C onsumer R ights
with a view to committing an offense which is a felo-
ny or misdemeanor.
(2). The authority given to a police officer to arrest
a person who commits an offense in his presence
shall be exercisable in respect of offenses committed
in such officer’s presence notwithstanding that the
written law creating the offense provides that the
offender cannot be arrested without a warrant.
(3). The power conferred by this section upon a
polive officer shall be exercisable with a state by a
member of the police force.
Section 12 of the same Act provides for Arrest by a
private person without warrant;
12. Any private person may arrest any person in a
state who in his view commits an indictable offense,
or whom he reasonably suspects of having commit-
ted an offense which is a felony or having committed
by night an offense which
is a misdemeanor.
Section13.also provide
for the Arrest by owners
of property;
13. Persons found com-
mitting any offense
involving injury to prop-
erty may be arrested
without warrant by the
owner of the property
or his servant or persons
authorized by him.
Section 15, Arrest by
magistrate or judge;
15. When any offense is committed in the presence
of. A judge or magistrate within the division or dis-
trict in which such judge is sitting or to which such
magistrate is assigned. Such judge or magistrate may
himself arrest or order any person to arrest the of-
fender and may thereupon subject to the provisions
herein contained as to bail, commit the offender to
custody.
When a warrant of arrest is issued, it is issued based
on oath either by the complainant himself or by a
material witness.
A warrant of arrest may be issued on any day includ-
ing a Sunday or public holiday.
Section 22 of the same act provides thus;
(1). Every warrant of arrest issued under this act
or, unless the contrary is expressly provided, under
any other written law shall bear the date of the day
of issue, shall contain all necessary particulars and
shall be signed by the judge or magistrate by. Whom
it is issued.
(2). Every such warrant shall state concisely the of-
fense or matter for which it is issued and shall name
or otherwise describe the person to be arrested,
and it shall order or otherwise describe the person
to be arrested, and it shall order the police officer
or officers to whom it is directed to apprehend such
person and bring him before the court to answer the
complaint or statement, or to testify or otherwise
according to the circumstances of the case, and to
be further dealt with according to the circumstances
of the case, and to be further dealt with according
to law.
Section 28 of the Criminal Procedure Act provide
that;
(1). Every warrant of
arrest may be execut-
ed on any day includ-
ing a sunday or public
holiday.
(2). Every such war-
rant may be executed
by any police officer
at any time and in
any place in the state
other than within the
actual court room in
which a court is sitting.
(3). The person execut-
ing any such warrant shall, before making the arrest,
inform the person to be arrested that there is a war-
rant for his apprehension unless there is reasonable
cause for abstaining from given such information
on the grounds that it is likely to occasion escape,
resistance, or rescue.
(4). Every person arrested on such warrant shall,
subject to the provisions of sections 30 and 31 of
this Act be brought before the court which issued
the warrant as soon as is practicable after he is so
arrested.
In making an arrest the police officer making the
same shaLl touch or confine the body of the person
to be arrested, unless there be a submission to the
custody by word or action, a person arrested shall
not be bound or handcuffed, or be subjected to
When a warrant of arrest is
issued, it is based on oath
either by the complainant or
a material witness. A war-
rant of arrest may be issued
on any day including a
Sunday or public holiday.
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