Question-Subject: What are the legal safeguards for police custody?

Custody with a warrant

The person executing a warrant of arrest shall notify its substance to the person arrested (and if required shall show her/him the warrant). Then she/he shall – without unnecessary delay – bring the person arrested before the court named in the warrant.

Custody without a warrant

Officers in charge of police stations shall report to the nearest magistrate within 24 hours the cases of all persons arrested without warrant within the limits of their respective stations, whether the persons have been admitted to bail or otherwise.

• When a person arrested has been taken into custody without a warrant – for an offence other than murder, treason or rape – the officer in charge of the police station to which the person is brought:
  • shall bring that person before an appropriate magistrate’s court within 24 hours after she/he was so taken into custody;
  • shall release the person arrested on executing a bond – with or without sureties and for a reasonable amount – to appear before a magistrate’s court at a time and place named in the bond, if it is not practicable to bring the person arrested before a magistrate’s court within 24 hours after custody, or if the offence is of a serious nature.

• When a person arrested is retained in custody, that person shall be brought before a magistrate’s court as soon as practicable.

Legislation:

• Section 61 of the Magistrates courts act
• Section 17 of the Criminal procedure code act
• Section 18 of the Criminal procedure code act

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