PART IV
JUSTIFICATION OR EXCUSE IN THE ARREST OF ANY PERSON
22. Execution of warrant-
(1) A person duly authorised to execute a warrant to arrest who in reliance on such a warrant, thereupon arrests a person, believing in good faith and on reasonable and probable grounds that he or she is the person named in the warrant, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.
(2) A person called on to assist the person making such arrest, and believing that the person in whose arrest he or she is called on to assist is the person for whose arrest the warrant is issued, and every person who is required to receive and detain the person arrested, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.
23. Arrest by a constable pursuant to statutory powers -
A constable is justified in arresting any person without warrant in accordance with the provisions of this Act or in accordance with any other enactment conferring on him or her a power so to arrest.
24. Arrest by a constable of person believed to have committed an offence -
Where under any enactment any constable has power to arrest without warrant any person who has committed an offence, the constable is justified in arresting without warrant any person whom he or she believes, on reasonable grounds, to have committed that offence, whether or not the offence has in fact been committed, and whether or not the arrested person committed it.
25. Arrest by other officers or persons pursuant to statutory powers -
An officer or other persons, not being a constable, who is authorised by any enactment to arrest any
person without warrant is justified in so arresting any person in accordance with the provisions of that enactment.
26. Persons assisting constable or officer in arrest-
(1) A person called upon by a constable to assist him or her in the arrest of any person believed or suspected to have committed any offence is justified in assisting unless the person knows that there is no reasonable ground for the belief or suspicion.
(2) Where in any enactment it is provided that any officer or person, not being a constable, may call upon any other person to assist him or her in arresting without warrant anyone who has committed or is found committing any offence, a person so called upon is justified in assisting unless the person knows that there is no reasonable ground for believing that the person to be arrested has committed the offence.
27. Arrest of persons found committing certain crimes -
A person is justified in arresting without warrant:
(a) any person whom the person finds committing any offence against this Act for which the offence is punishable by imprisonment; or
(b) any person whom the person finds by night committing any offence against this Act.
28. Arrest of person believed to be committing crime by night -
A person is protected from criminal responsibility for arresting without warrant any person whom he or she finds by night in circumstances affording reasonable grounds for believing that that person is committing an offence against this Act.
29. Arrest after commission of certain crimes -
Where any offence against this Act has been committed, a Constable who believes, on reasonable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence.
30. Arrest during flight-
(1) A person is protected from criminal responsibility for arresting without warrant any person whom he or she believes, on reasonable grounds, to have committed an offence against this Act, and to be escaping from and to be freshly pursued by any one whom he or she believes, on reasonable grounds, to have lawful authority to arrest that person for the offence.
(2) This section shall apply whether or not the offence has in fact been committed, and whether or not the arrested person committed it.
31. Force used in executing process -
Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him or her of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:
PROVIDED that, except in the case of a constable or a person called upon by a constable to assist him or her, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.
32. Preventing escape or rescue-
(1) Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force as may be necessary:
(a) to prevent the escape of that other person if he or she attempts to avoid arrest; or
(b) to prevent the escape or rescue of that other person after his or her arrest,
unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner:
PROVIDED that, except in the case of a constable or a person called upon by a constable to assist him or her, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.
(2) Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him or her, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner, unless in any case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.
1. En cas d'urgence, la Cour peut demander l'arrestation provisoire de la personne recherchée en attendant que soient présentées la demande de remise et les pièces justificatives visées à l'article 91.
2. La demande d'arrestation provisoire est faite par tout moyen laissant une trace écrite et contient :
a) Le signalement de la personne recherchée, suffisant pour l'identifier, et des renseignements sur le lieu où elle se trouve probablement ;
b) L'exposé succinct des crimes pour lesquels la personne est recherchée et des faits qui seraient constitutifs de ces crimes, y compris, si possible, la date et le lieu où ils se seraient produits ;
c) Une déclaration affirmant l'existence à l'encontre de la personne recherchée d'un mandat d'arrêt ou d'un jugement établissant sa culpabilité ; et
d) Une déclaration indiquant qu'une demande de remise de la personne recherchée suivra.
3. Une personne provisoirement arrêtée peut être remise en liberté si l'État requis n'a pas reçu la demande de remise et les pièces justificatives visées à l'article 91 dans le délai prescrit par le Règlement de procédure et de preuve. Toutefois, cette personne peut consentir à être remise avant l'expiration de ce délai si la législation de l'État requis le permet. Dans ce cas, l'État requis procède aussitôt que possible à sa remise à la Cour.
4. La mise en liberté de la personne recherchée prévu au paragraphe 3, est sans préjudice de son arrestation ultérieure et de sa remise si la demande de remise accompagnée des pièces justificatives est présentée par la suite.