Criminal law – Torture. 'A public official or person acting in an official capacity' in s 134 of the Criminal Justice Act 1988 was not confined to those acting on behalf of a recognised state. The Court of Appeal, Criminal Division, held that it covered any person who, in peace time or in a situation of armed conflict, acted otherwise than in a private and individual capacity for, or on behalf of, an organisation or body which exercised, or purported to exercise, the functions of government over the civilian population in the territory which it controlled and in which the relevant conduct occurred.