Section 3-34 of the Administration of Criminal Justice Act 2015
Section 3-34 of the Administration of Criminal Justice Act 2015 is under PART 2 (ARREST, BAIL AND PREVENTIVE JUSTICE) of the act.
Section 3 of the Administration of Criminal Justice Act 2015
Arrest generally
A suspect or defendant alleged or charged with committing an offence established by an Act of the National Assembly shall be arrested, investigated, inquired into, tried or
Arrest generally.
dealt with according to the provisions of this Act, except otherwise provided under this Act.
Section 4 of the Administration of Criminal Justice Act 2015
Mode of arrest
In making an arrest, the police officer or other persons making the arrest shall actually touch or confine the body of the suspect, unless there is a submission to the custody by word or action.
Section 5 of the Administration of Criminal Justice Act 2015
No unnecessary restraint
A suspect or defendant may not be handcuffed, bound or be subjected to restraint except:
(a) there is reasonable apprehension of violence or an attempt to escape;
(b) the restraint is considered necessary for the safety of the suspect or defendant; or
(c) by order of a court.
Section 6 of the Administration of Criminal Justice Act 2015
Notification of cause of arrest and rights of suspect
(1) Except when the suspect is in the actual course of the commission of an offence or is pursued immediately after the commission of an offence or has escaped from lawful custody, the police officer or other persons making the arrest shall inform the suspect immediately of the reason for the arrest.
(2) The police officer or the person making the arrest or the police officer in charge of a police station shall inform the suspect of his rights to:
(a) remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice;
(b) consult a legal practitioner of his choice before making, endorsing or writing any statement or answering any question put to him after arrest; and
(c) free legal representation by the Legal Aid Council of Nigeria where applicable:
Provided the authority having custody of the suspect shall have the responsibility of notifying the next of kin or relative of the suspect of the arrest at no cost to the suspect.
Section 7 of the Administration of Criminal Justice Act 2015
Arrest in lieu prohibited
A person shall not be arrested in place of a suspect.
Section 8 of the Administration of Criminal Justice Act 2015
Humane treatment of arrested suspect
(1) A suspect shall:
(a) be accorded humane treatment, having regard to his right to the dignity of his person; and
(b) not be subjected to any form of torture, cruel, inhuman or degrading treatment.
(2) A suspect shall not be arrested merely on a civil wrong or breach of contract.
(3) A suspect shall be brought before the court as prescribed by this Act or any other written law or otherwise released conditionally or unconditionally.
(4) The arraignment and trial of a suspect for a crime shall be in accordance with the provisions of this Act unless otherwise stated in this Act.
Section 9 of the Administration of Criminal Justice Act 2015
Search of arrested suspect
(1) Where a suspect is arrested by a police officer or a private person, the officer making the arrest or to whom the private person hands over the suspect:
(a) may search the suspect, using such force as may be reasonably necessary for the purpose; and
(b) shall place in safe custody all articles other than necessary wearing apparel found on the suspect.
(2) Where an arrested suspect is admitted to bail and bail is furnished, he shall not, subject to the provisions of section 11 of this Act, be searched unless there are reasonable grounds for believing that he has on his person any:
(a) stolen article;
(b) instrument of violence or poisonous substance;
(c) tools connected with the kind of offence which he is alleged to have committed; or
(d) other articles which may furnish evidence against him in regard to the offence, which he is alleged to have committed.
(3) Where it is necessary to search a suspect, the search shall be made decently and by a person of the same sex unless the urgency of the situation or the interest of due administration of justice makes it impracticable for the search to be carried out by a person of the same sex.
(4) Notwithstanding the provisions of this section, a police officer or any other person making an arrest may in any case take from the suspect any instrument of violence or poisonous substance which he has on his person.
Section 10 of the Administration of Criminal Justice Act 2015
Inventory of property of arrested suspect.
(1) A police officer making an arrest or to whom a private person hands over the suspect, shall immediately record information about the arrested suspect and an inventory of all items or property recovered from the suspect.
(2) An inventory recorded under subsection (1) of this section shall be duly signed by the police officer and the arrested suspect, but the failure of the arrested suspect to sign the inventory shall not invalidate it.
(3) The arrested suspect, his legal practitioner or such other person, as the arrested suspect may direct, shall be given a copy of the inventory.
(4) Where any property has been taken under this section from an arrested suspect, a police officer may, upon request by either the owner of the property or parties having interest in the property, release such property on bond pending the arraignment of the arrested suspect before a court.
