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15. General
principles of securing an accused person
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Article 94-Fugitives
from justice
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| 94.1 |
Fugitives from justice |
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A fugitive from justice is any person for which a fugitive from justice warrant exists. |
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There are four principle reasons for the issue of a fugitve from justice warrant: |
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(1) That a person is wanted in connection to an offence and has failed to surrender themselves to police for questioning; |
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(2) That a person was granted conditional release and has breached the conditions of their bail and/or failed to appear; |
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(3) That a person has escaped from custody; |
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| 94.2 |
Violent and dangerous fugitives from Justice |
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A violent and dangerous fugitive from justice is a person for which a fugitive from justice warrant exists and, the following specific conditions exist: |
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(1) They have been previously convicted of a violent offence; |
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(2) They have previously shown contempt for military law enforcement officials through violent or intimidation and/or escape; |
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(3) They are believed to be armed. |
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| 94.3 |
Right to shoot to kill in order to defend military law enforcement and other citizens |
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Where a violent and dangerous fugitive from justice exists, by this Code, military law enforcement officials are permitted to use deadly force in order to defend themselves and protect the lives of others if such a person is unwilling to surrender peacefully. |
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Law enforcement officials must offer the right to surrender once, clearly and without mistake and must not harm or injure the fugitive if they immediately surrender without incident. This is not required if the dangerous and violent fugitive is believed to hold hostages. |
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