PART I
APPREHENSION OF OFFENDERS
3. Constable or peace officer may apprehend without warrant.
Any person, found committing an offence punishable either upon indictment or upon summary conviction, may be immediately apprehended by any constable, or peace officer, without a warrant, or by the owner of the property on or with respect to which the offence is being committed, or by his servant, or any other person authorized by such owner, and shall be forthwith taken before a Magistrate to be dealt with according to law.
4. Persons offering goods suspected to be stolen may be apprehended.
If any person, to whom any property is offered to be sold, pawned or delivered, has reasonable cause to suspect that any such offence has been committed with respect to such property, he may, and, if in his power, he shall, apprehend and forthwith carry before a Magistrate the party offering the same, together with such property, to be dealt with according to law.
5. Apprehension by private persons of night offenders.
Any person may apprehend any other person found committing any indictable offence in the night, and shall convey or deliver him to some constable, or other person in order that he may be taken, as soon as he conveniently may be, before a Magistrate to be dealt with according to law.
6. Constable, may apprehend persons found loitering about at night.
Any constable or peace officer may, without a warrant, take into custody any person whom he finds loitering at or lying in any highway, yard, or other place during the night, and whom he has good cause to suspect of having committed, or being about to commit, any felony, and may detain such person until he can be brought before a Magistrate to be dealt with according to law :
Provided that no person, apprehended as aforesaid, shall be detained longer than forty-eight hours without being brought before a Magistrate.
CHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
PROTECTION OF RIGHT TO PERSONAL LIBERTY.
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5. Any person who is arrested or detained-
a. for the purpose of bringing him before a court in execution of the order of a court; or
b. upon reasonable suspicion of his having committed or being about to commit a criminal offence under any law,
and who is not released shall be brought before the court within forty-eight hours after his detention and, in computing time for the purposes of this subsection, Sundays and public holidays shall be excluded.
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.