Cll!l\IJNALPmcEDURE AND EvmENCEAME~'-<'DMrxr
2016
(d)
that it is not in the interests of national security or the puhlic
interest generally to grant the cetiificate to the private party.
(-+) Y\"hen the right of prosecution referred to in this Part is
possessed under any statute by any public body or person in respect of
particular otTences. subsections (1). (2) and (3) shall not apply.
6
New section substituted for section 17 of Cap. 9:07
Section 17 of the principal Act is repealed and the following is substituted"17 Private prosecutor may be ordered to give security for costs
\Vhere a private prosecution is being or has been instituted by a
person other than a public body or person described in section 14( d). the
court may order him or her to give such security as the court may direct
for the payment of any costs incurred by the accused person in respect of
his or her defence, and where the court has made such an order no further
steps shall be taken in the prosecution until the security has been given.".
7
Amendment of section 28 of Cap. 9:07
Section 28 of the principal Act is repealed and substituted by"28
Arrest by private persons of persons fighting in public places
Any printte person is authorised to arrest without warrant any person
whom he or she sees engaged in fighting in a public place in order to
prevent such person from continuing the fight. and to deliver him or her
over to a police officer to be dealt with according to law.".
8
Amendment of section 32 of Cap. 9:07
Section 32 ("Procedure after arrest without warrant") of the principal Act is
amended by the repeal of subsection (3) and the substitution of"(3) A.. ny person
(a)
\VI10
is arrested or detained-
for the purpose of bringing him or her before a court; or
(b) for an alleged offence;
and who is not released must be brought before a court as soon as possible and in any
eYent not later than forty-eight hours after the arrest took place or the detention began,
as the case may be, whether or not the period ends on Sunday or a public holiday.";
9
Amendment of section 33 of Cap. 9:07
Section 33 ("\Varrant of arrest by judge, magistrate or justice")( I) of the principal
A.ct is amended by the deletion of "A.ny judge, magistrate or justice may issue" and the
substitution of" Any judge, magistrate or justice (other than a police oflicer) may issue".
10
New section substituted for section 35 of Cap. 9:07
Section 35 of the principal Act is repealed and the following is substituted"35
Arrest on wireless or telegraphic transmission of warrant
A communication which(a)
sets out or substantially outlines the terms of a warrant
issued in terms of section 33; and
31
No.2