CHAPTER THREE
Procedure

PART I
ARREST AND BAIL

Arrest

Arrest without warrant
570.— (1) The powers of summary arrest conferred by subsections (2) to (8) shall apply to indictable and summary offences or offences for which a person (not previously convicted) may by virtue of any enactment be sentenced to imprisonment for five years, and to attempts to commit any such offence.

(2) Any police officer may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be, in the act of committing or about to commit, an offence.

(3) Where a police officer with reasonable cause, suspects that an offence has been committed, he or she may arrest without warrant anyone whom he or she, with reasonable cause, suspects committed the offence.

(4) Any person may arrest without a warrant any other person who is, or whom he or she, with reasonable cause suspects to be in the act of committing or about to commit an offence.

(5) Where an arrestable offence has been committed, any person may arrest without a warrant anyone who is, or whom he or she with reasonable cause, suspects committed the offence.

(6) Any police officer may arrest without warrant any person who is positively charged by another person with having committed an offence if the person making the charge is willing to accompany the police officer to a police station to enter into a recognizance to prosecute such charge.

(7) For the purposes of arresting a person under any power conferred by this section, a police officer may enter (if need be, by force) and search any place where that person is or where the police officer with reasonable cause, suspects him or her to be.

(8) This section shall not affect the operation of any enactment restricting the institution of proceedings for an offence, nor prejudice any power of arrest conferred by any enactment apart from this section.


Use of force in making arrest, etc.
571.— (1) A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.


Arrest without warrant by any person
572. Any person may arrest without a warrant any other person whom he or she may see engaged in committing an affray and deliver him or her over to the custody of a police officer to be dealt with according to law.


Person committing indictable offence
573.— (1) Any person who is found committing an indictable offence may be arrested by any other person without warrant, if the person making the arrest has reasonable grounds to believe that the offender may escape punishment, or may complete the commission of the offence, if he or she is not so arrested.

(2) Any person may, without warrant, arrest the person if such an offence has actually been committed, or if he or she is being pursued by a mob for committing such an offence.


Person found committing offence against property
574. Any person who is found committing any offence against property may be arrested and taken into custody, without warrant, by any police officer, or may be arrested by the owner of the property with respect to which the offence is committed, or by his or her employee or any other person authorised by him or her, and may in the latter case be detained for any period, not exceeding twenty-four hours, until he or she can be delivered into the custody of a police officer, to be dealt with according to law.


Person found in possession of property
575. Any person who finds any other person in possession of any property which he or she, has reasonable cause to suspect has been obtained by the commission of any offence, may arrest the person without any warrant, and take possession of the property.


Person offering property for sale, etc.
576 Where a person to whom any property is offered for sale, pawned, or delivered has reasonable cause to suspect that any offence has been or is about to be committed with respect to such property, may, without warrant, arrest such person and take possession of the property.


Arrest Under Warrant


Warrant to arrest
577. Where there is power to arrest a person without warrant or where it is believed that a suspected offender is evading service of summons or is likely to flee the country, a warrant for his or her arrest may be issued.


Form and requisites of warrant
578.— (1) A warrant for the arrest of any person issued under this Code , or unless the contrary is expressly provided, under any other enactment, shall bear the date of the day on which it is issued and shall be signed by the Judge or Magistrate by whom it is issued.

(2) No such warrant shall be signed in blank.

(3) No such warrant shall be issued without a complaint or other statement upon oath.

(4) Every such warrant may be directed either to a police officer by name, or to any police officer or generally to all police officers.

(5) Every such warrant may be executed by a police officer named in the warrant, or by any one of the police officers to whom is directed.

(6) Every such warrant shall —
(a) state briefly the offence or matter for which it is issued;
(b) state the name or otherwise describe the person to be arrested;
(c) order the police officer, or police officers, to whom it is directed to arrest the person, and bring him or her before the Judge, or before a Magistrate, as the case may be, to answer to the offence or matter contained in the information or statement, and to be further dealt with according to law.

(7) It shall not be necessary to make a warrant returnable at any particular time, and it shall remain in force until it is executed.


Copy to be kept by issuer
579.— (1) A copy of every warrant shall be kept by the Judge or Magistrate by whom it is issued.

(2) It shall be lawful for the Commissioner of Police to cause copies of warrants to be made and to certify such copies and every copy duly certified shall, for all purposes, be as valid as the original warrant.


Issue and execution on Sunday and public holiday
580. A warrant of arrest may be issued and executed on any day of the week including a Sunday or public holiday.


Power to break and enter in execution of warrant
581.— (1) Any police officer authorised to execute any warrant may, for the purposes of executing it, either with or without assistance from any other person or persons, break open and enter any house, building, or enclosed place, if he or she cannot otherwise enter the house, building, or enclosed place

(2) Before acting in accordance to subsection (1), the police officer must, as far as practicable, inform the ocupier that he or she is in possession of a warrant, or that a warrant has been issued for his or her arrest or that of a person suspected to be on the premises.


Possession of warrant by police officer
582.— (1) Subject to the provisions of this section, it is not necessary for the police officer executing a warrant to have it in his or her possession; but if he or she has it, he or she must, on request show it to the person arrested or to be arrested.

(2) A police officer executing any warrant, must, before making the arrest, inform the person to be arrested that there is a warrant for his or her arrest, but he or she may refrain from giving such information on the ground that it is likely to occasion the escape, resistance or rescue of the person.


When justice of the peace may issue warrant
583.— (1) Where, due to the absence in a magistrial district of a Magistrate or for any other cause, it is not practicable to make immediate application to a Magistrate for the issue of a warrant for the arrest of an offender, and the ends of justice are likely to be defeated by the delay in making such application to a Magistrate, any Justice of the Peace may take the necessary information, and, if he or she is of the opinion that a case for so doing is made out, shall issue such warrant in the same manner as the Magistrate.

(2) All subsequent proceedings in the case shall be taken before a Magistrate.