C~\11.'\\T.P~)(ToDli<E .\'\D EVTD!oi'ICE AMFNDI\lENT
2016
18
Amendment of section 51 of Cap. 9:07
Section 51 ("Search and seizure without warrant") of the principal Act is amended
by the insertion of the following subsections after subsection (3)'"(.+)A police ofticer executing a search without a warrant in the circumstances
specified in subsection (1) (b) shall, upon demand of any person whose rights in
respect of any search or article seized under the warrant have been affected, furnish
that person with the particulars of his or her name, rank and number, and the reasons
for carrying out the search and seizure without warrant.
(5) Any police officer who contravenes subsection (4), shall he guilty of an
offence and liable to a fine not exceeding level four or to imprisonment for a period
not exceeding three months or to both such fine and such imprisonment, unless the
affected person is lawfully charged with and arrested for an offence in connection
with such search and seizure.".
19
Amendment of section 52 of Cap. 9:07
Section 52 ("Seizure of article on arrest or detention of person carrying same")
is amended by the repeal of subsection (2) and the substitution of the following
subsections"(2) A police officer to whom an article is delivered under subsection ( l )(a)
or (h) shall fmihwith, and in any event not later than forty-eight hours after such
delivery, make and deliver the full receipt referred to in section49(2), and any failure
to do so entitles the owner or possessor thereof to demand the return of the seized
atiicle upon expiry of that period, unless the article or atiides in question are of a
kind whose possession is intrinsically unlawful.
(3) Any police officer may stop and interrogate any person who is found at
any time between sunset and sunrise carrying or transporting any goods or articles
of any description and if(a)
such person does not account satisfactorily for the possession of the
goods or articles so being carried or transported; and
(b) there are reasonable grounds for suspecting that such goods or articles (i)
have been criminally procured; or
(ii)
are of a kind whose possession is intrinsically unlawful;
such ot1icer may convey such goods or articles and the person so canying or transtxxting
the same to any prison or police station, and detain such person in custody:
Provided that section 32(3) and the other provisions of this Act relating to the
rights of arrested persons shall apply in relation to the person so detained and, if he
or she is released from custody, the goods and articles that he or she was carrying or
transporting shall be returned to him or her, unless they arc seized and a full receipt
therefor is given to him or her in accordance with section 49.".
20
Amendment of section 54 of Cap. 9:07
Section 54 ("Entering of premises for purposes of obtaining evidence") of the
principal Act is amended by the insertion of the following subsections after subsection
(2)-
"(3) A police officer executing JXlwers under subsection ( 1) or (2) shall, upon
demand of any person whose rights are afTectcd by the exercise of such powers,
furnish that person with the particulars or his or her name, rank and number, and
the reasons for exercising tho~e fX)Wcrs.
(4) Any police officer who41
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