(5) Where a police officer refuses to release the property to the owner or any person having interest in the property under subsection (4) of this section, the police officer shall make a report to the court of the fact of the property taken from the arrested suspect and the particulars of the property.
(6) The court to which a report is made under subsection (5) of this section, may, if it is of the opinion that the property or any portion of it can be returned in the interest of justice to the safe custody of the owner or person having interest in the property, direct that the property or any portion of it be returned to the owner or to such person having interest in the property.
(7) Where any property has been taken from a suspect under this section, and the suspect is not charged before a court but is released on the ground that there is no sufficient reason to believe that he has committed an offence, any property so taken from the suspect shall be returned to him, provided the property is neither connected to nor a proceed of offence.
Section 11 of the Administration of Criminal Justice Act 2015
Examination of arrested suspect.
Where a suspect is in lawful custody on a charge of committing an offence of such a nature and alleged to have been committed in such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the offence, a qualified medical practitioner or any certified professional with relevant skills, acting at the request of a police officer, may make such an examination of the suspect in custody as is reasonably necessary in order to ascertain the facts which may afford the evidence, and to use such force as is reasonably necessary for that purpose.
Section 12 of the Administration of Criminal Justice Act 2015
Search of place entered by suspect sought to be arrested.
(1) Where a person or police officer acting under a warrant of arrest or otherwise having authority to arrest, has reason to believe that the suspect to be arrested has entered into or is within any house or place, the person residing in or being in charge of the house or place shall, on demand by the police officer or person acting for the police officer, allow him free access to the house or place and afford all reasonable facilities to search the house or place for the suspect sought to be arrested.
(2) Where access to a house or place cannot be obtained under subsection (1) of this section, the person or police officer may enter the house or place and search it for the suspect to be arrested, and in order to effect an entrance into the house or place, may break open any outer or inner door or window of any house or place, whether that of the suspect to be arrested or of any other person or otherwise effect entry into such house or place, if after notification of his authority and purpose, and demand of admittance duly made, he cannot obtain admittance.
(3) Where the suspect to be arrested enters a house or place in the actual occupancy of another person being a woman who by custom or religious practice does not appear in public, the person making the arrest shall:
(a) before entering the house or place, give notice to the woman that she is at liberty to withdraw; and
(b) afford her every reasonable opportunity and facility for withdrawing, and may then enter the house or place, but the notice shall not be necessary where the person making the arrest is a woman.
Section 13 of the Administration of Criminal Justice Act 2015
Power to break out of a house or place for purpose of liberation
A police officer or any other person authorised to make an arrest may break out of a house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained in the house or place.
Section 14 of the Administration of Criminal Justice Act 2015
Arrested suspect to be taken immediately to police station
(1) A suspect who is arrested, whether with or without a warrant, shall be taken immediately to a police station, or other place for the reception of suspect, and shall be promptly informed of the allegation against him in the language he understands.
(2) A person who has the custody of an arrested suspect shall give the suspect reasonable facilities for obtaining legal advice, access to communication for taking steps to furnish bail, and otherwise making arrangements for his defence or release.
(3) Notwithstanding the provision of subsection (2) of this section, any such communication or legal advice shall be done in the presence of an officer who has custody of the arrested suspect.
Section 15 of the Administration of Criminal Justice Act 2015
Recording of arrests.
(1) Where a suspect is arrested, whether with or without a warrant, and taken to a police station or any other agency effecting the arrest, the police officer making the arrest or the officer in charge shall cause to be taken immediately, in the prescribed form, the following record of the suspect arrested:
(a) the alleged offence;
(b) the date and circumstances of his arrest;
(c) his full name, occupation and residential address; and
(d) for the purpose of identification:
(i) his height,
(ii) his photograph,
(iii) his full fingerprint impressions, or
(iv) such other means of his identification.
(2) The process of recording in subsection (1) of this section shall be concluded within a reasonable time of the arrest of the suspect, but not exceeding 48 hours.
(3) Any further action in respect of the suspect arrested pursuant to subsection (1) of this section shall be entered in the record of arrests.
(4) Where a suspect who is arrested with or without a warrant volunteers to make a confessional statement, the police officer shall ensure that the making and taking of the statement shall be in writing and may be recorded electronically on a retrievable video compact disc or such other audio visual means.
(5) Notwithstanding the provision of subsection (4) of this section, an oral confession of arrested suspect shall be admissible in evidence.
Section 16 of the Administration of Criminal Justice Act 2015
Central Criminal Records Registry.
(1) There shall be established at the Nigeria Police Force a Central Criminal Records Registry.
