(b)
mandatory death penalty) or for which a person may be
sentenced to imprisonment; or
if it appears to the police officer that service of a
summons is impracticable.
The existing provision does not have these limitations.
The clause
also repeals the power to arrest a person who may be charged with
any offence and replaces it with a power to arrest a person who a
police officer reasonably believes will be charged with an offence
of a type referred to in subparagraph (a) or (b) above.
3.
4.
Clause 2(2) contains consequential amendments.
Clause 2(3) repeals and replaces section 50 (6) so that when a
person is arrested, the police officer may search for and take
possession of things that he reasonably suspects will be of value to
the investigation of an offence that the person has committed or is
reasonably suspected of having committed. The existing power to
search for and seize things reasonably suspected of throwing light
on the character or activities of the person or his associate is
repealed.
5.
Clause 2(4) repeals and replaces section 50 (7) in order to make
50(7)
a similar amendment to the power of search and seizure under a
magistrate's warrant. Under the new subsection a magistrate may no
longer authorize the arrest of a person who has in his possession or
under his control anything that may be seized. Instead, a
magistrate may authorize the temporary detention of such a person
if, but for the detention, he might prejudice the purpose of the
search.
6.
7.
Clause 3 contains a consequential amendment.
Clause 4 repeals and replaces section 54 of the principal
Ordinance.
The existing provision enables a police officer to stop
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