CHAPTER ONE
General Provisions
PART II
JUSTIFICATIONS AND EXCUSES
Use of force and self-defence
Arrest with or without process for crime
30.— (1) Any person may —
(a) with or without warrant or other legal process, arrest and detain another person whom he or she knows to have committed an indictable offence;
(b) if the other person, having notice or knowing that he or she is accused of an indictable offence, avoids arrest by resistance or flight or escapes or endeavours to escape from custody,
use any force which is necessary for the arrest, detention or recapture, and may kill that other person if that other person cannot otherwise be arrested, detained, or retaken by any other means.
(2) Any person duly authorised by warrant or other legal process to arrest or detain a person for committing an indictable offence may, if that other person has notice or believes that such warrant or other legal process is in force against him or her, may use such force as is reasonable for his or her arrest, detention, or recapture, and may kill that other person if that other person cannot otherwise be arrested, detained, or retaken by any other means even though the offence was not committed by the other person, or no such offence has in fact been committed.
Arrest, etc., other than for indictable offence
31. Any person who has authority, by warrant or other legal process, or under the provisions of any enactment, to arrest, detain or search another person otherwise than for an indictable offence, may use such reasonable force as is necessary in the circumstance, if the other person has notice or believes that the force is used by virtue of any such authority.
CHAPTER THREE
Procedure
PART I
ARREST AND BAIL
Arrest
Arrest without warrant
570.— (1) The powers of summary arrest conferred by subsections (2) to (8) shall apply to indictable and summary offences or offences for which a person (not previously convicted) may by virtue of any enactment be sentenced to imprisonment for five years, and to attempts to commit any such offence.
(2) Any police officer may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be, in the act of committing or about to commit, an offence.
(3) Where a police officer with reasonable cause, suspects that an offence has been committed, he or she may arrest without warrant anyone whom he or she, with reasonable cause, suspects committed the offence.
(4) Any person may arrest without a warrant any other person who is, or whom he or she, with reasonable cause suspects to be in the act of committing or about to commit an offence.
(5) Where an arrestable offence has been committed, any person may arrest without a warrant anyone who is, or whom he or she with reasonable cause, suspects committed the offence.
(6) Any police officer may arrest without warrant any person who is positively charged by another person with having committed an offence if the person making the charge is willing to accompany the police officer to a police station to enter into a recognizance to prosecute such charge.
(7) For the purposes of arresting a person under any power conferred by this section, a police officer may enter (if need be, by force) and search any place where that person is or where the police officer with reasonable cause, suspects him or her to be.
(8) This section shall not affect the operation of any enactment restricting the institution of proceedings for an offence, nor prejudice any power of arrest conferred by any enactment apart from this section.
Use of force in making arrest, etc.
571.— (1) A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
Arrest without warrant by any person
572. Any person may arrest without a warrant any other person whom he or she may see engaged in committing an affray and deliver him or her over to the custody of a police officer to be dealt with according to law.
Person committing indictable offence
573.— (1) Any person who is found committing an indictable offence may be arrested by any other person without warrant, if the person making the arrest has reasonable grounds to believe that the offender may escape punishment, or may complete the commission of the offence, if he or she is not so arrested.
(2) Any person may, without warrant, arrest the person if such an offence has actually been committed, or if he or she is being pursued by a mob for committing such an offence.
Person found committing offence against property
574. Any person who is found committing any offence against property may be arrested and taken into custody, without warrant, by any police officer, or may be arrested by the owner of the property with respect to which the offence is committed, or by his or her employee or any other person authorised by him or her, and may in the latter case be detained for any period, not exceeding twenty-four hours, until he or she can be delivered into the custody of a police officer, to be dealt with according to law.
Person found in possession of property
575. Any person who finds any other person in possession of any property which he or she, has reasonable cause to suspect has been obtained by the commission of any offence, may arrest the person without any warrant, and take possession of the property.
Person offering property for sale, etc.
576 Where a person to whom any property is offered for sale, pawned, or delivered has reasonable cause to suspect that any offence has been or is about to be committed with respect to such property, may, without warrant, arrest such person and take possession of the property.
Arrest Under Warrant
Warrant to arrest
577. Where there is power to arrest a person without warrant or where it is believed that a suspected offender is evading service of summons or is likely to flee the country, a warrant for his or her arrest may be issued.
Form and requisites of warrant
578.— (1) A warrant for the arrest of any person issued under this Code , or unless the contrary is expressly provided, under any other enactment, shall bear the date of the day on which it is issued and shall be signed by the Judge or Magistrate by whom it is issued.
(2) No such warrant shall be signed in blank.
(3) No such warrant shall be issued without a complaint or other statement upon oath.
(4) Every such warrant may be directed either to a police officer by name, or to any police officer or generally to all police officers.
(5) Every such warrant may be executed by a police officer named in the warrant, or by any one of the police officers to whom is directed.
(6) Every such warrant shall —
(a) state briefly the offence or matter for which it is issued;
(b) state the name or otherwise describe the person to be arrested;
(c) order the police officer, or police officers, to whom it is directed to arrest the person, and bring him or her before the Judge, or before a Magistrate, as the case may be, to answer to the offence or matter contained in the information or statement, and to be further dealt with according to law.
(7) It shall not be necessary to make a warrant returnable at any particular time, and it shall remain in force until it is executed.
Copy to be kept by issuer
579.— (1) A copy of every warrant shall be kept by the Judge or Magistrate by whom it is issued.
(2) It shall be lawful for the Commissioner of Police to cause copies of warrants to be made and to certify such copies and every copy duly certified shall, for all purposes, be as valid as the original warrant.
Issue and execution on Sunday and public holiday
580. A warrant of arrest may be issued and executed on any day of the week including a Sunday or public holiday.
Power to break and enter in execution of warrant
581.— (1) Any police officer authorised to execute any warrant may, for the purposes of executing it, either with or without assistance from any other person or persons, break open and enter any house, building, or enclosed place, if he or she cannot otherwise enter the house, building, or enclosed place
(2) Before acting in accordance to subsection (1), the police officer must, as far as practicable, inform the ocupier that he or she is in possession of a warrant, or that a warrant has been issued for his or her arrest or that of a person suspected to be on the premises.
Possession of warrant by police officer
582.— (1) Subject to the provisions of this section, it is not necessary for the police officer executing a warrant to have it in his or her possession; but if he or she has it, he or she must, on request show it to the person arrested or to be arrested.
(2) A police officer executing any warrant, must, before making the arrest, inform the person to be arrested that there is a warrant for his or her arrest, but he or she may refrain from giving such information on the ground that it is likely to occasion the escape, resistance or rescue of the person.
When justice of the peace may issue warrant
583.— (1) Where, due to the absence in a magistrial district of a Magistrate or for any other cause, it is not practicable to make immediate application to a Magistrate for the issue of a warrant for the arrest of an offender, and the ends of justice are likely to be defeated by the delay in making such application to a Magistrate, any Justice of the Peace may take the necessary information, and, if he or she is of the opinion that a case for so doing is made out, shall issue such warrant in the same manner as the Magistrate.
(2) All subsequent proceedings in the case shall be taken before a Magistrate.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:
(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.
1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A copy of the warrant of arrest; and
(c) Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;
(c) Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.