CHAPTER 54
CRIMINAL PROCEDURE CODE

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

2. Interpretation.

3. Trial of offences.

PART II

POWERS OF COURTS

4. Offences by what court triable.

5. Sentences which Supreme Court may pass.

6. Sentences which Magistrates’ Court may pass.

7. Committal for sentence.

8. Combination of sentences.

9. Sentences in case of conviction of several offences at one trial.

PART III

GENERAL PROVISIONS

Arrest, escape and retaking

Arrest generally

10. Arrest how made.

11. Search of place entered by person sought to be arrested.

12. Power to break open doors and windows for purposes of liberation.

13. No unnecessary restraint.

14. Search of arrested persons.

15. Power of police officer to detain and search boats, vehicles, and persons in certain circumstances.

16. Mode of searching women.

17. Power to seize offensive weapons.

Arrest without warrant

18. Arrest by police officer without warrant.

19. Procedure when police officer deputes subordinate to arrest without warrant.

20. Refusal to give name and residence.

21. Disposal of person arrested by police officer.

22. Arrest by private person.

23. Disposal of person arrested by private person.

24. Detention of person arrested without warrant.

25. Police to report apprehensions.

26. Offences committed in judicial officers’s presence.

27. Arrest by judicial officer.

Escape and retaking

28. Recapture of person escaping.

29. Provisions of sections 11 and 12 to apply to arrests under section 28.

30. Assistance to judicial officer or police officer.

30A. Interpretation.

30B. Taking of sample from person in custody.

30C. Taking of sample from person on bail.

30D. Sample and use of sample.

30E. Photograph.

Prevention of offences

Security for keeping the peace and for good behaviour

31. Security for keeping the peace.

32. Security for good behaviour from persons disseminating seditious matters.

33. Security for good behaviour from vagrants and suspected persons.

34. Security for good behaviour from habitual offenders.

35. Fiat of Attorney-General to proceed under sections 32, 33 or 34.

36. Order to be made.

37. Procedure in respect of person present in court.

38. Procedure in respect of person not present in court.

39. Copy of order to accompany summons or warrant.

40. Power to dispense with personal attendance.

41. Inquiry as to truth of information.

42. Order to give security.

43. Discharge of person informed against.

Proceedings in all cases subsequent to order to furnish security

44. Commencement of period for which security is required.

45. Contents of bond.

46. Power to reject sureties.

47. Procedure on failure of person to give security.

48. Power to release of persons imprisoned for failure to give security.

49. Power of Supreme Court to cancel bond.

50. Discharge of sureties.

Preventive action of the police

51. Police to prevent breaches of the peace or cognisable offences.

52. Information of designs to commit such offences.

53. Arrest to prevent such offences.

54. Prevention of injury to public property.

PART IV

PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS

Place of inquiry or trial

55. General authority of courts.

56. Place of inquiry or trial.

57. Place and date of sittings of Supreme Court.

58. Courts to be open.

58A. Proceedings in camera.

58B. Proceedings in camera in certain cases.

58C. Restriction on publication.

59. Power of Supreme Court to change venue.

Control in criminal proceedings by the republic

60. Attorney-General.

61. Nolle prosequi.

61A. Conditional offer by Attorney-General.

62. Criminal informations by the Attorney-General.

Appointment of public prosecutors and conduct of prosecutions

63. Appointment of public prosecutors.

64. Powers of public prosecutors.

65. Withdrawal from prosecution.

66. Permission to conduct prosecution.

Institution of proceedings

Making of complaint

67. Institution of proceedings.

68. Complaint and charge.

69. Issue of summons or warrant.

70. Person arrested without warrant, how to be dealt with.

Processes to compel the appearance of accused persons

Summons

71. Form and contents of summons.

72. Service of summons.

73. Service when person summoned cannot be found.

74. Procedure when service cannot be effected as before provided.

75. Service on company.

76. Proof of service.

77. Power to dispense with personal attendance of accused.

Warrant of arrest

78. Warrant in case of absconding, etc,.

79. Warrant on disobedience to summons.

80. Form, contents and duration of warrants.

81. Power to direct security to be taken.

82. Warrants, to whom directed.

83. Execution of warrant directed to police officer.

84. Notification of substance of warrant.

85. Persons arrested to be brought before court without delay.

86. Where warrant may be executed.

87. Irregularities in warrant.

Publication and attachment

88. Publication of notice for absent person.

89. Attachment of property.

90. Restoration of attached property.

Miscellaneous provisions regarding processes

91. Power to take bond for appearance.

92. Arrest for breach of bond.

93. Power of court to order prisoner to be brought before it.

94. Provisions of this part generally applicable to summonses and warrants.

Search warrants

95. Power to issue search warrant.

96. Execution of search warrant.

97. Person in charge of closed place to allow ingress.

98. Detention of property seized.

99. Provisions applicable to search warrants.

Provisions as to bail

100. Right to be released.

101. Remand by court.

102. Discharge from custody of person bailed.

103. Deposit instead of recognisance.

104. Power to order sufficient bail when bail first taken is insufficient.

105. Discharge of sureties.

106. Death of surety.

107. Person bound by recognisance absconding may be committed.

108. Forfeiture of recognisance.

109. Appeal from and revision of orders.

110. Power to direct levy of amount due on certain recognisance’s.

Charges and informations

111. Offences to be specified in charge or information with necessary particulars.

112. Joinder of counts in charge or information.

113. Joinder of two or more accused in one charge or information.

114. Rules for the framing of charges and informations.

Previous conviction or acquittal

115. Persons convicted or acquitted not to be tried twice for same offence.

116. Person may be tried again for separate charge.

117. Consequences supervening or not known at the time of former trial.

118. Where original court was not competent to try subsequent charge.

119. Mode of proof of previous conviction or acquittal.

Compelling attendance of witnesses

120. Summons for witness.

121. Warrant for witness who disobeys summons.

122. Warrant for witness in the first instance.

123. Mode of dealing with witness arrested under warrant.

124. Power to order production of prisoner as witness.

125. Penalty for non-attendance of witness.

Examination of witnesses

126. Power of court to summon material witness or examine person present.

127. Evidence to be given on oath.

128. Proof by written statement.

129. Proof by formal admission.

130. Refractory witnesses.

131. Report of government analyst.

132. Cases when wife or husband may be called for the prosecution.

133. Taking of evidence in absence of accused.

133A. Trials in the absence of the accused.

