CRIMINAL PROCEDURE AND EVIDENCE ACT
the investigations into the charge or charges against the person in detention, and if the Prosecutor-General is satisfied on the basis of any such report that the person’s detention is no longer
justified, the Prosecutor-General may order the immediate and unconditional release of the
detained person.
[Proviso inserted by s. 282 of Act No. 23 of 2004 and amended by s. 28 of Act No. 9 of 2006 and s. 33 of Act No. 5 of 2014 with
effect from 2.1.2015.]
(3d) A person referred to in subsection (3a) or (3b) may continue to be detained after the
expiry of the period referred to in subsection (3c) pending the outcome of investigations into the
charge or charges against him or her if (without prejudice to the person’s right to apply for
bail) an order or warrant for that person’s further detention is obtained from a judge or magistrate in terms of section thirty-three within forty-eight hours of the expiry of the period referred
to in subsection (3c).
[Subsection inserted by s. 3 of Act No. 14 of 2004]
(4)
[Subsection repealed by s. 3 of Act No. 14 of 2004]
(5) When an arrest is made without warrant, the person arrested shall be informed forthwith
by the person arresting him of the cause of the arrest.
B. With warrant
33 Warrant of arrest by judge, magistrate or justice
(1) Any judge, magistrate or justice (other than a police officer) may issue a warrant for the
arrest of any person or for the further detention of a person arrested without a warrant on
written application subscribed by—
(a) the Prosecutor-General; or
[Paragraph amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015.]
(b) the local public prosecutor; or
(c) a police officer who is of or above the rank of inspector; or
(d) a police officer in charge of a police station who is of or above the rank of assistant
inspector;
setting forth the offence alleged to have been committed, and that, from information available
to him, he has reasonable grounds of suspicion against that person, or upon the information to
the like effect of any person made on oath before the judge, magistrate or justice issuing the
warrant:
Provided that it shall not be lawful for a magistrate or justice to issue any such warrant except when the offence charged has been committed within his area of jurisdiction or except
when the person against whom the warrant is issued was, at the time when it was issued,
known, or suspected on reasonable grounds, to be within the area of jurisdiction of the magistrate or justice.
[Subsection amended by s. 9 of Act No. 2 of 2016]
(2) Any warrant referred to in subsection (1) may be issued on any day of the week, including Sunday.
(3) Subject to subsection (4), a warrant issued for the arrest of a person shall remain in force
until it is cancelled by the person who issued it or until it is executed.
(4) Where a warrant is issued for the arrest of a person and such person is detained by virtue
of an arrest without warrant, the warrant shall be deemed to have been cancelled and the provisions of this Act relating to the arrest of a person without warrant shall apply in respect of such
person.
34 Execution of warrants
(1) Every peace officer is authorized and required to obey and execute any warrant issued in
terms of section thirty-three.
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