(a)a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or
Section history
Section 78 — Search of person arrested and his premises
As in force on 10 February 2020.
Timeline 4 versions
- 2 January 2011 Enacted
- 10 February 2020 You are here
- 31 December 2021 Revised edition
- 31 May 2024 Act 5 of 2024
- 17 August 2026 Latest
(1)Whenever —
(b)a person is arrested without warrant by a police officer or a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail,
the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person hands over the person arrested, may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him.
(2)A police officer investigating an arrestable offence under Part IV may —
(a)enter any place belonging to or under the control of any person who —
(i)is under arrest in connection with the offence;
(ii)is reasonably believed to be connected with the offence; or
(iii)is reasonably believed to have given shelter to the person under arrest; and
(b)search the place for any evidence of the offence.