301Duty of persons arresting

301 Duty of persons arresting

(1)  It is the duty of a person executing any process or warrant to have it with him, and to produce it if required.

(2)  It is the duty of a person arresting another, whether with or without warrant, to give notice, if practicable, of the process or warrant under which he is acting, or of the cause of the arrest.

(3)  A failure to fulfil either of the aforesaid duties shall not of itself deprive the person executing the process or warrant or making the arrest, or his assistants, of protection from criminal responsibility, but shall be relevant to the question whether the process or warrant might not have been executed or the arrest made by reasonable means in a less forcible manner.

(4)  [Section 301 Amended by No. 16 of 2006, s. 17, Applied:01 Nov 2006] Notwithstanding subsection (1) , a police officer may arrest a person, whether or not the police officer has a warrant for the arrest of that person in his or her possession at the time of making the arrest, if the police officer has reasonable grounds for believing that a warrant for the arrest has been issued in relation to that person.

(5)  [Section 301 Amended by No. 16 of 2006, s. 17, Applied:01 Nov 2006] If a police officer arrests a person under subsection (4) , the police officer must, as soon as practicable –

(a) [Section 301 Amended by No. 29 of 2018, s. 21, Applied:10 Dec 2018] deliver the arrested person into the custody of a custody officer; and

(b) [Section 301 Amended by No. 29 of 2018, s. 21, Applied:10 Dec 2018] produce or cause to be produced, or provide or cause to be provided, to the arrested person the warrant or a certified copy of it.

(6)  [Section 301 Amended by No. 16 of 2006, s. 17, Applied:01 Nov 2006] [Section 301 Amended by No. 29 of 2018, s. 21, Applied:10 Dec 2018] If an arrested person is delivered into the custody of a custody officer under , it is lawful for the custody officer to detain the arrested person until the warrant or a certified copy of the warrant is produced or otherwise provided to the arrested person.