Evidence for defence

134. Competency of accused and husband or wife, as witnesses.

135. Procedure where person charged is only witness called.

Procedure in case of the lunacy or other incapacity of an accused person

136. Inquiry by court as to lunacy of accused.

137. Defence of lunacy at preliminary inquiry.

138. Defence of lunacy at trial.

139. Resumption of trial or inquiry.

140. Certificate of medical officer of mental hospital as to sanity to be evidence.

141. Procedure when accused does not understand proceedings.

Judgement

142. Mode of delivering judgement, convicted person to be informed of right of appeal.

143. Contents of judgement.

144. Copy of judgement, etc. to be given to accused on application.

145. Alternative or additional charges.

Costs and compensation

146. Costs against accused.

147. Republic not to pay costs.

148. Order to pay costs appealable.

149. Compensation in case of frivolous or vexatious charge.

150. Costs and compensation to be specified in order, how recoverable.

151. Power of court to award expenses or compensation out of fine.

Disposal of property in possession of the police, forfeiture and restitution of property

152. Disposal of property in possession of police.

153. Forfeiture.

153A. Interim order pending application under section 153B.

153B. Forfeiture of proceed of crime.

153C. International mutual assistance.

154. Restitution.

155. Property found on accused person.

Conviction for offences other than those charged

156. When offence proved is included in offence charged.

157. Person charged with any offence may be convicted of attempt.

158. Alternative verdict to murder or manslaughter in cases of complicity in another’s suicide.

159. Alternative verdicts in various offences involving the homicide of children.

160. Alternative verdict in charge of manslaughter resulting from driving of motor vehicle.

161. Alternative verdict in certain driving offences.

162. Alternative verdicts in charges of rape and kindred offences.

163. Persons charged with burglary, etc., may be convicted of kindred offences.

164. Alternative verdicts in charges of stealing and kindred offences.

165. Construction of sections 156 to 164 of the Code.

Miscellaneous provisions

166. Person charged with misdemeanour not to be acquitted if felony proved unless court so directs.

167. Right of accused person to be defended.

168. Promotion of reconciliation.

PART V

MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

General

169. Evidence to be taken in presence of accused.

170. Interpretation of evidence to accused or his advocate.

Magistrates’ court

171. Manner of recording evidence before magistrate.

172. Remarks respecting demeanour of witness.

173. Procedure in case of minor offences.

174. Conviction or commitment on evidence partly recorded by one magistrate and partly by another.

Supreme court

175. Manner of recording evidence in Supreme Court.

PART VI

PROCEDURE IN TRIALS BEFORE THE SUPREME COURT IN ITS SUMMARY JURISDICTION AND BEFORE THE MAGISTRATES’ COURT

Provisions relating to the hearing and determination of cases

176. Non-appearance of complainant at hearing.

177. Appearance of both parties.

178. Withdrawal of complaint.

179. Adjournment.

179A. Use of video link facilities for accused on remand.

180. Non-appearance of parties after adjournment.

181. Accused to be called upon to plead.

182. Procedure on plea of not guilty.

183. Acquittal of accused person when no case to answer.

184. The defence.

185. Evidence in reply.

186. Addressing the court.

187. Amendment of charge.

188. The decision.

189. Drawing up conviction or order.

190. Order of acquittal bar to further procedure.

Limitations relating to trials before the supreme court in its summary
jurisdiction and before the magistrates’ court

191. Limitation of time for summary trials in certain cases.

PART VII

PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR
TRIAL BEFORE THE SUPREME COURT

