PART III
GENERAL PROVISIONS
Arrest
10. (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest:
Provided that nothing in this section contained shall be deemed to justify the use of greater force than was reasonable in the particular circumstances in which it was employed or was necessary for the apprehension of the offender.
Search of place entered by person sought to be arrested
11. (1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place, shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under subsection (1), it shall be lawful in any case for a person acting under a warrant, and, in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity to escape, for a police officer to enter such place and search therein, and, in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, or otherwise effect entry into such house or place, if after notification of his authority and purpose and demand of admittance duly made he cannot otherwise obtain admittance.
Power to break out of house or other place for purpose of liberation
12. Any police officer or other person authorised to make an arrest may break out of any house or other place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
No unnecessary restraint
13. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Search of arrested persons
14. (1) Whenever a person is arrested by a police officer or a private person, the police officer making the arrest or to whom the private person makes over the person arrested may search such person, and place in safe custody all articles other than necessary wearing apparel found upon him:
Provided that whenever the person arrested can be legally admitted to bail and bail is furnished, such person shall not be searched unless there are reasonable grounds for believing that he has about his person any-
(a) stolen articles; or
(b) instruments of violence; or
(c) tools connected with the kind of offence which he is alleged to have committed; or
(d) other articles which may furnish evidence against him in regard to the offence which he is alleged to have committed.
(2) The right to search an arrested person does not include the right to examine his private person.
(3) Where any property has been taken from a person under this section, and the person is not charged before any court but is released on the ground that there is no sufficient reason to believe that he has committed any offence, any property so taken from him shall be restored to him.
Powers of police officers to detain and search persons, vehicles and vessels in certain circumstances
15. (1) Any police officer who has reason to suspect that any article stolen or unlawfully obtained, or any article in respect of which a criminal offence or an offence against the customs laws has been, is being, or is about to be, committed, is being conveyed, whether on any person or in any vehicle, package or otherwise, or is concealed or carried on any person in a public place, or is concealed or contained in any vehicle or package in a public place, for the purpose of being conveyed, may, without warrant or other written authority, detain and search any such person, vehicle or package, and may take possession of and detain any such article which he may reasonably suspect to have been stolen or unlawfully obtained or in respect of which he may reasonably suspect that a criminal offence or an offence against the customs laws has been, is being, or is about to be committed, together with the package, if any, containing it, and may also detain the person conveying, concealing or carrying such article:
Provided that this subsection shall not extend to the case of postal matter in transit by post except where such postal matter has been, or is suspected of having been, dishonestly appropriated during such transit.
(2) Any police officer of or above the rank of sergeant may, if he has reason to suspect that there is on board any vessel any property stolen or unlawfully obtained, enter without warrant, and with or without assistants, board such vessel and may remain on board for such reasonable time as he may deem expedient, and may search with or without assistants any and every part of such vessel., and, after demand and refusal of keys, may break open any receptacle, and upon discovery of any property which he may reasonably suspect to have been stolen or unlawfully obtained may take possession of and detain such property and may also detain the person in whose possession the same is found. Such police officer may pursue and detain any person who is in the act of conveying any such property away from any such vessel, or after such person has landed with the property so conveyed away or found in his possession.
(3) Any person detained under this section shall be dealt with under the provisions of section 23.
Mode of searching women
16. Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
Power to seize offensive weapons
17. Notwithstanding the provisions of section 14, the officer or other person making any arrest may take from the person arrested any instruments of violence which he has about his person, and shall deliver all articles so taken to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested.
Arrest by police officer without warrant
18. Any police officer may, without an order from a magistrate and without a warrant, arrest-
(a) any person whom he suspects upon reasonable grounds of having committed a cognisable offence;
(b) any person who commits any offence in his presence;
(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to such thing;
(e) any person whom he suspects upon reasonable grounds of being a deserter from Her Majesty's Army or Navy or Air Force;
(f) any person whom he finds in any highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;
(g) any person whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of the Gilbert Islands which, if committed in the Islands, would have been punishable as an offence, and for which he is, under the Extradition Act 1870 or the Fugitive Offenders Act 1967, or otherwise, liable to be apprehended and detained in the Islands;
(h) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking;
(i) any person for whom he has reasonable cause to believe a warrant of arrest has been issued;
(j) any released convict committing a breach of any provision prescribed by section 40 of the Penal Code or of any rule made thereunder.
Refusal to give name and residence
19. (1) When any person who in the presence of a police officer has committed or has been accused of committing a non-cognisable offence refuses on the demand of such officer to give particulars of his name and residence, or gives particulars of a name or residence which such officer has reason to believe to be false, such officer may arrest such person in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a magistrates' court if so required:
Provided that if such person is not resident in the Gilbert Islands the bond shall be secured by a surety or sureties resident in the Islands.
(3) Should the true name and residence of such person not be ascertained within 24 hours from the time of arrest, or should he fail to execute the bond or, if so required, to furnish sufficient sureties, he shall forthwith be taken before the nearest magistrates' court having jurisdiction.
Disposal of persons arrested by police officer
20. A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions of this Code as to bail, take or send the person arrested before a magistrates' court having jurisdiction in the case or before an officer of or above the rank of sergeant or before the officer in charge of the nearest police station.
Arrest by private persons
21. (1) Any private person may arrest any person who in his view commits a cognisable offence, or whom he reasonably suspects of having committed a felony provided a felony has been committed.
(2) Persons found committing any offence involving injury to property may be arrested without a warrant by the owner of the property or his servants or person authorised by him.
Disposal of person arrested by private person
22. (1) Any private person arresting any other person without a warrant shall without unnecessary delay make over the person so arrested to a police officer, or in the absence of a police officer shall take such person to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 18, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognisable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 19. If there is no sufficient reason to believe that he has committed any offence he shall be at once released.
Detention of persons arrested without warrant
23. When any person has been taken into custody without a warrant for an offence other than murder or treason, the officer of or above the rank of sergeant or the officer in charge of the police station to whom such person shall have been brought may in any case and shall, if it does not appear practicable to bring such person before an appropriate magistrates' court within 24 hours after he has been so taken into custody, inquire into the case, and unless the offence appears to the officer to be of a serious nature, release the person on his entering into a recognisance with or without sureties, for a reasonable amount to appear before a magistrates' court at a time and place to be named in the recognisance, but where any person is retained in custody he shall be brought before a magistrates' court as soon as practicable:
Provided that an officer of or above the rank of sergeant or the officer in charge of the police station may release a person arrested on suspicion on a charge of committing any offence, when, after due inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with the charge.
Police to report apprehensions
24. Where any person is released under the proviso to section 23, the police officer who authorised such release shall report the same to the nearest magistrates' court as soon as it is reasonably possible to do so.
Offence committed in magistrate’s presence
25. When any offence is committed in the presence of a magistrate within the local limits of his jurisdiction he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
Arrest by magistrate
26. Any magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
Recapture of person escaping
27. If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in the Gilbert Islands.
Provisions of sections 11 and 12 to apply to arrests under section 27
28. The provisions of sections 11 and 12 shall apply to arrests under section 27, although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.
Assistance to a magistrate or police officer
29. Every person is bound to assist a magistrate or police officer reasonably demanding his aid-
(a) in the taking or preventing the escape of any other person whom such magistrate or police officer is authorised to arrest;
(b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.
EDIT.