Surety’s power to arrest accused
46 Surety’s power to arrest accused
A surety may arrest an accused for whose appearance in court he has entered into a surety undertaking if the surety has reasonable grounds to believe that —
the accused —
is not likely to comply with the requirements of his bail undertaking mentioned in section 28(2)(a) or (b); or
is, or has been, in breach of any condition of his bail undertaking mentioned in section 28(2)(c); or
is, or has been, in breach of a home detention condition mentioned in section 28(2)(d); or
is, or has been, in breach of an electronic monitoring condition mentioned in section 28(2)(e);
and
it is not expedient to invoke the assistance of the relevant officer under section 54(1) because the delay occasioned by doing so would defeat the purpose of that section.
A surety who arrests an accused under subsection (1) shall, as soon as is practicable, deliver him into the custody of a police officer and thereafter he shall be dealt with under section 54(4) and section 55, and those provisions shall apply, as if he had been arrested by a police officer under section 54(2).
[Section 46 amended: No. 74 of 1984 s. 16; No. 61 of 1990 s. 10; No. 84 of 2004 s. 82; No. 6 of 2008 s. 33(5); No. 28 of 2024 s. 17.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.