(2) For the purposes of subsection (1) of this section, there shall be established at every state police command a Criminal Records Registry which shall keep and transmit all such records to the Central Criminal Records Registry.
(3) The State or Federal Capital Territory (FCT) Police Command shall ensure that the decisions of the court in all criminal trials are transmitted to the Central Criminal Records Registry within 30 days of the judgement.
Section 17 of the Administration of Criminal Justice Act 2015
Recording of statement of suspects
(1) Where a suspect is arrested on allegation of having committed an offence, his statement shall be taken, if he so wishes to make a statement.
(2) Such statement may be taken in the presence of a legal practitioner of his choice, or where he has no legal practitioner of his choice, in the presence of an officer of the Legal Aid Council of Nigeria or an official of a Civil Society Organization or a Justice of the Peace or any other person of his choice. Provided that the Legal Practitioner or any other person mentioned in this subsection shall not interfere while the suspect is making his statement, except for the purpose of discharging his role as a legal practitioner.
(3) Where a suspect does not understand or speak or write in the English language, an interpreter shall record and read over the statement to the suspect to his understanding and the suspect shall then endorse the statement as having been made by him, and the interpreter shall attest to the making of the statement.
(4) The interpreter shall endorse his name, address, occupation, designation or other particulars on the statement.
(5) The suspect referred to in subsection (1) of this section shall also endorse the statement with his full particulars.
Section 18 of the Administration of Criminal Justice Act 2015
Arrest by police officer without warrant
(1) A police officer may, without an order of a court and without a warrant, arrest a suspect:
(a) whom he suspects on reasonable grounds of having committed an offence against a law in Nigeria or against the law of any other country, unless the law creating the offence provides that the suspect cannot be arrested without a warrant;
(b) who commits any offence in his presence;
(c) who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to the thing;
(e) whom he suspects on reasonable grounds of being a deserter from any of the armed forces of Nigeria;
(f) whom he suspects on reasonable grounds of having been involved in an act committed at a place outside of Nigeria which, if committed in Nigeria, would have been punished as an offence, and for which he is, under a law in force in Nigeria, liable to be apprehended and detained in Nigeria;
(g) having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking, car theft, firearm or any offensive or dangerous weapon;
(h) whom he has reasonable cause to believe a warrant of arrest has been issued by a court of competent jurisdiction in Nigeria;
(i) found in Nigeria taking precautions to conceal his presence in circumstances, which afford reason to believe that he is taking such precautions with a view to committing an offence;
(j) whose arrest a warrant has been issued or whom he is directed to arrest by a Judge, Magistrate, Justice of the Peace or superior police officer;
(k) whom he reasonably suspects to be designing to commit an offence for which the police may arrest without a warrant, if it appears to him that the commission of the offence cannot be otherwise prevented; or
(l) required to appear by a public summons issued under this Act or any other Act.
(2) The authority given to a police officer to arrest a suspect who commits an offence in his presence shall be exercisable in respect of offences committed in the officer’s
presence notwithstanding that the Act creating the offence provides that the suspect cannot be arrested without a warrant.
Section 19 of the Administration of Criminal Justice Act 2015
Refusal to give name and residence
(1) Where a suspect who, in the presence of a police officer, has committed or has been accused of committing an offence triable summarily, refuses on demand of the officer to give his name and residential address, or gives a name or residential address which the officer has reason to believe to be false, he may be arrested by the officer in order that his name or residential address may be ascertained.
(2) Where the true name and residential address of the suspect have been ascertained, he shall be released on his executing a recognizance, with or without sureties, to appear before a Magistrate if so required, but if the person is not resident in Nigeria, a surety or sureties resident in Nigeria shall secure the recognizance.
(3) Where the true name and address of the suspect cannot be ascertained within 24 hours from the time of arrest, or if he fails to execute recognizance, or, where so required, to furnish sufficient sureties, he shall forthwith be brought before the nearest Magistrate having jurisdiction.
(4) Where the suspect on being brought before the court still refuses, the court may deal with him as it will deal with an uncooperative witness under this Act.
Section 20 of the Administration of Criminal Justice Act 2015
Arrest by private persons.
A private person may arrest a suspect in Nigeria who in his presence commits an offence, or whom he reasonably suspects of having committed an offence for which the police is entitled to arrest without a warrant.
Section 21 of the Administration of Criminal Justice Act 2015
Arrest by owner of property
A suspect found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or his servants, agent or persons authorised by him.
Section 22 of the Administration of Criminal Justice Act 2015
Arrest of suspect doing damage to public property.
A private person may arrest any suspect found damaging public property.
