Malawi

Criminal procedure and evidence code

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.

(6) Where the person is arrested, the police officer shall promptly inform him that he has the right to remain silent, and shall warn him of the consequences of making any statement, but any omission by the police officer to inform the arrested person of this right shall not render the arrest unlawful.

Keywords

Fair trial standards



EDIT.