Namibia

Criminal Procedure Act, 2004

CHAPTER 7
ARREST

Warrant of arrest may be issued by district magistrate or justice of the peace

45. (1) A district magistrate or justice of the peace may issue a warrant for the arrest of a person on the written application of a member of the police of the rank of commissioned officer -

(a) which sets out the offence alleged to have been committed ;
(b) which alleges that the offence in question was committed within the area of jurisdiction of the district magistrate or, in the case of a justice of the peace, within the area of jurisdiction of the district magistrate within whose district or area application is made to the justice of the peace for the warrant of arrest, or where the offence was not committed within that area of jurisdiction, which alleges that the person in respect of whom the application is made, is known or is on reasonable grounds suspected to be within that area of jurisdiction ; and
(c) which states that from information taken on oath there is a reasonable suspicion that the person in respect of whom the warrant of arrest is applied for has committed the alleged offence.

(2) A warrant of arrest issued under this section must direct that the person described in the warrant be arrested by a peace officer in respect of the offence mentioned in the warrant and that that person be brought before a magistrate’s court in accordance with section 52.

(3) A warrant of arrest may be issued on any day and remains in force until it is cancelled by the person who issued it or, if that person is not available, by any person with like authority, or until it is executed.

Execution of warrants

46. A warrant of arrest issued under this Act may be executed by a peace officer, and the peace officer executing the warrant must do so in accordance with the terms thereof.

Keywords

Arrest
Surrender
Contents of request for arrest and surrender
Cooperation under procedures of national law



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