Chapter 2: Criminal Warrants

Section 57

Arrests, detentions, or searches of private places require a court order or warrant, unless allowed by Sections 78, 79, 80, 92, or 94. – A person arrested/detained by court warrant can only be released by a court-issued release warrant.

Section 58

Courts may issue criminal orders or warrants within their jurisdiction, following procedures set by the President of the Supreme Court’s regulations. Section 59 The court may issue:

– Arrest warrants – Search warrants – Detention warrants These warrants may be issued:

– At the court’s discretion – Or upon request, which must come from: – An administrative officer (level 3 or above) – Or a police officer (Police Lieutenant or higher) If urgent and in-person request is not possible, requests can be made via:

– Telephone – Fax – Electronic or other information technology media If the court finds sufficient grounds, it may issue a warrant under Section 59/1, and send a copy electronically.- The requesting person would have to appear before the court as soon as possible to take an oath.

– It is the courts duty to record the proceedings (written or audio), sign it, as well as keep the record.

– Should the warrant violates the law, the court may amend or revoke the warrent, and order remedial actions. Section 59/1

Firstly before a warrant is issued, reasonable evidence must be shown that there are grounds under: – Section 66 (the arrest of suspect/s) – Section 69 (the arrest of the fugitive/s) – Section 71 (those who need to be arrested of those evading court orders) – Court must state reasons when granting or rejecting a warrant.

– The procedures also the must follow the President of the Supreme Court’s regulations. Section 60

Note that all criminal warrants must be in writing and include the following details: 1. The place as well as the date of issue of the warrant 2. The reason for the warrant 3. The names or the descriptions, depending on warrant type being issued:

– Arrest: The person who is to be arrested – Detention/Imprisonment/Release: The person’s name – Search: Location, items or people, time, and name of search officer

4. It should also contain the details of the offense or punishment 5. Likewise the place of detention alternatively the reason for release of the person 6. Finally there must also be the court’s signature and seal on the warrant Section 61It is the responsibility for administrative or police officials to execute the warrants from the courts. – The warrants can be sent to the local officers or chiefs (province/district/sub-district). – The receiving officer may do the following: – He can handle it personally – Alternatively he can assign subordinates – He can also forward certified copies to others for action – They can also work jointly with others if multiple officers are assigned for the task

Section 62

Executing officers must:

– Inform the person of the warrant’s content – Show the warrant upon request – Record the communication and the date in the warrant

Section 63

After executing the warrant, the officer must:

– Record details of execution – If unsuccessful, record the reasons – Send report to the issuing court without delay Section 64

If the arrest or search is successful:

– The person or item must be sent immediately to the court or official stated in the warrant, unless directed otherwise

Section 65

If the arrested person escapes or the person is helped to escape. Under these circumstance officers may pursue and re-arrest without a new warrant.