2016
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Provided that if a decision to charge a person so restrained, removed
and detained with an offence is not made within twenty-four hours, the person
must be released unconditionally no later than the expiry of that pe1iod.
(3) \Vheneverthe police exercise their pmvers in terms of subsection
( 1), the police shall, as soon as possible, record in their occurrence hook
as defined in sedion -l-7, the particulars of the detained person and the
reasons for such detention.".
12
Amendment of section 41 of Cap. 9:07
Section -l-1 ("Arrest-how made, and search thereon of person arrested")(3) of
the principal Act is repealed and substituted by"(3) Any peace orticer may take or cause to be taken the tinger-prints, palm,
prints, footprints and photographs of any person arrested upon any charge, and may
take or cause to bt~ taken such steps as he or she may think necessary in order to
ascertain whether or not the body of any such person bears any mark, characteristic
or distinguishing feat me, or shows any condition or appearance:
Provided that no intimate or buccal sample may be taken from the person
who has been arrested except(a)
in case of a buccal sample, by an authorised person at the request and
in the presence of the peace officer; or
(h) in the case of an intimate sample-(i)
hy a medical officer at the written request of a police officer of
or above the rank of superintendent; or
(ii)
by the medical officer of any prison at which the arrested person
is detained; or
(iii)
by an authorised person of the same sex as the person from whom
the intimate sample is to he taken;
in order to ascertain some fact which is material to the investigation of the charge
upon which such person has been arrested.".
13
New sections inserted in Cap. 9:07
The principal Act is amended by the insertion after section -l-1 of the following
sections-"41 A Arrested person to be informed of his or her rights
(1) Subject to this section, \vhere a person has been arrested
by a peace officer, whether with or without a warrant. the peace officer
shall cause the person to be informed promptly, in a language he or she
understands. of-
(a)
the reason for the arrest; and
(b)
his or her right to remain silent; and
(c)
the consequences of remaining silent and of not remaining
silent; and
(d)
his or her right to contact, at the State's expense, any one
of the following(i)
a legal practitioner of his or her choice; or
(ii)
a medical practitioner of his or her choice; or
33
No.2