient evidence exists alongside a written statement from a police officer not below the rank of Assistant Superintendent stating the intent to hold an inquiry into the case at hand.

After this initial remand period of 60 days, the detainee would then be heard before the Prevention of Terrorism Board where an inquiry officer would produce the evidence against the detainee. If the Board is satisfied with the evidence submitted, the Board may pass a sentence of 2 years’ detention or impose a restriction order for no more than 5 years. Failure to adhere to the restriction order can be punished with imprisonment of up to 10 years. The board also has the power to extend the detention period at any time before the expiry of the initial detention order. Any decision made by the Board is not open to judicial review under Section 19(1) of POTA.