Preliminary inquiry by the magistrates’ court

192. Holding of preliminary inquiry.

193. Depositions.

194. Variance between evidence and charge.

195. Remand.

196. Taking statements or evidence of accused person.

197. Evidence and address in defence.

198. Discharge of accused person.

199. Commitment for trial.

200. Conflict of evidence.

201. Committal.

202. Summary adjudication.

203. Complainant and witnesses to be bound over.

204. Refusal to be bound over.

205. Accused person entitled to copy of depositions.

206. Binding over of witnesses conditionally.

207. Inspection and post-mortem examinations.

Preservation of testimony in certain cases

208. Taking the depositions of persons dangerously ill.

209. Notices to be given.

210. Transmission of statements.

211. Use of statement in evidence.

Proceedings after committal for trial

212. Transmission of record to Supreme Court and Attorney-General.

213. Power of Attorney-General to direct further investigation.

214. Power of Attorney-General as to additional witnesses.

215. Attorney-General may direct trial by the Magistrates’ Court.

216. Filing of an information.

217. Offence with which accused may be charged.

218. Notice of trial.

219. Copy of information and notice of trial to be served.

220. Return of service.

221. Postponement of trial.

222. Informations by Attorney-General.

223. Form of information.

224. Procedure for trials on information after committal other than in offences triable by jury.

PART VIII

PROCEDURE IN TRIALS BY JURY BEFORE THE SUPREME COURT

Trial by jury

225. Offences triable by jury.

226. Qualifications of jurors.

227. Persons ineligible.

228. Exemptions from service.

229. Jury list.

230. Ballot box.

Empanelling a jury

231. Forming a panel.

232. Summons to jurors.

233. Default of attendance by juror.

234. Attendance of jurors.

Procedure at trial

235. Charge and plea.

236. Amendment of charge.

237. Number of jury.

238. Formation of jury.

239. Ground of objection.

240. Disposal of objections.

241. Procedure where jurors insufficient.

242. Foreman of jury.

243. Oaths of jurors.

244. Release of other jurors.

245. Charge of jury.

246. Opening.

247. Evidence for prosecution.

248. Statements by the accused.

249. Close of prosecution.

250. Opening defence.

251. Evidence of accused.

252. Other defence witnesses.

253. Order of defence witnesses.

254. Rebutting evidence.

255. Final addresses.

256. Absence of a juryman.

257. Incapacity of accused.

258. Jury may withdraw during arguments.

259. View by jury.

260. When a juryman may testify.

261. Adjournment.

262. When jury to be kept together.

263. Court may allow refreshment for jury.

264. Summing up.

265. Province of judge.

266. Province of jury.

267. Retirement to consider verdict.

268. Delivery of verdict.

269. Procedure where jury not agreed.

270. Recording verdict.

271. Decision where no majority.

Procedure after verdict

272. Procedure on conviction.

273. Procedure on acquittal.

274. Discharge of jury.

275. Verdict in case of unsound mind.

276. Procedure after sentence of death.

277. Power of President.

278. Insanity of convicted prisoner.

279. Rules and scales of allowances.

PART IX

SENTENCES AND THEIR EXECUTION

Sentence of death

280. Accused to be informed of right to appeal.

Other sentences

281. Warrant in case of sentence of imprisonment.

282. Suspended sentences of imprisonment.

283. Power of court on conviction of further offence to deal with suspended sentences.

284. Court by which suspended sentence is to dealt with.

285. Discovery of further offences.

286. Breach of condition.

287. Interpretation.

288. Amendment of seventh schedule.

289. Meaning of words, “or”, “and” and “together with” in penal clauses.

290. Costs to be borne by the Republic in certain cases.

291. Recovery of costs from complainant when charge is dismissed.

292. Liability of several persons jointly convicted.

293. Prescription after five years.

294. Sentence of imprisonment in default, of payment of fine and costs.

295. Limit of imprisonment in default.

296. Payment of fine.

297. Warrant for levy of fine, etc.

298. Objections to attachment.

299. Commitment in lieu of distress.

300. Payment in full after commitment.

301. Part payment after commitment.

302. Who may issue warrant.

Previously convicted offenders

303. Power to subject to police supervision.

304. Requirements from persons subject to police supervision.

305. Failure to comply with requirements under Section 304.

306. Powers of Supreme Court to impose extended sentences of imprisonment.

Defects in order or warrant

307. Errors and omissions in orders and warrants.

PART X

APPEALS

Appeals from the magistrates’ court

308. Appeal to Supreme Court.

309. No appeal on plea of guilty or in petty cases.

310. Procedure on appeal.

311. Appellant in prison.

312. Sending for record.

313. Summary rejection of appeal.

314. Fixing of appeal.

315. Order of Registrar to be served on respondent.

316. Powers of Supreme Court.

317. Order of Supreme Court to be certified to lower court.

318. Admission to bail or suspension of sentence pending appeal.

319. Further evidence.

320. Powers to reserve question of law.

321. Cases reserved how dealt with.

322. Cases may be sent back for amendment.

323. Judgement of appellate court, how enforced.

324. Costs of appeal, how recovered.

325. Abatement of appeals.

326. Appeals to Court of Appeal.

327. Admission to bail pending appeal.

Revisions

328. Power of Supreme Court to call for records.

329. Power of Supreme Court on revision.

330. Discretion of court as to hearing parties.

331. Order on revision to be certified to lower court.

Case stated

332. Cases stated by the Magistrates’ Court.

333. Recognisance to be taken and fees paid.

334. Refusal of frivolous application.

335. Procedure on refusal of court to state case.

336. Hearing and determination by Supreme Court.

337. Case may be sent back for amendment or rehearing.

338. Powers of Magistrates’ Court after decision.

339. Appellant may not proceed both by case stated and by appeal.

340. Contents of case stated.

341. Supreme Court may enlarge time.

Appeals from Supreme Court

342. Appeal from Supreme Court to the Court of Appeal.

342A. Reference by the Attorney-General.

343. Reference to the Court of Appeal by the President

PART XI

SUPPLEMENTARY PROVISIONS

Irregular proceedings

344. Error or omission in charge or other proceedings.

345. Distress not legal nor destrainer a trespasser for defect or want of form in proceedings.

Inquiries as to sudden deaths

346. Magistrate empowered to hold inquest.

347. Investigation in case of violent death.

348. Court may call for evidence.

349. Finding.

350. Court not to express any opinion on the evidence.

351. Inquest when obligatory.

Directions in the nature of habeas corpus and writs

352. Power to issue directions of the nature of a habeas corpus.

353. Power of the Supreme Court to issue writs.

Miscellaneous

354. Persons before whom affidavits may be sworn.

355. Shorthand notes of proceedings.

356. Copies of proceedings.

357. Forms.

358. Expenses of jurors, witnesses, etc.

359. Regulations.

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

13 of 1952,

9 of 1955,

3 of 1956,

13 of 1957,

23 of 1957,

3 of 1959,

11 of 1959,

39 of 1960,

7 of 1961,

4 of 1963,

31 of 1964,

2 of 1965,

8 of 1966,

6 of 1968,

29 of 1973,

2 of 1974,

14 of 1975,

19 of 1975,

23 of 1976,

32 of 1980,

20 of 1981,

23 of 1981,

5 of 1982,

4 of 1986,

15 of 1995,

7 of 1997,

14 of 1998,

4 of 2007,

17 of 2008,

2 of 2010,

24 of 2013,

4 of 2014.

7 of 2016.

SI 51 of 1959,

53 of 1962,

7 of 1963,

23 of 1971,

99 of 1973,

95 of 1975,

72 of 1976,

8 of 1996,

67 of 1998,

33 of 1999,

[Date of commencement: 1st February 1955]

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Criminal Procedure Code (hereinafter called this Code).

2. Interpretation.

In this Code, unless the context otherwise requires—

“advocate” means a barrister or attorney admitted to practice in the Supreme Court;

“cognisable offence” means any offence for which a police officer may in accordance with the third schedule or under any law for the time being in force, arrest without warrant;

“Court of Appeal” means the Court of Appeal for Seychelles constituted under section 70 of the Constitution;

“judicial officer” means a Judge, a Senior Magistrate, a Magistrate, a Justice of the Peace or the Registrar;

“Magistrate” includes a Senior Magistrate;

“Magistrates’ Court” means a court presided over by a Senior Magistrate or a Magistrate;

“non-cognisable offence” means an offence for which a police officer may not arrest without a warrant;

“officer in charge of a police station” includes any officer superior in rank to an officer in charge of a police station and also includes, when the officer in charge of a police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable, or when the President so directs, any other police officer so present;

“police officer” includes any member of the Police Force;

“police station” means a post or place appointed by the Commissioner of Police to be a police station;

“public prosecutor” means any person appointed under section 63 and includes the Attorney-General and any person acting under the directions of the Attorney-General;

“Registrar” means the Registrar of the Supreme Court and includes the Assistant Registrar;

“summary trial” means a trial held by the Supreme Court or the Magistrates’ Court under Part VI.

3. Trial of offences.

(1) All offences under the Penal Code shall be inquired into, tried and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under any other law shall be inquired into, tried and otherwise dealt with according to the same provisions, subject, however, to any enactment for the time being in force regulating the manner or place of inquiring into, trying or otherwise dealing with such offences.

(3) Notwithstanding anything in this Code contained, the Supreme Court, may, subject to the provisions of any law for the time being in force in Seychelles, in exercising its criminal jurisdiction in respect of any matter or thing to which the procedure described by this Code is inapplicable, or for which no procedure is so prescribed, exercise such jurisdiction according to the course of procedure observed by and before the High Court of Justice in England.

PART II

POWERS OF COURTS

4. Offences by what court triable.

Subject to the other provisions of this Code, any offence under the Penal Code or under any law other than the Penal Code may be tried—

(a) by the Supreme Court; or

(b) by the Magistrates’ Court when such offence is shown in the third schedule to be triable by that court.

5. Sentences which Supreme Court may pass.

The Supreme Court may pass any sentence authorised by law.

6. Sentences which the Magistrates’ Court may pass.

(1) The Magistrates’ Court when presided over by a Senior Magistrate may pass any sentence authorised by law:

Provided that such sentence shall not exceed, in the case of imprisonment, 25 years, and in the case of a fine, Rs. 250,000;

[S 6(1) proviso rep and subs by s 2(a)(i) of Act 4 of 2007 w.e.f. 16 July 2007; am by s 2(a) of Act 4 of 2014 w.e.f.
14 April 2014.]

(2) The Magistrates’ Court when presided over by a Magistrate other than a Senior Magistrate may pass any sentence authorised by law:

Provided that such sentence shall not exceed, in the case of imprisonment, 18 years, and in the case of a fine, Rs. 125,000.

