Search,summon,arrest

Question 1

What is a summons?

Answer 1

A document issued by the court directing a person to appear in court at a stipulated date and time to answer to a charge or allegation against them.

Question 2

Who can issue a summons?

Answer 2

Only three persons can issue a summons:
* A Magistrate
* A Judge
* A Justice of Peace in the North and FCT

Question 3

What is the lifespan of a summons?

Answer 3

Once issued, it remains valid until it is cancelled or executed.

Question 4

What are the consequences of disobeying a summons?

Answer 4

The magistrate or judge may issue a warrant of arrest to compel the individual to appear.

Question 5

Can a person be arrested with or without a warrant?

Answer 5

Yes, a person may be arrested with or without a warrant.

Question 6

When can arrest be made with a warrant?

Answer 6

Arrest can be made with a warrant when:
* The law states an offender cannot be arrested without a warrant
* A summons is disobeyed
* A serious offence is alleged

Question 7

Who can issue a warrant of arrest?

Answer 7

A warrant of arrest can only be issued by:
* A Judge
* A Magistrate
* A Justice of Peace only in the North

Question 8

True or False: Police officers can issue a warrant of arrest.

Answer 8

False.

Question 9

When can a warrant of arrest be executed?

Answer 9

A warrant of arrest may be executed on any day and at any time.

Question 10

Where cannot a warrant of arrest be executed?

Answer 10

A warrant of arrest cannot be executed in a courtroom while the court is sitting or in a legislative house.

Question 11

What happens to a warrant of arrest once it is executed?

Answer 11

Once executed, the warrant expires and can no longer be used for another arrest.

Question 12

What is required for a police officer to execute a warrant outside their jurisdiction?

Answer 12

The warrant must be taken for endorsement by a competent court in the executing state.

Question 13

How can an arrest be made?

Answer 13

An arrest can be made by touching or confining the body of the person to be arrested.

Question 14

Can a person be arrested in place of another?

Answer 14

No, no one shall be arrested in place of another person.

Question 15

Who may arrest without a warrant?

Answer 15

A Police Officer, a Judicial Officer, a Justice of the Peace (North), or a Private Person.

Question 16

Under what conditions can a private person arrest without a warrant?

Answer 16

A private person may arrest:
* Any person committing an indictable offence in their presence
* Any person reasonably suspected of having committed a felony

Question 17

What must a private person do after making an arrest?

Answer 17

They must proceed without unnecessary delay to hand over the arrested person to a police officer.

Question 18

What is the effect of an irregularity in the process of arrest on the trial of the defendant?

Answer 18

The irregularity does not affect the jurisdiction of the court to try the accused.

Question 19

What is the purpose of a search?

Answer 19

To discover exhibits which substantiate the commission of an alleged offence.

Question 20

Who can issue a search warrant?

Answer 20

A search warrant can be issued by:
* A Magistrate
* A Judge
* A Justice of the Peace (North only)
* A Superior Police Officer in specific circumstances

Question 21

When can a search warrant be executed?

Answer 21

A search warrant may be executed on any day, including Sundays and Public Holidays, except by order of the court.

Question 22

What is required for the execution of a search warrant?

Answer 22

The officer must show the warrant to the person or occupier of the premises to be searched.

Question 23

What should be done if a search of premises is denied?

Answer 23

The officer executing the search warrant is authorized to use reasonable force to break in.

Question 24

What must be done if the premises to be searched is occupied by a woman in purdah?

Answer 24

The person making the search shall notify the woman that she is at liberty to withdraw.

Question 25

Fill in the blank: A search of a person must be carried out by persons of the same _______.

Answer 25

[sex]

Question 26

True or False: A police officer can conduct a medical examination for latent items as part of a search.

Answer 26

True.

Question 27

What happens if the object is found during a search?

Answer 27

It is liable to seizure by the Police Officer executing the search warrant

Refer to S. 107 CPL; S. 74, 76 CPCL.

Question 28

What must a person making a search do if the premises is occupied by a woman in purdah?

Answer 28

Notify the woman that she is at liberty to withdraw and afford her every facility for withdrawing

See Section 79 CPCL; 149(6) ACJA.

Question 29

What is the lifespan of a search warrant?

Answer 29

A search warrant remains valid until it is executed or cancelled by the issuing authority

Refer to S. 106(2) ACJL, 146(2) ACJA.

Question 30

Does improper conduct of a search affect the admissibility of evidence obtained?

Answer 30

No, illegally obtained evidence is admissible if relevant to the trial of the defendant

However, the court has discretion to admit or reject such evidence based on its desirability; section 14 Evidence Act, Musa Sadau v. State.

Question 31

What is required for keeping exhibits recovered from a search?

Answer 31

All exhibits must be recorded in an exhibit register and kept in an exhibit room

The person in charge is known as the exhibit keeper.

Question 32

Can a police officer take suspects or exhibits to their personal house?

Answer 32

No, a police officer cannot take suspects or exhibits to his personal house other than the police station

Refer to April 2019 Q 6(4).

Question 33

What does the Right to Life (S. 33 CFRN) allow regarding the killing of a suspect?

Answer 33

It may be justified to effect a lawful arrest, pursue a suspect immediately after committing an offence, and prevent the escape of a person lawfully detained

Refer to Exception S. 33 (2)(b).

Question 34

What does the Right to Dignity of Human Person (S. 34 CFRN) protect against?

Answer 34

It protects against torture or other maltreatment.

Question 35

What is guaranteed under the Right to Personal Liberty (S. 35 CFRN)?

Answer 35

A person arrested shall be entitled to bail within a reasonable time.

Question 36

What right does a person have regarding silence after arrest?

Answer 36

The right to remain silent or avoid answering any question until after consultation with a lawyer or person of his choice

See S. 35(2) CFRN 1999.

Question 37

What must the police inform a person within 24 hours of arrest?

Answer 37

The facts and grounds for his arrest and detention in a language he understands.

Question 38

What is the requirement for charging a person to court after arrest?

Answer 38

To charge within a reasonable time, defined as 24 hours if a court is within 40km, or 48 hours in other cases

See S. 35(4 & 5) CFRN.

Question 39

What does the Right to Private and Family Life (S. 37 CFRN) entail?

Answer 39

A person’s private life should not be unnecessarily violated without due process or authority.

Question 40

What is the police’s limitation regarding the seizure of property?

Answer 40

The police shall not unlawfully seize and retain properties of a suspect not connected to the alleged crime

They may temporarily take possession for examination, investigation, or enquiry.

Question 41

In an exam scenario, how many rights should you identify if asked about rights breached by police?

Answer 41

At least 5 rights directly related to the scenario.