the Criminal Proceture Law- Chap Five.pptx

the Criminal Proceture Law

1. Summons and Arrest

2. Once the court has determined from the complaint and accompanying affidavits that there is probable cause to believe that an offense has been committed and that the defendant committed it,

3. the court issues either a summons or an arrest warrant for the defendant‘s appearance in court. If the defendant is already before the court, no summons or warrant is necessary.

4. Once the summons or warrant is issued, The law enforcement officer must serve the summons Or execute the warrant by arresting the defendant and bringing the defendant before a judge as commanded in the warrant.

5. Arrest Where there is good ground for supposing as, for instance, from the gravity of the charge that a summons would not suffice to secure the attendance of an accused person, he should be arrested, in order to bring him before a court.

6. On accusations of indictable offences, a warrant is sometimes obtained only in about ten percent of the arrests for such crimes in order to authorize the arrest.

7. But the cases in which arrest is legally permissible, without any such special authorization, are numerous… In the case of certain crimes, search warrants may be issued

8. Apart too from specific crimes there is a general right to Search arrested persons , and On arrest any property may be taken which is found in the possession of the arrested person and Which would from material evidence on the prosecution of any criminal charge against any person.

9. Articles or documents taken must be returned on the conclusion of the charge to which they were material.

10. Somali Criminal Procedure Code Arrest In General Article 28 Arrest An arrest, with or without a warrant, may only be made in those cases and in the manner expressly provided by law.

11. Article 29 Execution of Arrests 1. A person to be arrested shall be so informed, together with the reasons for the arrest. 2. If the person to be arrested: a) forcibly resists the arrest; b) attempts to escape, c) the person making the arrest may use all lawful means necessary to effect the arrest.

12. 3. A person arrested shall not be subjected to more restraint than is necessary to prevent his escape. 4. If it is absolutely certain that an arrest was made by mistake, the person arrested shall be released immediately, even by the person who carried out the arrest. ‘End’

13. (a) By warrant Special authorization for arrest always takes in modern times the form of a written warrant. This may be issued in cases of political crime by a secretary of state or any other privy Councillor , or, in any criminal case whatever, by a judge of the queen‘s Bench Division or (as usually happens) by a justice of the peace.

14. If issued by an ordinary justice of the peace, it formerly could only be executed within the district to which his commission extended , though it could be executed in any other district as soon as it had been backed‘ by any justice commissioned there

15. But now by virtue of sect. 102 of the Magistrates‘ Courts Act, 1952, any warrant of arrest, commitment, distress, or search can be executed anywhere in England and Wales by any person to whom it is addressed or any constable acting within his police area.

16. (b) Without warrant: (1) By a private person At common law. Even when no warrant has been issued, the common law often permits an arrest to be effected, a permission accorded not only to a constable but even to private persons.

17. Firstly , at common law a private person, without any warrant, may arrest any person who, in his presence, commits a treason or felony or dangerous wounding. The law does not merely permit, but requires, the citizen to do his best to arrest such a criminal.

18. And as he is thus acting not only by a right but under an imperative duty , he may break outer doors in pursuit of the criminal. And for a treason or a violent felony he may use whatever force is necessary for capturing the offender, as, for instance, shooting at him,

19. if he cannot otherwise be prevented from escaping, so that if the felon‘s death results, the case will be one of justifiable homicide. Besides this power to arrest, with a view to permanent detention , a person who has actually committed a view to permanent detention,

20. a person who has actually committed a grave crime, every private citizen has also the right to prevent such crimes, by seizing any man who is about to commit a treason or felony or even a breach of the peace, and detaining him temporarily, until the danger is over

21. Secondly, at common law a private person may arrest without warrant any person whom he reasonably suspects of having committed a treason or felony or dangerous wounding, provided that this very crime has been actually committed by someone (whether by the arrested person or not ).

22. But in this case, as also in all the statutory ones about to be mentioned, law, though permitting a private person to make an arrest (and so making it a felonious homicide for a guilty man to kill him by resisting it), does not command him to do so, and hence confers no general right to effect it by breaking in to a house or by using blows or other violence.