Namibia

Criminal Procedure Act, 2004

CHAPTER 7
ARREST

Procedure after arrest

52. (2) (d) If the period of 48 hours expires -

(i) outside ordinary court hours or on a day that is not an ordinary court day, the arrested person must be brought before a magistrate’s court not later than the end of the first court day following the expiration of the period of 48 hours ;
(ii) at a time when the arrested person is outside the area of jurisdiction of the magistrate’s court to which he or she is being brought for the purposes of further detention and he or she is at such time in transit from a police station or other place of detention to that court, the period of 48 hours is deemed to expire at the end of the court day next succeeding the day on which the arrested person is brought within the area of jurisdiction of that court ;
(iii) or will expire at, or if the time at which that period expires or is deemed to expire under subparagraph (i) or (ii) is or will be, a time when the arrested person cannot, because of his or her physical illness or other physical condition, be brought before a magistrate’s court, the court before which the arrested person would, but for the illness or other condition, have been brought, may on application by the prosecutor, which, if not made before the expiration of the period of 48 hours, may be made at any time before, or on, the next succeeding court day, and in which the circumstances relating to the illness or other condition are set out, supported by a certificate of a registered medical practitioner, authorize in the absence of the arrested person that the arrested person be detained at a place specified by the court and for such period as the court may consider necessary so that he or she may recuperate and be brought before the court, and that court may, on like application, authorize that the arrested person be further detained at a place specified by the court and for such period as the court may consider necessary.

Keywords

Rights during investigation - arbitrary arrest or detention and deprivation of liberty



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