Journal of Human Security

The Extent of Compliance with Judicial Powers Granted to Judicial Police Officers - A Comparative Study

Abed Al-Rahman M. Malkawi
Department of Mathematics, Faculty of Arts and Science, Amman Arab University, Amman 11953, Jordan
Ali Akram Kadhim
Assistant Professor, private law, Civil Law, Lecturer at the Faculty of Law, Al-ALBayan Private University.
Nabeel Zaid Suliman Magableh
Assistant Prof. in law, Jadara University, Jordan
Majed falah alsarhan
Doctorate degree, criminal law, Zarqa University, Jordan, Zarqa
Jamal Awwad Alkharman
Assistant professor in law, Jadara University Faculty of Law / Law Department
Mohamed W. Abouyounes
Associate Professor of Constitutional and Administrative Law, College of Law – Taibah University – Saudi Arabia
Ayman Mohammed Al-Batoush
Dr Assistant Professor in the Department of Public Law / Faculty of Law, Al-Zaytoonah University of Jordan.
Sufian Tawfiq Baniamer
Political Science, Al-Yarmouk University, Jordan-Aqaba
Dr. Ahmed Fahd Mohammed Al-Batoush
Associate Professor, Ajloun National University, Faculty of Law, Department of Law

Abstract

This study investigates the degree to which judicial police officers adhere to the legal powers vested in them. A comparative analysis is employed to assess the judicial authority conferred upon these officers within Jordanian legal frameworks and to evaluate their level of compliance. Furthermore, the research explores the legal consequences associated with jurisdictional violations, including the potential for legal redress through appeals and the associated responsibilities of the individuals involved. The study extends its scope by comparing these findings with the practices in selected regional and international jurisdictions that delegate similar judicial powers to police officers. In addition, it examines relevant rulings issued by the Jordanian Court of Cassation, which nullify actions deemed unlawful. The discussion also encompasses the range of penalties applicable for overstepping legal authority, such as criminal, disciplinary, and civil liabilities. The findings indicate a notable lack of adherence by judicial police officers to procedural safeguards, particularly concerning the detention duration outlined in Article 100 of the Jordanian Code of Criminal Procedure. Evidence also points to unauthorised home entries conducted without a warrant endorsed by the Public Prosecutor and a disregard for procedural requirements, such as the necessity for the homeowner’s presence during searches, the inclusion of female officers, and the attendance of either the neighbourhood headman or two local residents. These breaches undermine individual liberties, especially during minor infractions such as traffic violations, where arrest or detention is unwarranted. Consequently, legal proceedings undertaken in such contexts should fall within the jurisdiction of the Public Prosecutor rather than that of public security officers.

Keywords: Police Officers, Judicial Powers, Comparative Study. ,