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Form and requisites of warrant of apprehension

Cap. 99, s. 97 · Revised Edition 2020

(1) Every warrant for the apprehension of any person issued under this Act or, unless the contrary is expressly provided, under any other statute relating to summary conviction offences, shall be dated on the day on which it is issued, and shall be signed by the magistrate or other justice of the peace by whom it is issued. (2) The warrant, (a) shall not be signed in blank; (b) shall not be issued without an information or other statement in writing upon oath; (c) may be directed either to any police officer by name, or to that police officer and all other police officers, or generally to all police (d) may be executed by any police officer named therein or by any one of the police officers to whom it is directed; (e) shall state concisely the offence or matter for which it is issued, shall name or otherwise describe the person to be arrested, and shall order the police officer or other police officer to whom it is directed to apprehend that 60 person and bring him before the court to answer the said information or statement, or to testify, or otherwise, according to the circumstances of the case, and to be further dealt with according to law. (3) It shall not be necessary to make the warrant returnable at any particular time, but it shall remain in force until it is executed. (4) A magistrate or other justice of the peace who issues the warrant shall indorse thereon whether or not the person to be apprehended shall be admitted to bail and, if he is to be admitted to bail, whether with or without a surety or sureties and the amount of the recognisance into which he is to enter. (5) Where a person who has been arrested under the warrant is to be admitted to bail, the recognizance conditioned for his appearance before the court at the time and place specified therein, may be entered into before any police officer not below the rank of corporal, who shall thereupon discharge the prisoner.
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