Arrest without warrant
4.(1) The powers of summary arrest conferred by this section apply to arrestable offences.
(2) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, in the act of committing an arrestable offence.
(3) Where an arrestable offence has been committed, any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of the offence.
(4) Where a police officer, with reasonable cause, suspects that an arrestable offence has been committed, he may arrest without warrant anyone whom he, with reasonable cause, suspects to be guilty of the offence.
(5) A police officer may arrest without warrant any person who is, or whom he, with reasonable cause, suspects to be, about to commit an arrestable offence.
(6) For the purpose of arresting a person under any power conferred by this section, a police officer may pursue that person into any building or other place to which that person has fled and enter the building or other place, if need be by force, and search any such building or place where that person is.
(7) This section does not affect the operation of any enactment restricting the institution of proceedings for an offence, nor prejudice any power of arrest conferred by law apart from this section.
Part 1 Extradition to Other States
Apprehension of Fugitive
Article 13 Appearance of fugitive
(1) A fugitive who is apprehended on a warrant issued under section 10 shall be brought before a magistrate as soon as practicable after the fugitive is apprehended.
(2) The magistrate before whom the fugitive is brought shall determine, subject to this Act, whether he should be committed for surrender or be discharged.
(3) In making a determination under subsection (2), the magistrate shall deal with the fugitive and hear the case in the same manner, as nearly as may be, as if the fugitive had been brought before him and charged with an offence committed in Barbados that is triable on indictment.
Part 5 Miscellaneous
Article 34 Arrest of person who has escaped from custody
(1) A police officer may, without warrant, arrest a person if the police officer has reasonable grounds to believe that the person
(a) has been brought to Barbados pursuant to a request under section 10 or was being kept in custody pursuant to a direction under section 32(1) and
(b) has escaped from lawful custody while in Barbados pursuant to the request, or while being so kept in custody.
(2) A person who has been arrested pursuant to subsection (1) shall be returned to custody in accordance with this Act.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.