A warrant of arrest issued underneath any provision of this Act may be executed by a peace officer, and the peace officer executing such warrant shall achieve this by the phrases thereof. No provision of this Chapter regarding arrest shall be construed as removing or diminishing any authority expressly conferred by any other law to arrest, detain or put any restraint upon any particular person. Topic to the provisions of sections forty-six and 331, no provision of this Chapter relating to suspension shall be construed as removing or diminishing any civil right or legal responsibility of any person in respect of a wrongful or malicious arrest. 2 Anyone that is called upon to assist in arresting as contemplated in subsection 1 or who’s required to detain a person so charged, and who fairly believes that the said individual is the individual whose arrest has been authorized by the warrant of arrest or the communication, shall likewise be exempt from legal responsibility in respect of such help or detention.
Besides where in any other case expressly offered by any regulation, the summons shall be served by an individual referred to in subsection 1b by delivering it to the individual named therein or, if he can’t be discovered, by giving it at his residence or place of employment or enterprise to an individual apparently over the age of 16 years and residing or employed there. 1A The provisions of part forty-six of the Youngster Justice Act, 2008, apply to an accused who is beneath the age of 18 years and who fails to seem at a preliminary inquiry in terms of a summons issued beneath that Act. 3 Topic to the provisions of subsection 6, nothing on this part shall be construed as modifying the provisions of this Act or any other regulation whereby a person below detention could also be released on bail or warning or on a written notice to look in court.
Anyone who, without enough trigger, fails to help a police officer as offered in subsection 1 shall be guilty of an offense and liable on conviction to a fine not exceeding R300 or imprisonment for a period not exceeding three months. An arrested particular person contemplated in paragraph ai shouldn’t be entitled to be delivered to court docket exterior ordinary courtroom hours. Any particular person who’s detained with or without a warrant for allegedly committing an offense or for another cause shall, as soon as doable, be dropped at a police 222bet station or, within the case of an arrest by the warrant, to every other place which is expressly talked about in the contract. The bail software of a person who’s charged with an offense referred to in Schedule 6 has to be thought about by a magistrate’s courtroom: Provided that the Director of Public Prosecutions concerned or a prosecutor authorized to it in writing by him or she may if she or he deems it expedient or mandatory for the administration of justice in a selected case, direct in writing that the applying have to be thought of by a regional court.