Public Order and Safety (Special Powers) Act 2018 · 2020 Revised Edition · Part 7 · Miscellaneous
48. Arrest and bail
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Every offence as follows is arrestable for the purposes of the Criminal Procedure Code 2010:
an offence under this Act;
an offence under section 143, 144, 145, 147, 148, 151, 152, 153, 157, 158, 267B, 379, 380, 381 or 382 of the Penal Code 1871 which is committed in the target area of a special authorisation.
A police officer may use such force as is reasonably necessary to arrest any individual whom the officer reasonably suspects is committing or has committed —
police officer
“police officer” includes —(a)a member of the Special Constabulary established under the Police Force Act 2004; and(b)an auxiliary police officer appointed as such under Part 9 of the Police Force Act 2004;
an offence under this Act; or (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, 427, 435 or 436 of the Penal Code 1871,including the use of lethal weapons to effect the arrest and to prevent escape from the arrest.
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.
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.
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.
offensive weapon
“offensive weapon” means —(a)any firearm, air gun, air pistol, stun gun, electronic dart gun, automatic gun, automatic pistol or any other kind of gun from which any shot, bullet or other missile can be discharged or noxious fumes or noxious substance can be emitted, and any component part of any such arms;(b)a bayonet, sword, dagger, spear or spearhead;(c)a bomb or grenade, any apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance, or a part of such bomb, grenade, apparatus, machine or implement; or(d)an article or a vehicle which, if used as a weapon, is likely to cause hurt within the meaning of the Penal Code 1871;
Every —
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 2010.
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.
Parliament may, from time to time, by resolution add to, delete or replace any offence specified in subsection (2)(b).