A person may be required to show cause why she/he should not be ordered to execute a bond – with or without sureties – for keeping the peace:
- if there is a reasonable cause to believe that an arrest and detention can prevent this person:
- to commit a breach of the peace;
- to disturb the public tranquillity;
- to do any wrongful act that may cause a breach of the peace or disturb the public tranquillity.
- when a chief magistrate or a magistrate grade I receives information that this person is taking precautions with a view to commit any offence.
- when a chief magistrate or a magistrate grade I receives information that this person by habit:
- is a robber, housebreaker or thief;
- is a receiver of stolen property, knowing the property to have been stolen;
- protects or harbours thieves, or aids in the concealment or disposal of stolen property;
- commits or attempts to commit, or aids or abets in the commission of any offences against liberty or offences causing injury to property or offences relating to coin, bank and currency notes;
- commits or attempts to commit, or aids or abets in the commission of offences involving a breach of the peace.
When the person shows cause in court why she/he should not be ordered to execute a bond, the magistrate shall make an order in writing setting forth:
- the substance of the information received;
- the amount of the bond to be executed;
- the term for which it is to be in force;
- the number, character and class of sureties, if any, required.
If that person is not present in court, the magistrate shall issue a summons requiring that person to appear.
If there is reason to fear the commission of a breach of the peace that cannot be prevented otherwise than by the arrest of that person, the magistrate may issue a warrant of arrest against that person.
A person may be arrested as preventive action:
- when a police officer has reasonable cause to believe that the arrest of a person is necessary to prevent that person:
- from causing physical injury to her/himself or to any other person;
- from suffering physical injury;
- from causing loss or damage to property;
- from committing an offence against public decency in a public place;
- from causing unlawful obstruction on a highway;
- from inflicting harm or undue suffering to a child or other vulnerable person,
A person arrested as preventive action shall be released when:
- when the peril, risk of loss, damage or injury or obstruction has been sufficiently removed;
- when the execution of a bond where provision is made for the person arrested to appear at regular intervals before a police officer;
- upon any reasonable terms and conditions specified by the inspector general.
Legislation:
- Section 12 of the Magistrates courts act
- Section 14 of the Magistrates courts act
- Section 15 of the Magistrates courts act
- Section 24 of the Police act