Section 23 of the Administration of Criminal Justice Act 2015
Handing over of an arrested suspect by private person
(1) A private person who arrests a suspect without a warrant shall immediately hand over the suspect so arrested to a police officer, or, in the absence of a police officer, shall take the suspect to the nearest police station, and the police officer shall make a note of the name, address and other particulars of the private person making the arrest.
(2) Where there is reason to believe that the arrested suspect comes under the provisions of section 18 (1) of this Act, a police officer shall re-arrest him.
(3) Where there is reason to believe that the suspect has committed an offence, and he refuses on the demand of a police officer to give his name and address, or gives a name or address which the officer reasonably believes to be false, he shall be dealt with under the provisions of section 19 of this Act.
(4) Where a suspect so arrested by a private person is handed over to a police officer or to an official of an agency authorized by law to make arrests, the police officer or official shall take note of the name, residential address and other particulars of the private person making the arrest, and the date, time and other circumstances of the arrest, and where the arrested suspect is taken to the police station or to the agency, the charge room officer shall make the entries in the crime diary.
(5) The police officer or official to whom the arrested suspect is handed over by the private person shall obtain from the private person who made the arrest a formal witness statement setting out the facts and circumstances of the arrest.
(6) Where there is sufficient reason to believe that the suspect handed over has committed an offence, he shall immediately be re-arrested but if there is no sufficient reason to believe that the suspect has committed an offence, he shall be released immediately.
(7) The provisions of section 15 of this Act do not apply to this section unless the suspect arrested and handed over has been re-arrested in accordance with sub section (2) of this section.
Section 24 of the Administration of Criminal Justice Act 2015
Offence committed in presence of Judge or Magistrate
Where an offence is committed in the presence of a Judge or Magistrate within the division or district in which the Judge is sitting or to which the Magistrate is assigned, the Judge or Magistrate may himself arrest or order a person to arrest the suspect and may thereupon, subject to the provisions contained in this Act as to bail, commit the suspect to custody.
Section 25 of the Administration of Criminal Justice Act 2015
Arrest by Magistrate.
(1) A Magistrate may arrest or direct the arrest in his presence of a suspect whose arrest on a warrant he could have lawfully ordered if the facts known to him at the time of making or directing the arrest had been stated before him on oath by some other person.
(2) Where a suspect is arrested in accordance with the provisions of either section 23 or 24 of this Act, the Judge or Magistrate making or directing the making of such arrest may deal with the suspect so arrested in the same manner as if the suspect had been brought before him by or under the directions of any other person.
Section 26 of the Administration of Criminal Justice Act 2015
Arrest for offence committed in presence of Judge, Magistrate or Justice of the Peace
A Judge, Magistrate, or Justice of the Peace may arrest or direct the arrest of a suspect committing an offence in his presence and shall thereupon hand him over to a police officer who shall proceed to take necessary action.
Section 27 of the Administration of Criminal Justice Act 2015
When public is bound to assist in arrest.
A person is bound to assist a Judge, Magistrate, Justice of the Peace, police officer or other person reasonably demanding his aid in arresting or preventing the escape of a suspect whom the Judge, Magistrate, Justice of the Peace, police officer or other person is authorised to arrest.
Section 28 of the Administration of Criminal Justice Act 2015
Pursuit of suspect into other jurisdictions.
A person authorised to effect the arrest of any suspect may, for the purpose of effecting the arrest, pursue him into any part of Nigeria.
Section 29 of the Administration of Criminal Justice Act 2015
Quarterly report of arrests to the Attorney-General.
(1) The Inspector-General of Police and the head of every agency authorised by law to make arrests shall remit quarterly to the Attorney-General of the Federation a record of all arrests made with or without warrant in relation to federal offences within Nigeria.
(2) The Commissioner of Police in a State and head of every agency authorised by law to make arrest within a State shall remit quarterly to the Attorney-General of that State a record of all arrests made with or without warrant in relation to State offences or arrests within the State.
(3) The report shall contain the full particulars of arrested suspects as prescribed by section 15 of this Act.
(4) A register of arrests containing the particulars prescribed in section 15 of this Act shall be kept in the prescribed form at every police station or agency authorised by law to make arrests, and every arrest, whether made with or without warrant, within the local limits of the police station or agency, or within the Federal Capital Territory, Abuja, shall be entered accordingly by the officer in charge of the police station or official in charge of the agency as soon as the arrested suspect is brought to the station or agency.
(5) The Attorney-General of the Federation shall establish an electronic and manual database of all records of arrests at the Federal and State level.
Section 30 of the Administration of Criminal Justice Act 2015
Release on bail of a suspect arrested without warrant.