[S 6(2) proviso rep and subs by s 2(a)(ii) of Act 4 of 2007 w.e.f. 16 July 2007; am by s 2(b) of Act 4 of 2014 w.e.f.
14 April 2014.]

7. Committal for sentence.

(1) When a Magistrate has convicted a person and he is of opinion that a higher sentence should be passed in respect of the offence than he has power to pass he may commit the offender for sentence to the Supreme Court in accordance with the following provisions of this section.

(2) The Magistrate may either admit the offender to bail or remand him in custody until he appears or is brought before the Supreme Court.

(3) When an offender is committed as aforesaid the Supreme Court may—

(a) exercise any of its powers of revision under section 329(1); and

(b) whether any such powers have been exercised or not deal with the offender in any manner in which he could be dealt with if he had been convicted by the Supreme Court.

8. Combination of sentences.

(1) Any court may pass any lawful sentence combining any of the sentences which it is authorised by law to pass.

(2) In determining the extent of the court’s jurisdiction under section 6 to pass a sentence of imprisonment the court shall be deemed to have jurisdiction to pass the full sentence of imprisonment provided in that section in addition to any term of imprisonment which may be awarded in default of payment of a fine, costs or compensation.

9. Sentences in case of conviction of several offences at one trial.

(1) When a person is convicted at one trial of two or more distinct offences the court may sentence him, for such offences, to the several punishments prescribed therefore which such court is competent to impose, such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.

(2) For the purpose of appeal the aggregate of consecutive sentences imposed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

PART III

GENERAL PROVISIONS

ARREST, ESCAPE AND RETAKING

Arrest generally

10. Arrest how made.

(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest:

Provided that nothing in this section contained shall be deemed to justify the use of greater force than was reasonable in the particular circumstances in which it was employed, or was necessary for the apprehension of the offender.

11. Search of place entered by person sought to be arrested.

(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto and afford all reasonable facilities for a search therein.

(2) If ingress to such place cannot be obtained under subsection (1), it shall be lawful in any case for a person acting under a warrant, and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity to escape, for a police officer to enter such place and search therein, and, in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance.

12. Power to break open doors and windows for purposes of liberation.

Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

13. No unnecessary restraint.

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

14. Search of arrested persons.

Whenever a person is arrested—

(a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or

(b) without warrant, or by a private person under a warrant, and the person arrested cannot legally be admitted to bail or is unable to furnish bail,

the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person and place in safe custody all articles, other than necessary wearing apparel, found upon him.

15. Power of police officer to detain and search boats, vehicles, and persons in certain circumstances.

Any police officer may stop, search and detain any vessel, boat or vehicle in or upon which there shall be reason to suspect that anything stolen or unlawfully obtained may be found and also any person who may be reasonably suspected of having in his possession or conveying in any manner anything stolen or unlawfully obtained.

16. Mode of searching women.

Whenever it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.

17. Power to seize offensive weapons.

The officer or other person making any arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested.

Arrest without warrant

18. Arrest by police officer without warrant.

Any police officer may, without an order from a judicial officer and without a warrant, arrest—

(a) any person whom he suspects upon reasonable grounds of having committed a cognisable offence;

(b) any person who commits a breach of the peace in his presence;

(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;

(d) any person named in a notice published under section 88;

(e) any person whom he finds lying or loitering in any highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;

(f) any person whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of Seychelles which, if committed in Seychelles, would have been punishable as an offence, and for which he is, under the Extradition Act, liable to be apprehended and detained in Seychelles;

(g) any person having in his possession without lawful excuse, the burden of providing which excuse shall lie on such person, any implement of house-breaking;

(h) any released convict committing a breach of any provision prescribed by section 304 or of any rule made thereunder;

(i) any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to such thing;

(j) any person for whom he has reasonable cause to believe a warrant of arrest has been issued.

19. Procedure when police officer deputes subordinate to arrest without warrant.

When any officer in charge of a police station requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing specifying the person to be arrested and the offence or other cause for which the arrest is to be made.

20. Refusal to give name and residence.

(1) When any person who in the presence of a police officer has committed or has been accused of committing a non-cognisable offence refuses on the demand of such officer to give his name and residence, or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name and residence may be ascertained.

(2) When the true name and residence of such person have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a court if so required.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest, or should he fail to execute the bond or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

21. Disposal of person arrested by police officer.

A police officer making an arrest without a warrant shall without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before the Judge or a Magistrate or before an officer in charge of a police station and sections 100 and 101 shall apply to such person.

[S 21 am by s 2(a) of Act 15 of 1995 w.e.f. 12 February 1996.]

22. Arrest by private person.

(1) Any private person may arrest any person who in his view commits a cognizable offence, or whom he reasonably suspects of having committed a felony, or who has been named in a notice published under section 88.

(2) Persons found committing any offence involving injury to property may be arrested without a warrant by the owner of the property or his servants or persons authorised by him.

23. Disposal of person arrested by private person.

(1) Any private person arresting any other person without a warrant shall without delay make over the person so arrested to a police officer, or in the absence of a police officer shall take such person to the nearest police station.

(2) If there is reason to believe that such person comes under the provisions of section 18 a police officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognisable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 20. If there is no sufficient reason to believe that he had committed any offence he shall be at once released.

24. Detention of person arrested without warrant.

When any person has been taken into custody without a warrant for an offence other than murder or treason, the officer in charge of the police station to which such person shall be brought may in any case and shall, if it does not appear practicable to bring such person before an appropriate court within twenty-four hours after he was so taken into custody, inquire into the case, and unless the offence appears to the officer to be of a serious nature, release the person on his executing a bond, with or without sureties, for a reasonable amount to appear before a court at a time and place to be named in the bond; but where any person is retained in custody he shall be brought before a court as soon as practicable and sections 100 and 101 shall apply to such person:

[S 24 am by s 2(b) of Act 15 of 1995 w.e.f. 12 February 1996.]

Provided that an officer in charge of a police station may release a person arrested on suspicion on a charge of committing any offence, when after due police inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with the charge.

25. Police to report apprehensions.

Officers in charge of police stations shall report to the Commissioner of Police the case of all persons arrested without warrant within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

26. Offences committed in judicial officers’s presence.

When any offence is committed in the presence of a judicial officer, he may himself arrest or order any person to arrest the offender, any may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

27. Arrest by judicial officer.

A judicial officer may at any time arrest or direct the arrest in his presence of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

Escape and retaking

28. Recapture of person escaping.

If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Seychelles.

29. Provisions of sections 11 and 12 to apply to arrests under section 28.

The provisions of sections 11 and 12 shall apply to arrests under section 28, although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

30. Assistance to judicial officer or police officer.

Every person is bound to assists a judicial or police officer reasonably demanding his aid—

(a) in the taking or preventing the escape of any other person whom such judicial or police office is authorised to arrest;

(b) in the preventing or suppression of a breach of the peace or in the prevention of any injury attempted to be committed to any telegraph or public property.

