(1) A surety may
arrest an accused for whose appearance in court he has entered into a surety
undertaking if the surety has reasonable grounds to believe that —
(a) the
accused —
(i)
is not likely to comply with the requirements of his bail
undertaking mentioned in section 28(2)(a) or (b); or
(ii)
is, or has been, in breach of any condition of his bail
undertaking mentioned in section 28(2)(c); or
(iii)
is, or has been, in breach of a home detention condition
mentioned in section 28(2)(d);
and
(b) it
is not expedient to invoke the assistance of the relevant officer under
section 54(1) because the delay occasioned by doing so would defeat the
purpose of that section.
(2) A surety who
arrests an accused under subsection (1) shall, as soon as is practicable,
deliver him into the custody of a police officer and thereafter he shall be
dealt with under section 54(4) and section 55, and those provisions shall
apply, as if he had been arrested by a police officer under section 54(2).
[Section 46 amended: No. 74 of 1984 s. 16; No. 61
of 1990 s. 10; No. 84 of 2004 s. 82; No. 6 of 2008 s. 33(5).]