Page:Public Order and Safety (Special Powers) Act 2018.pdf/61

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PUBLIC ORDER AND SAFETY (SPECIAL POWERS)
61


(b) in the target area of a special authorisation, an offence under section 143, 144, 145, 147, 148, 151, 152, 153, 157, 158, 267B, 379, 380, 381, 382, 430, 430A, 431, 431A, 435 or 436 of the Penal Code,

including the use of lethal weapons to effect the arrest and to prevent escape from the arrest.

(3) A police officer making an arrest without warrant under this section must, without unnecessary delay, take or send the individual arrested before a Magistrate’s Court.

(4) A police officer must not detain in custody an individual arrested under this section without warrant for longer than is reasonable in the circumstances, and such period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

(5) A police officer making any arrest under this Act may take from the individual arrested any offensive weapon, or dangerous article, or a thing which the police officer has reasonable grounds for suspecting to be a dangerous article or an offensive weapon or part of a dangerous article or an offensive weapon, that is found on the individual.

(6) Every—

(a) offence under this Act; and
(b) offence mentioned in subsection (2)(b) which is committed in the target area of a special authorisation,

is non‑bailable for the purposes of the Criminal Procedure Code.

(7) In this section, a reference to an offence under this Act includes a reference to an abetment of, or a conspiracy or an attempt to commit, the offence.

(8) Parliament may, from time to time, by resolution add to, delete or replace any offence specified in subsection (2)(b).

Appeal to Minister against temporary restraining order

49.—(1) Any individual against whom a temporary restraining order, or a variation of such an order, is made under section 29 may, if