30A. Interpretation.

(1) In this section and sections 30B, 30C, 30D and 30E—

“intimate sample” means—

(a) a sample of blood, semen or other tissue fluid, urine or pubic hair;

(b) a dental impression;

(c) a swab taken from a person’s body orifice other than the mouth;

“non-intimate sample” means—

(a) a sample of hair, other than public hair;

(b) a sample taken from a nail or from under a nail;

(c) a swab taken from any part of a person’s body including the mouth but not from any other body orifice;

(d) saliva;

(e) finger-print, palm print, footprint or the impression of any part of a person’s body;

(f) the measurement of a person or any part of the body of a person;

“registered dentist” means a person who is registered as a dentist under the Medical Practitioners and Dentists Act;

“sample” means an intimate or non-intimate sample;

“serious offence” means an offence punishable with imprisonment for more than three years;

“sufficient”, in relation to a sample, means sufficient for the purpose of enabling the information required from the sample to be obtained.

(2) The consent of a person under the age of 16 years shall not be valid unless given in the presence of—

(a) a parent or guardian of the person;

(b) a probation officer; or

(c) an officer of the Division of the Ministry responsible for children,

and the parent, guardian or officer attests in writing that the person has consented to giving of the sample after being advised of the right to refuse to give the sample.

[S 30A ins by s 2(a) of Act 7 of 1997 w.e.f. 4 August 1997.]

30B. Taking of sample from person in custody.

(1) A sample shall not be taken from a person who is in the custody of the police or Superintendent of Prisons or has been remanded in custody by the court under this Code unless—

(a) the person consents in writing to the taking of the sample;

(b) the court, on an application, makes an order authorising the taking of the sample; or

(c) where the person has been convicted of a serious offence and the sample sought to be taken is the finger-print of the person—

(i) a police officer of at least the rank of inspector or the Superintendent of Prisons authorises the taking of the finger-print of the person; and

(ii) the finger-print is taken within 21 days of the conviction of the person.

(2) A request for consent or application for the taking of a sample from a person shall not be made unless a police officer of at least the rank of inspector—

(a) has reasonable ground for suspecting the involvement of the person in a serious offence and for believing that the sample will tend to confirm or disprove the person’s involvement; and

(b) authorises the making of the request or application.

(3) The authorisation of the police officer under subsections (1) and (2) shall be in writing or, if given orally, confirmed in writing as soon as possible after the giving of the authorisation.

(4) When seeking a person’s consent to take a sample, a police officer shall first inform the person—

(a) of the giving of the authorisation under subsection (2);

(b) of the grounds, including the nature of the offence in which it is suspected that the person has been involved, for giving it; and

(c) of the right of the person to refuse to give the sample.

(5) Where the court has made an order authorising the taking of a sample from a person, the person shall be informed of the order before the sample is taken.

(6) Before taking the finger-print of a person under subsection (1)(c) the person from whom the sample is to be taken shall be advised of the operation of the subsection and of the giving of the authorisation under the subsection.

(7) Written record shall be made with regard to compliance with subsections (3) to (6).

(8) An application for an order authorising the taking of a sample shall state—

(a) the name and address of the person making the application;

(b) the name and address of the person from whom the sample is sought to be taken;

(c) whether authorisation for the making of the application has been given as required by subsection (2) and the name of the police officer who gave the authorisation;

(d) whether any sample in connection with the offence has previously been taken from the person and if so, the reasons for making the application and the nature of the offence in which the person from whom the sample is to be taken is suspected of being involved;

(e) the kind of the sample it is sought to be taken,

and shall be supported by an affidavit.

(9) An intimate sample, other than a sample of urine or a dental impression, may only be taken from a person by a medical practitioner.

(10) A dental impression may only be taken by a person who is a registered dentist but where it is not reasonably practicable to obtain the services of a registered dentist, the dental impression may be taken by a medical practitioner.

(11) Where the court has made an order authorising the taking of a sample or where the sample is a finger-print and subsection 1(c) applies—

(a) reasonable force may be used to take the sample; and

(b) the person in respect of whom the order has been made or subsection (1)(c) applies shall be guilty of an offence and liable to imprisonment for three years if the person—

(i) refuses to give the sample; or

(ii) in any way obstructs or hinders any other person in the taking of the sample.

[S 30B ins by s 2(a) of Act 7 of 1997 w.e.f. 4 August 1997.]

30C. Taking of sample from person on bail.

(1) Where a person has been released on bail in respect of a serious offence and a police officer of at least the rank of inspector has reasonable ground for believing that a sample taken from the person will tend to confirm or disprove the person’s involvement in the offence, the police officer may apply to the court for an order authorising the taking of the sample.

(2) An application for an order under subsection (1) shall state—

(a) the name and address of the person making the application;

(b) the name and address of the person from whom the sample is sought to be taken;

(c) the fact that the suspect has been released on bail and the nature of the offence which the person is suspected of having committed;

(d) the grounds why the officer believes that the taking of the sample is necessary;

(e) whether any sample in connection with the offence has previously been taken from the person and if so, the reason for the sample which is the subject of the application; and

(f) the kind of sample it is sought to be taken,

and shall be supported by an affidavit.

(3) Where the court has made an order authorising the taking of a sample under this section, a police officer may require the person named in the order to attend a police station, clinic or hospital, named in the order, to have the sample taken.

(4) A requirement under subsection (3) shall specify the day and time, which shall be not less than 48 hours after the making of the requirement to the person, when the person is to attend for the taking of the sample.

(5) Section 30B(9) and (10) shall apply with regard to the taking of an intimate sample under this section.

(6) A police officer may arrest, without a warrant, a person who fails to comply with a requirement under subsection (3) and may use reasonable force for the purpose of taking the sample.

(7) A person who, without reasonable excuse—

(a) fails to comply with a requirement under subsection (3);

(b) refuses to give a sample in compliance with an order of the court under this section;

(c) destroys any sample which has been taken from the person;

(d) in any way obstructs or hinders any other person in the taking of the sample,

shall be guilty of an offence and liable to imprisonment for three years.

[S 30C ins by s 2(a) of Act 7 of 1997 w.e.f. 4 August 1997.]

30D. Sample and use of sample.

(1) Where consent is given or an order of the court made for the taking of a sample from a person, the person taking the sample may take such amount of the sample as the person considers to be necessary for a sufficient sample and in the case of hair, the hair may be plucked with its root.

(2) Samples or information taken from samples may be checked against other samples or information derived from other samples—

(a) contained in records held by or on behalf of the police;

(b) collected at the scene of an offence;

(c) collected on the victim of the offence or anything reasonably believed to have been worn or carried by the victim when the offence was committed;

(d) collected on any weapon or other object or on or in any vessel or vehicle reasonably believed to have been used in the preparation for or in connection with the commission of an offence or for the purpose of escaping from the scene of an offence.

