Arrest by Police Officer Without Warrant

Arrest by Police Officer Without Warrant (Criminal Procedure Act, Cap. 20 R.E. 2022)

Section 14 of the Criminal Procedure Act outlines situations in which a police officer may arrest a person without a warrant.

Subsection (1) specifies the circumstances under which an arrest can be made without a warrant:

(a) A police officer may arrest anyone who commits a breach of the peace in their presence.

(b) A person who obstructs a police officer while carrying out their duties or escapes, or attempts to escape, from lawful custody may be arrested.

(c) A person found in possession of stolen property or suspected of committing an offence related to stolen property may be arrested.

(d) A person found loitering during the night in public areas or having in their possession offensive weapons or housebreaking tools can be arrested if the officer reasonably suspects they are about to commit an offence.

(e) A person may be arrested if the police officer has reasonable belief that a warrant for their arrest has been issued.

(f) A person suspected of being involved in an act outside Tanzania that, if committed in Tanzania, would be punishable as an offence may be arrested if extradition or other legal measures apply.

(g) A person who insults the national emblem or flag may be arrested.

(h) A person suspected of being a loiterer may also be arrested.

Subsection (2) provides that if a person is arrested for an offence and is under restraint during an investigation but not yet charged, the police officer may continue holding the person as long as the officer reasonably believes that restraint is necessary for the reasons outlined in subsection (1).

This section ensures that the police can act without a warrant in specific situations where public safety or law enforcement requires immediate action.