Antigua and Barbuda

Chapter 117 - The Criminal Procedure Act

PART I
APPREHENSION OF OFFENDERS

3. Constable or peace officer may apprehend without warrant.

Any person, found committing an offence punishable either upon indictment or upon summary conviction, may be immediately apprehended by any constable, or peace officer, without a warrant, or by the owner of the property on or with respect to which the offence is being committed, or by his servant, or any other person authorized by such owner, and shall be forthwith taken before a Magistrate to be dealt with according to law.

4. Persons offering goods suspected to be stolen may be apprehended.

If any person, to whom any property is offered to be sold, pawned or delivered, has reasonable cause to suspect that any such offence has been committed with respect to such property, he may, and, if in his power, he shall, apprehend and forthwith carry before a Magistrate the party offering the same, together with such property, to be dealt with according to law.

5. Apprehension by private persons of night offenders.

Any person may apprehend any other person found committing any indictable offence in the night, and shall convey or deliver him to some constable, or other person in order that he may be taken, as soon as he conveniently may be, before a Magistrate to be dealt with according to law.

6. Constable, may apprehend persons found loitering about at night.

Any constable or peace officer may, without a warrant, take into custody any person whom he finds loitering at or lying in any highway, yard, or other place during the night, and whom he has good cause to suspect of having committed, or being about to commit, any felony, and may detain such person until he can be brought before a Magistrate to be dealt with according to law :
Provided that no person, apprehended as aforesaid, shall be detained longer than forty-eight hours without being brought before a Magistrate.

Keywords

Arrest
Arrest for national proceedings



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