(a)the case must thereupon be investigated by a police officer;
Section history
Section 16 — Procedure in non-arrestable cases
As in force on 30 January 2026.
Timeline 4 versions
- 2 January 2011 Enacted
- 31 December 2021 Revised edition
- 17 June 2024 Act 16 of 2024
- 30 January 2026 You are here
- 17 August 2026 Latest
(1)Where the information so filed or recorded under section 14 or 15 relates to a non-arrestable offence, any one or more of the following applies:
(b)the informant may, by notice of a police officer, be referred to a Magistrate;
(c)a police officer may refer the case to a mediator of a Community Mediation Centre, established under the Community Mediation Centres Act 1997, for mediation.
(1A)Despite subsection (1), if the police officer has reason to believe that the matter is not of a serious nature or there are insufficient grounds for proceeding with the matter (whether or not any investigation has commenced under subsection (1)(a)), no further action need be taken by any police officer.
(2)In investigating such a case, a police officer may, by order of the Public Prosecutor or a Magistrate, exercise any of the special powers of investigation under sections 21, 22, 34, 39 and 111.
(3)A police officer receiving an order of the Public Prosecutor or a Magistrate as mentioned in subsection (2) may also exercise the same powers in respect of the investigation as the police officer may exercise without an order in an arrestable case, except the power to arrest without warrant.
(4)Any informant referred to a Magistrate under subsection (1) must be supplied with a copy of any report filed or recorded under section 14 or 15 on which must be endorsed the name of the police station or place at which the information was so filed or recorded.
(5)A police officer must record his or her reasons if he or she decides to take any course of action mentioned in subsection (1)(b) or (c) or (1A).