'Rights during investigation - informed of belief that crime has been committed' in document 'Malawi - Criminal procedure code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
POWERS OF COURTS AND SPECIAL AREAS

20A. Information to be supplied on arrest

(1) Subject to subsection (5), where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest at the time of the arrest or as soon as is practicable after his arrest.

(2) Where a person is arrested by a police officer, subsection (1) applies regardless of whether the fact of the arrest is obvious.

(3) Subject to subsection (5), no arrest is lawful unless the person arrested is informed of the reason for the arrest at the time of, or as soon as is practicable after, the arrest.

(4) Where the person is arrested by a police officer, subsection (3) applies regardless of whether the reason for the arrest is obvious.

(5) Nothing in this section shall be deemed to require a person to be informed —

(a) that he is under arrest ; or
(b) of the reason for the arrest, if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.

PART IV
PROVISIONS RELATING TO ALL CRIMINAL PROCEEDINGS

101. Notification of substance of warrant

The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested and, if so required, shall show him the warrant.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court