A warrant of arrest shall:
- be issued by a magistrate’s court;
- bear the seal of the court issuing it;
- name or otherwise describe the person against whom it is issued;
- order that person to be presented before the court named in it;
- state a description of the offence(s) with which the person is charged.
Any irregularity in the substance or form of a warrant shall not affect the validity of any proceedings of the case; unless the irregularity appears to deceive or misled the accused the court may – at the request of the accused – adjourn the hearing of the case and remand or admit the accused to bail.
The statement of the offence shall respect the rules for framing of charges. A charge may be open – to objection in respect of its form or content – if it is not framed in accordance with the specific provisions stated by law.
The person executing a warrant of arrest shall notify the substance of the warrant to the person suspected (and show the warrant if requested); and then shall bring that person before the court required without unnecessary delay.
Legislation:
- Section 56 of the Magistrates court act
- Section 61 of the Magistrates court act
- Section 64 of the Magistrates court act
- Section 85 of the Magistrates court act
- Section 88 of the Magistrates court act