(3) Where a sample has been taken from a person in connection with the suspected involvement of the person in the commission of an offence, the sample and any information derived from the sample shall, if the person is cleared of the offence, be destroyed as soon as possible after the person has been so cleared.

(4) A person is cleared of an offence under subsection (3) if—

(a) the person ceases to be suspected of having committed the offence;

(b) it is decided not to prosecute the person for the offence;

(c) proceedings instituted against the person is discontinued and is not re-instituted within six months thereafter, except where the person’s conduct renders the discontinuance of the proceedings necessary and its re-institution within the six months not possible or impracticable; or

(d) the person is acquitted of the offence.

(5) A record of the destruction of the sample and any information derived from the sample shall be made in writing as soon as practicable after the destruction by the police officer in charge of the investigation or who gave the authorisation under section 30B(2) or section 30C(1).

(6) For the purpose of proving a previous conviction of a person accused or convicted of an offence, a certificate purporting to be signed by a police officer of at least the rank of inspector or a police officer who is in charge of records shall be admissible in evidence without proof and shall be prima facie evidence that the finger-prints to which the certificate relates are the finger-prints of the person and of the previous conviction and sentence recorded in the certificate.

[S 30D ins by s 2(a) of Act 7 of 1997 w.e.f. 4 August 1997.]

30E. Photograph.

(1) The photograph of a person who has been arrested may be taken with the consent of the person or where subsection (2) or subsection (4) applies, without the consent of the person.

(2) The photograph of a person who has been arrested may be taken without the person’s consent where—

(a) the person has been arrested in connection with the involvement of the person in a serious offence; and

(b) a police officer of at least the rank of inspector has reasonable ground for suspecting the involvement of the person in the offence and the police officer authorises in writing the taking of the photograph.

(3) Where the consent of a person is sought under subsection (1) or the photograph of a person is taken without the person’s consent under subsection (2), the person shall be informed of the reason for the taking of the photograph and that the photograph, copy of the photograph and its negative will be destroyed if the person is cleared of the offence in relation to which the photograph was taken.

(4) The photograph of a person who has been convicted of a serious offence may be taken by—

(a) a police officer for the purposes of the record of the police where—

(i) a police officer of at least the rank of inspector authorises the taking of the photograph; and

(ii) the photograph is taken within 21 days of the conviction of the person;

(b) a prison officer for the purposes of the record of a prison and the police where—

(i) the person has been confined to the prison under a written law; and

(ii) the Superintendent of Prisons has authorised the taking of the photograph.

(5) The photograph of a person taken under this section shall be destroyed where the person is cleared of the offence in relation to which the photograph was taken and section 30D(4) shall apply for the purpose determining when a person is cleared of an offence and section 30D(5) shall apply with regard to the destruction of the photograph, copy of the photograph and its negative.

(6) Written record of compliance with subsections (1), (2), (3), (4) and (5) shall be made.

[S 30E ins by s 2(a) of Act 7 of 1997 w.e.f. 4 August 1997.]

PREVENTION OF OFFENCES

Security for keeping the peace and for good
behaviour

31. Security for keeping the peace.

Whenever the Judge or a Magistrate is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, the judicial officer may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the judicial officer thinks fit to fix.

32. Security for good behaviour from persons disseminating seditious matters.

Whenever the Judge or a Magistrate has information that there is any person who, either orally or in writing or in any manner, disseminated or attempts to disseminate, or in any wise abets the dissemination of—

(a) any seditious matter, that is to say, any matter the publication of which is punishable under section 55 of the Penal Code; or

(b) any matter concerning a judge which amounts to libel under the Penal Code,

such judicial officer may (in manner provided in this Code) require such person to show why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the judicial officer thinks fit to fix.

33. Security for good behaviour from vagrants and suspected persons.

Whenever the Judge or a Magistrate receives information—

(a) that any person is taking precautions to conceal his presence, and that there is reason to believe that such person is taking such precautions with a view to committing any offence; or

(b) that there is a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself,

such judicial officer may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year, as the judicial officer thinks fit to fix.

34. Security for good behaviour from habitual offenders.

Whenever the Judge or a Magistrate receives information that any person—

(a) is by habit a robber, house-breaker or thief; or

(b) is by habit a receiver of stolen property, knowing the same to have been stolen; or

(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or

(d) habitually commits or attempts to commit, or aids or abets in the commission of, any offence punishable under Chapters XXX, XXXIII or XXXVI of the Penal Code; or

(e) habitually commits or attempts to commit, or aids or abets in the commission of, offences involving a breach of the peace; or

(f) is so desperate and dangerous as to render his being at large without security hazardous to the community,

such judicial officer may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the judicial officer thinks fit to fix.

35. Fiat of Attorney-General to proceed under sections 32, 33 or 34.

Where the Judge or a Magistrate has or receives information under section 32, section 33 or section 34 no further proceedings in respect thereof shall be taken without the consent of the Attorney-General.

36. Order to be made.

When a judicial officer acting under section 31, section 32, section 33 or section 34 deems it necessary to require any person to show cause under such section, he shall make an order in writing setting forth—

(a) the substance of the information received;

(b) the amount of the bond to be executed;

(c) the term for which it is to be in force; and

(d) the number, character, and class of sureties, if any, required.

37. Procedure in respect of person present in court.

If such person in respect of whom such order is made is present in court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.

38. Procedure in respect of person not present in court.

If such person is not present in court, the Judge or Magistrate, shall issue a summons requiring him to appear, or, when such person is in custody, warrant directing the officer in whose custody he is to bring him before the court:

Provided that whenever it appears to such Judge or Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the judicial officer), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the judicial officer may at any time issue a warrant for his arrest.

39. Copy of order to accompany summons or warrant.

Every summons or warrant issued under section 38 shall be accompanied by a copy of the order made under section 36 and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with or arrested under the same.

40. Power to dispense with personal attendance.

The Judge or Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by an advocate.

41. Inquiry as to truth of information.

(1) When an order under section 36 has been read or explained under section 37 to a person present in court, or when any person appears or is brought before a judicial officer in compliance with or in execution of a summons or warrant issued under section 38, the judicial officer shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials and recording evidence in trials before the court.

(3) For the purposes of this section the fact that a person is an habitual offender may be proved by evidence of general repute or otherwise.

(4) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Judge or Magistrate thinks just.

42. Order to give security.

(1) If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Judge or Magistrate shall make an order accordingly:

Provided that—

(a) no person shall be ordered to give security of a nature different from, or of an amount larger than or for a period longer than, that specified in the order made under section 36;

(b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;

(c) when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

(2) Any person ordered by a Magistrate to give security for good behaviour under this section may appeal to the Supreme Court, and the provisions of Part X (relating to appeals) shall apply to every such appeal.

43. Discharge of person informed against.

If on an inquiry under section 41 it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the judicial offer shall make an entry on the record to that effect, and, if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.

