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Powers of police and authorised officers

Smoking (Prohibition in Certain Places) Act 1992

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—(1) Any person reasonably suspected of having committed an offence under this Act may be arrested without warrant by any police officer or authorised officer and produced before a District Court or a Magistrate’s Court.(2) Despite any other written law, any police officer or authorised officer who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested may, instead of producing that person before a District Court or a Magistrate’s Court or to a police station, serve upon that person a notice, in such form as may be determined under section 9, requiring the person to attend at the Court, at such time and on such date as may be specified in the notice.(3) For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require that person to provide any evidence of identity that the officer considers necessary.(4) A duplicate of the notice served under subsection (2) must be prepared by the police officer or authorised officer and produced by him or her to the District Court or the Magistrate’s Court if so required by the Court.(5) Where an accused person appears before a District Court or a Magistrate’s Court in accordance with a notice served under subsection (2), the Court is to take cognizance of the offence alleged and is to proceed as though the person were produced before it under subsection (1).(6) If a person upon whom a notice has been served under subsection (2) fails to appear before a District Court or a Magistrate’s Court in accordance with the notice, the Court may issue a warrant for the arrest of that person.(7) Where a person arrested under a warrant issued under subsection (6) is produced before a District Court or a Magistrate’s Court, the Court is to —(a)proceed as though the person were produced before it under subsection (1); and(b)at the conclusion of the proceedings, call upon the person to show cause as to why the person should not be punished for failing to attend in compliance with the notice served under subsection (2),and if due cause is not shown, the Court may order the person to pay a penalty not exceeding $1,000 or may commit the person to prison for a term not exceeding one month.

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