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Criminal Procedure Act 1972

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Criminal Procedure Act 1972 REPUBLIC OF NAURU Criminal Procedure Act 1972 ______________________________ As in force from 21 December 2012 ______________________________ This consolidation comprises Act No. 21 of 1972 as amended and in force from 21 December 2012 (being, at the time the consolidation was prepared on 26 September 2014, the date of commencement of the most recent amendment). The notes section at the end of the consolidation includes a reference to the law by which each amendment was made. The Table of Amendments in the notes section sets out the legislative history of individual provisions. The operation of amendments that have been incorporated in the text of the consolidation may be affected by application provisions that are set out in the notes section at the end of the consolidation This consolidation is prepared and published in a legislation database by the Department of Justice and Border Control under the Legislation Publication Act 2011. Criminal Procedure Act 1972 Contents PART I – PRELIMINARY ....................................................................................................... 1 1 Short title and commencement............................................................................. 1 2 Interpretation ...................................................................................................... 1 3 Trial of offences .................................................................................................. 2 PART II – POWERS OF THE COURTS ................................................................................ 2 4 Power to try offences under the Criminal Code 1899 .............................................. 2 5 Power to try offences under other laws ................................................................. 2 6 Sentences which the Supreme Court may pass ..................................................... 3 7 Sentences which the District Court may pass ........................................................ 3 8 Combination of sentences ................................................................................... 3 9 Separate sentence to be passed for each offence .................................................. 3 PART III – ARREST OF OFFENDERS AND PREVENTION OF OFFENCES ...................... 4 10 Arrest without warrant ......................................................................................... 4 11 Mode of making arrest ........................................................................................ 4 12 Entry to arrest person under warrant ..................................................................... 5 13 Power to break out of house, etc., for purpose of liberation ..................................... 5 14 No unnecessary restraint ..................................................................................... 5 15 Search of arrested persons .................................................................................. 5 16 Power of police officer to detain and search persons, vehicles, vessels and aircraft in certain circumstances ........................................................................... 6 17 Power to seize offensive weapons........................................................................ 7 18 Refusal to give name and residence ..................................................................... 7 19 Disposal of person arrested by a police officer ....................................................... 8 20 Disposal of person arrested by private person ....................................................... 8 21 Detention of persons arrested without warrant ....................................................... 8 22 Police officer to report certain arrests .................................................................... 8 23 Offence committed in magistrate's presence ......................................................... 9 24 Arrest by magistrate ............................................................................................ 9 25 Recapture of person escaping ............................................................................. 9 26 Assistance to magistrate or police officer .............................................................. 9 27 Security for keeping the peace ............................................................................. 9 28 Order to be made .............................................................................................10 29 Procedure in respect of person present in court ...................................................10 30 Summons or warrant in case of person not present in court ..................................10 31 Copy of order under section 28 to accompany summons or warrant .....................11 32 Power to dispense with personal attendance .......................................................11 As in force from 21 December 2012 Criminal Procedure Act 1972 33 Inquiry as to truth of information .........................................................................11 34 Order to give security ........................................................................................11 34A Apprehended violence order ..............................................................................12 35 Discharge of person informed against .................................................................12 36 Commencement of period for which security is required .......................................12 37 Power to reject sureties .....................................................................................12 38 Procedure on failure of person to give security ....................................................13 38A Failure to comply with apprehended violence order ..............................................13 39 Power to release persons imprisoned for failure to give security ...................13 40 Power of Supreme Court to cancel recognizance .................................................13 41 Discharge of sureties ........................................................................................14 42 Power to arrest and produce before Court person attempting to kill himself ............................................................................................................14 PART IV – PROVISIONS RELATING TO CRIMINAL PROCEEDINGS .............................. 14 43 General authority of District Court.......................................................................14 44 Court to be open ..............................................................................................14 45 Appointment of Director of Public Prosecutions ....................................................15 46 Power of Director of Public Prosecutions to enter nolle prosequi ..................15 47 Delegation of powers by Director of Public Prosecutions.......................................15 48 Public prosecutors and prosecution by police officers ...........................................16 49 Powers of public prosecutors .............................................................................16 50 Conduct of prosecution .....................................................................................16 51 Complaint and charge .......................................................................................16 52 Issue of summons or warrant .............................................................................17 53 Notice to attend court ........................................................................................17 54 Form and contents of summons .........................................................................18 55 Service of summons .........................................................................................18 56 Service when person summoned cannot be found ...............................................18 57 Procedure where service cannot be effected as before provided ................18 58 Service on company or corporation ....................................................................19 59 Where summons may be served ........................................................................19 60 Proof of service ................................................................................................19 61 Power to dispense with personal attendance of accused ......................................19 62 Warrant after issue of summons .........................................................................20 63 Summons disobeyed ........................................................................................21 64 Form, contents and duration of warrant of arrest ..................................................21 65 Court may direct security to be taken ..................................................................21 66 To whom warrants are to be directed ..................................................................21 As in force from 21 December 2012 Criminal Procedure Act 1972 67 Notification of substance of warrant ....................................................................22 68 Person arrested to be brought before the Court without delay ......................22 69 Where warrant of arrest may be executed ...........................................................22 70 Irregularities in warrant ......................................................................................22 71 Power to take bond for attendance .....................................................................22 72 Arrest
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