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Arrest With A Warrant: Sections 71-81 Of Act 30

204 words · Public educational material

Sections 72-73(1) provide that the warrant can be issued only by a judge or magistrate upon a complaint or charge made before him on oath.

Section 73(2) requires that the warrant must:

State briefly the offence with which the person against whom it is issued is charged; offence

Indicate the name or other description of the person: name of the offender

Order the person or persons to whom it is directed to apprehend the person against whom it is issued and bring him before the issuing court or some other court with jurisdiction over the matter to answer the charge(s) against him and to be further dealt with according to law.

(3)The warrant remains in force until executed or cancelled by the issuing court.

Under section 75, the warrant may be directed to more officers or persons than one.

Under section 76, the person executing the warrant is required without unnecessary delay, to bring the person arrested before the court mentioned in the warrant with an endorsement showing time and place of the execution.

Where a person has been lawfully arrested the police can search the premises or his person and seize material relevant to the prosecution of any crime committed by any person.

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