(1) Where a suspect has been taken into police custody without a warrant for an offence other than an offence punishable with death, an officer in charge of a police station shall inquire into the case and release the suspect arrested on bail subject to subsection (2) of this section, and where it will not be practicable to bring the suspect before a court having jurisdiction with respect to the offence alleged, within 24 hours after the arrest.
(2) The officer in charge of a police station shall release the suspect on bail on his entering into a recognizance with or without sureties for a reasonable amount of money to appear before the court or at the police station at the time and place named in the recognizance.
(3) Where a suspect is taken into custody and it appears to the police officer in charge of the station that the offence is of a capital nature, the arrested suspect shall be detained in custody, and the police officer may refer the matter to the Attorney-General of the Federation for legal advice and cause the suspect to be taken before a court having jurisdiction with respect to the offence within a reasonable time.
Section 31 of the Administration of Criminal Justice Act 2015
Power to release on bail before charge is accepted.
(1) Where a suspect is taken into custody, and it appears to the officer that the inquiry into the case cannot be completed forthwith, he may discharge the suspect on his entering into a recognizance, with or without sureties for a reasonable amount, to appear at the police station and at such times as are named in the recognizance, unless he previously receives notice in writing from the police officer in charge of that police station that his attendance is not required.
(2) A recognizance under subsection (1) of this section may be enforced as if it were a recognizance conditional for the appearance of the said suspect before a Magistrate’s court or the place in which the police station named in the recognizance is situate.
Section 32 of the Administration of Criminal Justice Act 2015
Remedy of suspect detained in custody.
(1) Where a suspect taken into custody in respect of a non-capital offence is not released on bail after 24 hours, a court having jurisdiction with respect to the offence may be notified by application on behalf of the suspect.
(2) The court shall order the production of the suspect detained and inquire into the circumstances constituting the grounds of the detention and where it deems fit, admit the suspect detained to bail.
Remedy of suspect detained in custody.
(3) An application for bail under this section may be made orally or in writing.
Section 33 of the Administration of Criminal Justice Act 2015
Police to report to supervising Magistrates.
(1) An officer in charge of a police station or an official in charge of an agency authorised to make arrest shall, on the last working day of every month, report to the nearest Magistrate the cases of all suspects arrested without warrant within the limits of their respective stations or agency whether the suspects have been admitted to bail or not.
(2) The report shall contain the particulars of the suspects arrested as prescribed in section 15 of this Act.
(3) The Magistrate shall on receipt of the reports, forward them to the Criminal Justice Monitoring Committee which shall analyse the reports and advice the Attorney-General of the Federation as to the trends of arrests, bail and related matters.
(4) The Attorney-General of the Federation shall, upon request by the National Human Rights Commission, the Legal Aid Council of Nigeria or a Non-Governmental Organization, make the report available to them.
(5) Where no report is made in accordance with subsection (1) of this section, the Magistrate shall forward a report to the Chief Judge of the State and the Attorney-General of the State for appropriate remedial action.
(6) With respect to the Federal Capital Territory, Abuja such report referred to in subsection (5) of this section shall be forwarded to the Chief Judge of the Federal Capital Territory, Abuja and the Attorney-General of the Federation for remedial action.
Section 34 of the Administration of Criminal Justice Act 2015
Chief Magistrate to visit police stations every month.
(1) The Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the Chief Judge for that purpose, shall, at least every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than the prison.
(2) During a visit, the Magistrate may:
(a) call for, and inspect, the record of arrests;
(b) direct the arraignment of a suspect;
(c) where bail has been refused, grant bail to any suspect where appropriate if the offence for which the suspect is held is within the jurisdiction of the Magistrate.
(3) An officer in charge of a police station or official in charge of an agency authorised to make an arrest shall make available to the visiting Chief Magistrate or designated Magistrate exercising his powers under subsection (1) of this section:
(a) the full record of arrest and record of bail;
(b) applications and decisions on bail made within the period; and
(c) any other facility the Magistrate requires to exercise his powers under that subsection.
(4) With respect to other Federal Government agencies authorised to make an arrests, the High Court having jurisdiction shall visit such detention facilities for the purpose provided in this section.
(5) Where there is default by an officer in charge of a police station or official in-charge of an agency authorised to make arrest to comply with the provisions of subsection (3) of this section, the default shall be treated as a misconduct and shall be dealt with in accordance with the relevant Police Regulation under the Police Act, or pursuant
to any other disciplinary procedure prescribed by any provision regulating the conduct of the officer or official of the agency.
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