Proceedings in all cases subsequent to order to
furnish Security

44. Commencement of period for which security is required.

(1) If any person in respect of whom an order requiring security is made under section 36 or section 42 is, at the time such order is made, sentenced to or undergoing a sentence of imprisonment, the period for which such security is required shall commence on the expiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the Judge or Magistrate, for sufficient reason, fixes a later date.

45. Contents of bond.

The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or aiding, abetting counselling or procuring the commission of any offence punishable with imprisonment, wherever it may be committed, shall be a breach of the bond.

46. Power to reject sureties.

The Judge or a Magistrate may refuse to accept any surety offered under any of the preceding sections on the ground that, for reasons to be recorded by him, such surety is an unfit person.

47. Procedure on failure of person to give security.

(1) If any person ordered to give security as aforesaid does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case mentioned in subsection (3), be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the court or Magistrate who made the order requiring it.

(2) Where the order is made by the Supreme Court such period may be for any reasonable time.

(3) When such person has been ordered by a Magistrate to give security for a period exceeding six months, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the order of the Supreme Court, and the proceedings shall be laid as soon as conveniently may be before such court.

(4) The Supreme Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, may make such order in the case as it thinks fit.

(5) The period, if any, for which any person is imprisoned for failure to give security shall not exceed three years.

(6) If the security is tendered to the officer in charge of the prison, he shall forthwith refer the matter to the court or Magistrate who made the order and shall await the orders of such court or Magistrate.

48. Power to release of persons imprisoned for failure to give security.

Whenever a Magistrate is of opinion that any person imprisoned for failing to give security may be released without hazard to the community, such Magistrate shall make an immediate report of the case for the orders of the Supreme Court, and such Court may, if it thinks fit, order such person to be discharged.

49. Power of Supreme Court to cancel bond.

The Supreme Court may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under any of the preceding sections by order of any court.

50. Discharge of sureties.

(1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to the Judge or a Magistrate to cancel any bond executed under any of the preceding sections.

(2) On such application being made, the judicial officer shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him.

(3) When such person appears or is brought before the Judge or Magistrate, such judicial officer shall cancel the bond and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. Every such order shall for the purposes of sections 45, 46, 47 and 48, be deemed to be an order made under section 42.

PREVENTIVE ACTION OF THE POLICE

51. Police to prevent breaches of the peace or cognisable offences.

Every police officer may interpose for the purpose of preventing, and shall to the best of his ability prevent, a breach of the peace or the commission of any cognisable offence.

52. Information of designs to commit such offences.

Every police officer receiving information of a design to commit any cognisable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

53. Arrest to prevent such offences.

A police officer knowing of a design to commit any cognisable offence may arrest, without orders from a judicial officer and without a warrant, the person so designing if it appears to such officer that the commission of the offence cannot otherwise be prevented.

54. Prevention of injury to public property.

A police officer may of his own authority interpose to prevent any injury to be committed in his view to any public property, movable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation.

PART IV

PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS

Place of inquiry or trial

55. General authority of courts.

Every court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Seychelles or a place where the Republic has jurisdiction or which according to law may be dealt with as if it had been committed within Seychelles or a place where the Republic has jurisdiction and to deal with the accused person according to its jurisdiction.

[S 55 am by s 2(c) of Act 15 of 1995 w.e.f. 12 February 1996.]

56. Place of inquiry or trial.

Every court may inquire into or try any offence subject to its jurisdiction at any place where it has power to hold sittings.

57. Place and date of sittings of Supreme Court.

(1) For the exercise of its criminal jurisdiction the Supreme Court shall hold sittings at such places and on such dates as the Chief Justice may direct.

(2) The Registrar shall ordinarily give notice before hand of all such sittings.

58. Courts to be open.

Subject to sections 58A and 58B, the place in which a court is held for the purpose of inquiring into or trying an offence shall be deemed an open court to which the public generally may have access, so far as the same can conveniently contain them.

[S 58 am by s 2(d) of Act 15 of 1995 w.e.f. 12 February 1996.]

58A. Proceedings in camera.

A court in a criminal proceeding in relation to a sexual offence or an offence against decency or morality before it—

(a) in the case where it is of the opinion that a person who is called as a witness is not an adult, shall; or

(b) in the case where the person who is called as a witness is an adult and the court considers it necessary for the protection of the privacy of the person or in the interest of morality, may,

direct that all or any person who is not a member or officer of the court or a party to the proceeding or a legal practitioner representing a party to the proceeding or a person otherwise directly concerned with the proceeding be excluded from the court during the taking of the evidence of the person called as a witness.

[S 58A ins by s 2(e) of Act 15 of 1995 w.e.f. 12 February 1996.]

58B. Proceedings in camera in certain cases

Subject to section 58A, a court may, in relation to a criminal proceeding before it, direct—

(a) where it considers that it is necessary in the interest of defence, public morality, public order, public safety or the welfare of a person concerned in the proceeding who is not an adult or for the protection of the privacy of a person concerned in the proceeding; or

(b) where it considers that publicity would prejudice the interest of justice,

that all or any person who is not a member or officer of the court or a party to the proceeding or a legal practitioner representing a party to the proceeding or a person otherwise directly concerned with the proceeding be excluded from the court during the taking of any evidence in the proceeding.

[S 58B ins by s 2(e) of Act 15 of 1995 w.e.f. 12 February 1996.]

58C. Restriction on publication.

(1) A court may, in relation to a criminal proceeding referred to in section 58A or section 58B before it, direct that—

(a) a newspaper report of the proceeding shall not reveal the name, address or any other particular calculated to lead to the identification of a person by or against or in respect of whom the proceeding is taken or who is a witness in the proceeding;

(b) a picture shall not be published in any newspaper as being the picture of or which includes a picture of a person by or against or in respect of whom the proceeding is taken or who is a witness in the proceeding,

except as may be permitted by the court.

(2) A person who contravenes a direction of a court under subsection (1) is guilty of an offence and liable to a fine of R10,000 and to imprisonment for two years.

[S 58C ins by s 2(e) of Act 15 of 1995 w.e.f. 12 February 1996.]

59. Power of Supreme Court to change venue.

(1) Whenever it appears to the Supreme Court that it is necessary or expedient so to do, it may order that an accused person against whom proceedings have been instituted in the Magistrates’ Court be brought for trial to itself or that an accused person against whom proceedings have been instituted in the Supreme Court be sent for trial to the Magistrates’ Court if that court has jurisdiction to try the case.

(2) The Supreme Court may act either on the report of the Magistrates’ Court or on the application of an interested party or of its own initiative.

CONTROL IN CRIMINAL PROCEEDINGS BY THE REPUBLIC

60. Attorney-General.

(1) The Attorney-General is vested with the right of prosecuting all crimes and offences over which the Courts of Seychelles have jurisdiction.

[S 60(1) am by s 3 of Act 2 of 2010 w.e.f. 19 March 2010.]

