Section 12: Release on parole
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
12. Release on parole
(1) Where a detainee arrested in respect of an offence cannot practicably
be brought before a Magistrate, he shall be released on parole unless a police
officer not below the rank of Assistant Superintendent certifies in writing that
he has reasonable grounds for believing that the detainee, if released, is likely
to fail to comply with subsection (2), to tamper with evidence, to interfere
with witnesses, to commit another offence or to put his own security at risk.
(2) Where a detainee is released pursuant to subsection (1), he shall
surrender to the custody of the police, at the police station where he was
detained, on the first working day after his release.
(3) A detainee who fails to comply with subsection (2) may be arrested
without a warrant.
[S. 12 amended by s. 9 of Act 34 of 2011 w.e.f. 1 January 2012.]
PART V – PROHIBITION AGAINST DEPARTURE
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Questions this section answers
- If I can't be brought before a Magistrate quickly after arrest, must I be released on parole?
- If I'm released on parole, when must I surrender myself back to the police?