CRIMINAL PROCEDURE AND EVIDENCE ACT (3) Where a person prosecuted at the instance of a private party is convicted, the court may order the convicted person to pay the costs and expenses of the private prosecution in addition to any sum awarded in terms of Part XIX: Provided that if the private prosecution was instituted after a certificate by the ProsecutorGeneral that he declined to prosecute the court may order the costs to be paid by the State. [Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015.] (4) Any costs awarded in terms of this section shall be taxed according to the scale applicable in civil cases in the court concerned unless a special scale of costs for private prosecutions has been prescribed in rules of court. PART IV PRESCRIPTION OF OFFENCES 23 Prescription of offences (1) The right of prosecution for murder shall not be barred by any lapse of time. (2) The right of prosecution for any offence other than murder, whether at the public instance or at the instance of a private party, shall, unless some other period is expressly provided by law, be barred by the lapse of twenty years from the time when the offence was committed. PART V ARRESTS A. Without warrant 24 Arrest and verbal order to arrest (1) It shall be lawful for any judge, magistrate or justice, who has knowledge of any offence by seeing it committed, himself to arrest the offender or by a verbal order to authorize others so to do. (2) The persons authorized in terms of subsection (1) are empowered and required to follow the offender if he flees, and to execute the order on him out of the presence of the judge, magistrate or justice. 25 Arrest without warrant by peace officer or other officer (1) Any peace officer and any other officer empowered by law to execute criminal warrants is hereby authorized, subject to the general or specific directions of a superior officer or person placed in authority over him, to arrest without warrant— (a) any person who commits any offence in his presence; (b) any person whom he or she has reasonable grounds to suspect of having committed any of the offences mentioned in the First Schedule or the Ninth Schedule: Provided that if, in the case of an offence mentioned in the Ninth Schedule, the peace officer or other officer concerned has reason to believe that the offence is sufficiently serious to justify the issue by the Prosecutor-General of a certificate referred to in subsection (3b) of section thirty-two, the officer concerned shall not effect an arrest in terms of this paragraph— (i) unless he or she is a police officer who is of or above the rank of assistant inspector, or is given leave by such an officer to effect the arrest; and (ii) where the alleged offence is disclosed by an anonymous complainant, unless the officer concerned immediately (and in any case no later than the end of the day on which the complaint is received) records in writing the particulars, time and date of such complaint and the manner in which it was made; [Paragraph substituted by s. 2 of Act No. 14 of 2004] [Proviso amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015.] (c) any person whom he finds attempting to commit an offence, or clearly manifesting an intention so to do. 19