BAIL ACT 1982 - SECT 46

BAIL ACT 1982 - SECT 46

46 .         Surety’s power to arrest accused

        (1)         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 —

            (a)         the accused —

                  (i)         is not likely to comply with the requirements of his bail undertaking mentioned in section 28(2)(a) or (b); or

                  (ii)         is, or has been, in breach of any condition of his bail undertaking mentioned in section 28(2)(c); or

                  (iii)         is, or has been, in breach of a home detention condition mentioned in section 28(2)(d);

                and

            (b)         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.

        (2)         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).]