marine1
Honorary Master
2 metro cops gunned down in Sebokeng
On way to Armed Robbery call.
Waiting for news to confirm
On way to Armed Robbery call.
Waiting for news to confirm
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Well when you have a liberal pro criminal gvt and population in general what do we expect?
Bring back section 49 of the CPA pre ANC rule and start fighting fire with fire.
The justice system needs a total overhaul !!
You may shoot to effect an arrest and not just when someone is in immediate danger.What rule was that?
Only if someone is in IMMEDIATE danger, they cannot shoot to effect an arrestI thought they could shoot to kill?
You may shoot to effect an arrest and not just when someone is in immediate danger.
Yes it may be abused but do you know how many cops are to scared to draw their firearms?
Thabo Mbeki and his cronies tried their best to limit police powers.
Did I say that? I think you should be able to shoot someone for being on your property at 2 am as well. If you wake up at 3 am or so and see someone in your yard what good reason does that person have to be there?Why should this be extended only to the police? It's not as if there'll ever be enough resources or officers to keep all of us safe all the time. Let's extend this to civilians too.
Did I say that? I think you should be able to shoot someone for being on your property at 2 am as well. If you wake up at 3 am or so and see someone in your yard what good reason does that person have to be there?
I will never agree with anyone that firearm prohibition is a good thing. Wherever legal firearm ownership has been outlawed, crime increases. Criminals will never give up their tools. I would rather have a gun and not need it than need it and not have it.I am glad you're not a proponent of firearm prohibtion, however. We can agree on something ;-)
Hope this helpsWhy should this be extended only to the police? It's not as if there'll ever be enough resources or officers to keep all of us safe all the time. Let's extend this to civilians too.
Your right to make an arrest on your own initiative is set out in Section 42 of the Criminal Procedure Act, 1977.
While a police officer has wide powers to make an arrest without a warrant, you, as a private individual may arrest only a person who commits or attempts to commit in your presence, or whom you reasonably suspect of having committed, an offence specified in Schedule 1 of the Criminal Procedure Act. You may also arrest anyone whom you reasonably believe has committed any offence and is escaping from someone with the power to arrest him or her, who is in 'fresh pursuit'.
You may also arrest anyone you see engaged in an 'affray', which traditionally is defined as a brawl between two or more people in a public place.
The owner, lawful occupier or person in charge of property, on or in respect of which any person is found committing any offence, and any person authorised to do so by the owner, occupier, or person in charge, may without warrant arrest the alleged offender.
You may pursue the person you are entitled to arrest, and other individuals, to whom the purpose of the pursuit has been made known, may assist you. This is the modern counterpart of the old 'hue and cry' of public pursuit.
Other instances
The owner, lawful occupier or person in charge of property has the power to arrest any person committing an offence on the property. Under the Stock Theft Act, 1959, a private person may arrest another without a warrant when there is a reasonable suspicion that the suspect has stolen livestock or entered upon land or certain premises with intent to steal livestock or produce. In several other instances a private person is empowered to make an arrest. For example, under the Post Office Act, 1958, you may arrest without a warrant anyone you see wilfully or maliciously destroying, damaging or removing a telegraph line or pole; under the Extradition Act, 1962, you may arrest any person who escapes from custody while being removed from South Africa in terms of an extradition order.
Wrongful arrest
A private person or a peace officer who acts beyond the scope of these powers of arrest risks both a criminal charge of assault and a civil action for damages for assault or for wrongful or malicious arrest and detention. In line with the principle that the individual should not be deprived of personal liberty unless the law specifically permits it, South African courts have held that 'all interferences with the liberty of the citizen are prima facie odious and it is for the person responsible to establish why . . . such interference is legally justified' (Ingram v Minister of Justice, 1962).
How to make a citizen's arrest
The person to be arrested should be touched on the arm or shoulder and at the same time be informed of the reason for the arrest. The suspect cannot be said to be arrested until he or she has been made aware that an arrest is being made. Force may be used only if the arrested person refuses to submit to the custody of the person making the arrest.
The onus is on the person making the arrest to show that the force actually used was reasonably necessary. The courts have emphasised that no arrester, whether police officer or private citizen, may indiscriminately resort to force.
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article&ArticleID=3904683
Hope this helps
Private arrest
Thanks, R/SGT. Unfortunately the government makes it exceedingly difficult and costly for civilians to legally own firearms for personal defense, which is a major problem, in my opinion.
Agreed, but I wouldn’t go as far as the Americans though
And that's my point, an armed society (legal) has a low crime rate.I dunno. The state of New Hampshire has some of the most lax gun laws in the world (no waiting period when buying, concealed and open carry permitted) and it has the lowest crime rate in the entire country.
And that's my point, an armed society (legal) has a low crime rate.