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10 Cards in this Set

  • Front
  • Back

ARREST

S 3 - a suspect or dft alleged or charged with committing an offence established by an act of the National Assembly shall be arrested investigated etc

How can arrest be made

s 4 - By touching a part of the body or by confinement unless there is a submission to custody by words alone.

What is the rule on same sex searches?

s 9 (3) Where it is necessary to search a suspect, it has to be performed by a member of same sex unless the urgency or situation and in the needs to administering justice requires it.

Who can be arrested without a warrant and by who

A police officer can arrest without a warrant of the court.


- if the person has committed an offence in another country or nigeria and the law provides he can be arrested without warrant


- if the offence is committed in his prescence


-if he obstructs the police officer in execution of duty or escaping lawful custody


- Desertion

Can private persons make an arrest?

Yes they can it was committed in their prescence. s 20




but must hand person immediately to police or go to nearest police station s23

What type of report of arrests shall be sent to the AG?

The IGP and head of agencies shall remit quarterly record of arrests made with or without warrant - s 29 (1)

How can an application for bail be made

s 32 orally or in writing

Content of a warrant

s 36


Date


necessary particulars


signed by a judge or magistrate

when can a warrant of arrest be executed

It can be executed on a day including sunday and public holiday s 38

What is the lifetime of a warrant

It is active until it is executed by the police officer or cancelled by the court. s 39