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.
(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.
(2) A peace officer or other person arresting any person by virtue of a warrant under this Act shall, upon demand of the person arrested, produce the warrant to him and notify him of the substance thereof.
(3) A person arrested by virtue of a warrant under this Act shall as soon as possible be brought to a police
station or charge office, unless any other place is specially mentioned in the warrant as the place to which such
person shall be brought, and he shall thereafter be brought as soon as possible before a judicial officer upon a
charge of the offence mentioned in the warrant.
(4) If a person arrested by virtue of a warrant is charged with any offence referred to in
(a) paragraph 10 of the Third Schedule, and the judicial officer before whom the person is brought in terms
of this section is satisfied that there is a reasonable suspicion that the person committed the offence, the
judicial officer shall order that person’s continued detention for a period of twenty-one days; or
(b) the Ninth Schedule and there is produced to the judicial officer before whom the person is brought in
terms of this section a certificate issued by or on behalf of the Attorney-General in the same terms as
those specified in subsection (3b) of section thirty-two, the judicial officer shall, if satisfied that there is
a reasonable suspicion that the person committed the offence, order that person’s continued detention
for a period of twenty-one days or the lesser period specified in the Attorney-General’s certificate.
[Subsections (4), (5) and (6) inserted by section 4 of Act 14 of 2004.]
(5) A person referred to in subsection (4) shall, unless the charge or charges against him or her are earlier
withdrawn, remain in detention for twenty-one days or the lesser period specified in a certificate mentioned in
paragraph (b) of subsection (4), as the case may be, from the date when an order for the person’s further detention
was issued in terms of that section, and no court shall admit such person to bail during that period.
Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not more
than forty-eight hours beginning on the date when the order for the person’s further detention is issued, make a
report to the Attorney-General on the progress of the investigations into the charge or charges against the person
in detention, and if the Attorney-General is satisfied on the basis of any such report that the person’s detention is
no longer justified, the Attorney-General may order the immediate and unconditional release of the detained
person.
[Subsections (4), (5) and (6) inserted by section 4 of Act 14 of 2004. Proviso inserted by Act No. 23 of 2004 and amended by section 28 of Act 9 of 2006.]
(6) A person referred to in subsection (4) may continue to be detained after the expiry of the p eriod referred
to in subsection (5) 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 within forty-eight hours of the expiry of the period referred to in subsection (5).
[Subsections (4), (5) and (6) inserted by section 4 of Act 14 of 2004.]
35 Telegram, radio message or entry in Police Gazette to be authority for execution of warrant
(1) A telegram from any officer of any court or from any peace officer or a message or signal transmitted over
the police radio network or an entry in the Police Gazette, stating that a warrant has been issued for the arrest or
further detention of any person accused of any offence, shall be sufficient authority to any peace officer for the
arrest and detention or further detention, as the case may be, of that person until a sufficient time, not exceeding
fourteen days, has elapsed to allow the transmission of the warrant or writ to the place where that person has been
arrested or detained, unless the discharge of that person is previously ordered by a judge:
Provided that any judge may, upon cause shown, order the further detention of the accused person for a period to be stated in such order, but not exceeding twenty-eight days from the date of the arrest of such person.
(2) Nothing in subsection (1) shall be construed as derogating from the provisions of this Act or of any other
enactment whereby a person so arrested may be admitted to bail.
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