A discussion paper from Fiji’s Law Reform Commission is advocating the formal legalisation and regulation of covert policing operations as part of a broad review of the Police Act 1965. The paper argues that the current law is silent on key elements of intelligence gathering in modern policing and lacks clear rules on how such activities should be conducted.
Under the existing Police Act, Section 17(3) assigns police officers the duty to collect and communicate intelligence, but the provision provides no detail about what intelligence gathering entails or the proper procedures to follow. The paper highlights that covert policing operations—such as undercover officers, surveillance devices, and discreet interactions with suspects—were raised during targeted consultations as essential tools for tackling organised crime, drug trafficking, corruption, and other complex offences. It also points out that the current Act offers no framework to regulate covert operations, no surveillance warrants, no formal oversight mechanisms, and no clear authorisation procedures. The result, it warns, could be breaches of privacy rights, evidence challenges in court, and a lack of accountability for operations.
In contrast, the Illicit Drugs Control Act 2004 does provide some authority for covert actions in drug cases. The paper notes that a High Court judge can issue an interception warrant to covertly monitor and record a suspect’s conduct and communications if a senior police officer has reasonable grounds to believe an offence has been or will be committed. The warrant can even authorize covert entry to install monitoring devices, and urgent cases can be addressed via oral applications valid for a short period. A controlled operation typically follows an application to a Controlled Operations Committee.
The paper’s call for regulation aligns with a broader government drive to modernise Fiji’s policing framework. Other reform efforts underway include ongoing reviews of the Police Act and the Illicit Drugs Act, alongside moves such as the establishment of the Counter Narcotics Bureau to coordinate the state’s response to drug-related crime. These developments reflect a proactive stance toward updating laws, strengthening public safety, and rebuilding public trust in law enforcement, while emphasising the need for clear safeguards, accountability, and respect for rights in contemporary policing.
Looking ahead, audiences can expect further steps in this reform process, including continued consultations with government bodies, law enforcement, civil society, and the public. The aim is to produce updated policing legislation that balances effective crime-fighting capabilities with constitutional rights and civil liberties, while incorporating modern technology and accountability measures. Public participation and transparent oversight are seen as central to shaping a more professional, responsive, and trustworthy police service.
Summary: Fiji is examining how covert policing should be regulated within the Police Act 1965, seeking to formalise procedures for intelligence gathering and oversight to prevent rights violations and ensure accountability, in the context of broader policing reforms and efforts to modernise drug enforcement.
Additional context and commentary:
– The reform effort is part of a wider trend toward modernising Fiji’s policing laws, including public consultations and engagement with civil society groups to ensure rights protections and accountability.
– The push for clearer rules on covert operations accompanies other modernization steps, such as improving use-of-force policies, strengthening whistleblower protections, and expanding community policing models, all designed to rebuild public trust while equipping the police to confront evolving crime threats.
– If the reforms establish robust oversight, explicit authorisation processes, and transparent governance, they could help Fiji navigate the balance between sophisticated policing techniques and the protection of individual rights, contributing to a safer society and a more trusted relationship between the police and communities.
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