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LAW ENFORCEMENT AGENCY
Any entity or body that is entrusted or contracted by a State with the prevention,
detection and investigation of crime and the arrest and detention of criminal suspects
and offenders; this includes immigration and other border control agencies. Law
enforcement agencies may work at the local, provincial, national or supranational
level. The body or unit of the military or of other security forces will be considered
a law enforcement agency when it is conducting law enforcement tasks, whether
domestically or in another jurisdiction.125
LAW ENFORCEMENT OFFICIAL
Any officer of the law, whether appointed or elected, who exercises police powers,
especially the powers of arrest or detention.126 Where law enforcement powers are
exercised by the military, whether uniformed or not, or by State security forces, the
definition of law enforcement official includes any officers of such services.127 Law
enforcement officials include immigration officers. The term applies equally to those
acting on national territory or extraterritorially.
LEGITIMATE LAW ENFORCEMENT OBJECTIVE
An objective that is recognized in both international and national law, such as protecting
members of the public or a law enforcement official from violence, preventing the
perpetration of a criminal offence, arresting a person suspected of having committed
a criminal offence, or detaining a convicted criminal pursuant to a lawful sentence.
The term also refers to the duty of law enforcement agencies and officials to facilitate
and protect the right of peaceful assembly; in certain circumstances it may encompass
medical purposes when they are pursued in accordance with medical ethics.
Code of Conduct, commentary (a) and (b) to article 1; footnote to the Basic Principles.
Ibid., commentary (a) on article 1.
127
Ibid., commentary (a) and (b) to article 1; footnote to the Basic Principles.
125
126
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