2016
No.2
(b)
is sent or communicated electronically or in an onicial
publication;
shall be snflicicnt authority liJr the arrest of the person named in the
warrant as if it were the original warrant.".
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New sections inserted in Cap. 9:07
The principal Act is amended by the insertion after section 39 of the following
sections"39A Voluntary attendance at pol1ce station or charge office
\\-here for purposes of assisting the police with an investigation a
person attends voluntarily at a police station or charge office or voluntarily
accompanies a police officer to a police station or charge office \\ithout
having been arrested(a)
he or she shall he entitled to leave the police station or
charge office at will unless he or she is placed under arrest;
and
(b)
he or she shall be inrormed promptly that he or she is under
arrest if a decision is taken to arrest him or her ou reasonable
suspicion that he or she has committed an offence.
398 Police officers may restrain, etc , persons in certain circumstances
without intention to arrest
( 1) In the exercise of a police officer's sociallyprotectiYe function.
a police officer may-
(a)
without intending to charge a person with an offence or
without having formed the intention to charge a person with
an offence; and
(b)
by the of use such force as is reasonably justifiable and
proportionate in the circumstances of tht' case (but never
by the use of lethal force) to overcome any resistance on
the pa1t of the person concerned or to prevent the person
concerned from escaping:
physically restrain a person and remove him or her to a police station or
charge office, and there detain that person for a period of not more than
twenty-four hours. in either of the circumstances specified in subsection
(2).
(2) A police officer may exercise the powers referred to in
subsection (I) in either of the following circumstances--
(a)
"here the person concerned is found not to he in his or her
sound or sober senses (whether by reason of intoxication
or a mental disorder or defect)(i)
(ii)
in a public place: or
in a private place or private residence where the owner
or any lawful occupier thereof request:-: the intervention
of a police of1icer;
or
(h)
where there are compelling reasons (the proof whereof
rests with the IX1lice officer concerned) for so restraining.
removing and detaining the person concerned:
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