Law No. (8) of 2016
Regulating the Grant of
Law Enforcement Capacity in the Government of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (3) of 1987 Issuing the Penal
Code and its amendments;
Federal Law No. (35) of 1992 Issuing the
Criminal Procedures Law and its amendments;
Law No. (22) of 2015 Regulating Partnership
between the Public Sector and the Private Sector in the Emirate of Dubai;
Law No. (32) of 2015 Concerning the Official
Gazette of the Government of Dubai; and
Decree No. (23) of 2014 Establishing the
Supreme Legislation Committee in the Emirate of Dubai,
Do hereby issue
this Law.
This Law will be cited as "Law No. (8) of 2016 Regulating the Grant of Law Enforcement Capacity in the Government of Dubai".
The following words
and expressions, wherever mentioned in this Law, will have the meaning
indicated opposite each of them unless the context implies otherwise:
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Emirate: |
The Emirate of Dubai. |
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Government: |
The Government of Dubai. |
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SLC: |
The Supreme Legislation Committee in the Emirate of Dubai. |
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Government Entity: |
Any of the Government departments, public agencies or corporations,
councils, authorities, or similar entities, including the authorities
supervising Special Development Zones and free zones such as the Dubai
International Financial Centre. |
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Director General: |
The director general of a Government Entity, including the executive
director, chief executive officer, or secretary general of that entity, or
any other person holding a similar position. |
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Law Enforcement Officer: |
Any natural person granted the authority to record acts committed in
breach of the local Legislation in force in the Emirate. |
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Person: |
A natural or legal person. |
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This Law aims to:
1.
ensure the proper
implementation of the Legislation in force in the Emirate;
2. ensure that Law Enforcement Officers are following proper procedures; and
3. promote Partnership between the Public Sector and the Private Sector in managing public facilities in the Emirate.
a.
The provisions of this Law will apply to employees of Government
Entities and of private companies and establishments who are granted law
enforcement capacity pursuant to the provisions of this Law.
b.
Members of judicial authorities, police personnel, and other individuals
holding similar positions are hereby exempted from compliance with the
provisions of this Law.
a.
Pursuant to a resolution of a Director General and in coordination with the
SLC, the law enforcement capacity to record acts committed in breach of the
local Legislation in force in the Emirate may be granted to or revoked from the
employees of a Government Entity or employees of a company or establishment
with which such entity has contracted to manage any of the public facilities
run or operated by that entity.
b.
Resolutions grating or revoking law enforcement capacity issued pursuant to
paragraph (a) of this Article will be published in the Official Gazette of the
Government of Dubai.
To be granted law enforcement capacity pursuant to this Law, a
person must:
1.
have job duties
that are related to the violations he is assigned to record, and to the
Legislation he is assigned to enforce;
2.
have the required
qualifications and experience that are relevant to the Legislation he is
assigned to enforce, and the ability to verify that the Persons to whom that
Legislation applies comply with its provisions;
3.
have a thorough
understanding of the Legislation he is assigned to enforce;
4.
successfully
complete the prescribed training courses; and
5.
not have been
sentenced to a penalty for a crime affecting honour or trustworthiness.
A resolution issued by a Director General to grant law enforcement
capacity pursuant to Article (5) of this Law must
contain the following essential details:
1.
the full name of the person granted the law
enforcement capacity;
2.
the job title of
the person granted the law enforcement capacity;
3.
the entity for or
with which that person is working; and
4.
the Legislation
he is assigned to record acts committed in violation thereof.
A Law Enforcement Officer must:
1.
comply with the
provisions of the Legislation he is assigned to enforce and, while performing
his duties, comply with the procedures stipulated therein;
2.
verify that the
Persons to whom the Legislation applies comply with the provisions thereof and
meet their obligations thereunder;
3.
record the
violations he is assigned to investigate and collect relevant evidence and
information in accordance with the rules approved in this regard;
4.
receive reports
and complaints relating to the violations he is assigned to record in accordance
with the procedures approved in this regard;
5.
take the
procedures and measures required to preserve the evidence related to a
committed violation;
6.
prepare violation
reports in which the measures taken by him in this regard are stated;
7.
observe professional
integrity and honesty, impartiality, and objectivity;
8.
produce evidence
of having law enforcement capacity when performing his duties;
9.
not use his law
enforcement capacity to achieve personal goals or benefits; and
10.
comply with any
other obligations determined by the Government Entity for which he is working,
or determined by the SLC.
For
the purpose of performing his duties, a Law Enforcement Officer will have the
powers to:
1.
where required,
seek assistance from police personnel;
2.
where required,
seek assistance from experts and translators;
3.
hear and record
the statements of informers and witnesses; and
4.
perform
inspection, conduct interrogations, request clarifications, and access
authorised places to collect information related to a committed violation.
A violation
report prepared by a Law Enforcement Officer must contain the following
essential details:
1.
details of violator;
2.
details of
committed violation;
3.
facts, measures taken,
and time and place of such measures;
4.
violator
signature, where the violation report is prepared in his presence. Any refusal
to append signature will be stated in the report;
5.
statements and
signatures of witnesses, experts, and translators, if any;
6.
name and
signature of the Law Enforcement Officer; and
7.
any other details
required pursuant to the relevant Legislation.
a.
Any affected party may submit to the Director General a written
grievance in respect of any violation attributed to him, within thirty (30)
days from the date of being notified of that violation.
b.
If a violation report is prepared by an
employee of a private company or establishment with which a Government Entity
has contracted to manage a public facility, the grievance in respect of that
report must be submitted to the Director General of that Government Entity.
c.
A grievance submitted pursuant to paragraph
(a) or paragraph (b) of this Article must be submitted to the concerned
Government Entity containing the following essential details:
1.
name, capacity, address, and contact details of the complainant;
2. name and address of the entity
against which the grievance is filed;
3. grounds for the grievance,
accompanied by supporting documents;
4. claims of the complainant; and
5. names of the witnesses, if any, upon
whom the complainant relies to support his grievance.
d.
The grievance will be considered by the
concerned Government Entity in accordance with the procedures approved by it in
this regard. The decision issued by the concerned Government Entity on the
grievance will be final and not subject to any administrative review. However,
the complainant will preserve his right to recourse to court.
The Chairman of
the SLC will issue the resolutions required for the implementation of this Law.
Any provision in
any other Legislation will be repealed to the extent that it contradicts the
provisions of this Law.
This Law will be published in the Official Gazette and will come
into force on the day on which it is published.
Mohammed bin
Rashid Al Maktoum
Ruler of Dubai
Issued
in Dubai on 9 June 2016
Corresponding to 4 Ramadan 1437 A.H.
©2016 The Supreme Legislation
Committee in the Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict the Arabic text will prevail.