(2) The right and power of prosecuting vested in the Attorney-General is absolutely under his management and control and any officer who may be appointed a public prosecutor under section 63 shall be under the control of the Attorney-General and be bound to conform to any direction which shall or may be given to him by the Attorney-General.

61. Nolle prosequi.

(1) In any criminal case and at any stage thereof before verdict or judgement, as the case may be, the Attorney-General may enter a nolle prosequi, either by stating in court or by informing the court in writing that the Republic intends that the proceedings shall not continue, and thereupon the accused shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released, or if on bail his recognisance’s shall be discharged, but such discharge or an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.

(2) If the accused shall not be before the court when such nolle prosequi is entered, the Registrar or clerk of such court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained, and also, if the accused person has been committed for trial, to the Magistrates’ Court by which he was so committed, and the Magistrates’ Court shall forthwith cause a similar notice in writing to be given to any witness bound over to prosecute and give evidence and to their sureties (if any) and also to the accused and his sureties in case he shall have been admitted to bail.

61A. Conditional offer by Attorney-General.

(1) The Attorney-General may, at any time with the view of obtaining the evidence of any person believed to have been directly or indirectly concerned in or privy to an offence, notify an offer to the person to the effect that the person—

(a) would be tried for any other offence of which the person appears to have been guilty; or

(b) would not be tried in connection with the same matter,

on condition of the person making a full and true disclosure of the whole of the circumstances within the person’s knowledge relative to such offence and to every other person concerned whether as principal or abettor in the commission of the offence.

(2) Every person accepting an offer notified under this section shall be examined as a witness in the case.

(3) Such person if not on bail may be detained in custody until the termination of the trial.

(4) Where an offer has been notified under this section and the person who has accepted the offer has, either by wilfully concealing anything material or by giving false evidence, not complied with the condition of the offer, the person may be tried for the offence in respect of which the offer was so notified or for any other offence of which the person appears to have been guilty in connection with the same matter.

(5) The statement under caution made by a person who has accepted an offer under this section may be given in evidence against the person when the person is tried as stated in subsection (4).

[S 61A ins by s 2(b) of Act 4 of 2007 w.e.f. 16 July 2007.]

62. Criminal informations by the Attorney-General.

(1) Notwithstanding anything in this Code contained the Attorney-General may exhibit to the Supreme Court, against persons subject to the jurisdiction of the Supreme Court, informations for all purposes for which Her Majesty’s Attorney-General for England may exhibit informations on behalf of the Crown in the High Court of Justice in England.

(2) Such proceedings may be taken upon every such information as may lawfully be taken in the case of similar informations filed by Her Majesty’s Attorney-General for England so far as the circumstances of the case and the practice and procedure of the Supreme Court will admit.

(3) The Supreme Court may make rules for carrying into effect the provisions of this section.

APPOINTMENT OF PUBLIC PROSECUTORS AND CONDUCT OF PROSECUTIONS

63. Appointment of public prosecutors.

(1) The President may appoint generally, or in any case, or for any specified class of cases, in any local area, one or more officers to be called public prosecutors.

(2) The Attorney-General by writing under his hand may appoint any advocate of the Supreme Court or person employed in public service, not being a police officer below the rank of sergeant of police to be a public prosecutor for the purpose of any case:

Provided that in the Magistrates’ Court offences may be prosecuted by any member of the Police Force.

(3) Every public prosecutor shall be subject to the express directions of the Attorney-General.

64. Powers of public prosecutors.

A public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under inquiry, trial or appeal, and if any private person instructs an advocate to prosecute in any such case the public prosecutor may conduct the prosecutions, and the advocate so instructed shall act therein under his directions.

65. Withdrawal from prosecution.

In a trial before any court a public prosecutor may, with the consent of the court or on the instructions of the Attorney-General, at any time before judgement is pronounced, withdraw from the prosecution of any person, and upon such withdrawal—

(a) if it is made before the accused person is called upon to make his defence, he shall be discharged, but such discharge of an accused person shall not operate as a bar to subsequent proceedings against him on account of the same facts;

(b) if it is made after the accused person is called upon to make his defence, he shall be acquitted.

66. Permission to conduct prosecution.

(1) The Judge or any Magistrate inquiring into or trying any case may permit the prosecution to be conducted by any person, but no person other than a public prosecutor or other officer generally or specially authorised by the President in this behalf shall be entitled to do so without permission. With the like permission, any manager or employee may prosecute for an offence committed to the prejudice of his principal or employer.

(2) Any such person or officer shall have the like power of withdrawing from the prosecution as is provided by section 65, and the provisions of that section shall apply to any withdrawal by such person or officer.

(3) Any person conducting the prosecution may do so personally or by advocate.

INSTITUTION OF PROCEEDINGS

Making of complaint

67. Institution of proceedings.

Proceedings may be instituted either by the making of a complaint or by the bringing before a court of a person who has been arrested without warrant.

68. Complaint and charge.

(1) Any person who believes from reasonable and probable cause that an offence has been committed by any person may make a complaint thereof to a judicial officer.

(2) A complaint may be made orally or in writing but if made orally shall be reduced to writing by the judicial officer and, in either case, shall be signed by the complainant and the judicial officer.

(3) The judicial officer upon receiving any such complaint shall subject to the provisions of subsection (4), draw up or cause to be drawn up and shall sign a formal charge containing a statement of the offence with which the accused is charged, unless such a charge is signed and presented by a police officer.

(4) Where the judicial officer is of opinion that any complaint or formal charge made or presented under this section does not disclose any offence, the judicial officer shall make an order refusing to admit such complaint or formal charge and shall record his reasons for such order.

69. Issue of summons or warrant.

(1) Upon receiving a complaint and having signed the charge in accordance with the provisions of section 68 the judicial officer may, in his discretion issue either a summons or a warrant to compel the attendance of the accused person before a court having jurisdiction to inquire into or try the offence alleged to have been committed:

Provided that a warrant shall not be issued in the first instance unless the complaint has been made upon oath either by the complainant or by a witness or witnesses.

(2) The validity of any proceedings taken in pursuance of a complaint or charge shall not be effected either by any defect in the complaint or charge or by the fact that a summons or warrant was issued without a complaint or charge.

(3) Any summons or warrant may be issued on a Sunday.

(4) At Anse Royale or at Praslin and La Digue a complaint or formal charge may be made or presented to the clerk of the Magistrates’ Court at the aforesaid places in respect of an offence within the jurisdiction of the Magistrates’ Court and in such a case and for such purposes the clerk shall have the same powers as, and shall be deemed to be, a judicial officer.

70. Person arrested without warrant, how to be dealt with.

(1) Where a person who has been arrested without warrant is brought before a court otherwise than under sections 21, 24, 100 and 101, the Judge or Magistrate before whom the person is brought shall draw up or cause to be drawn up and shall sign a formal charge containing a statement of the offence with which such person is charged, unless such a charge shall be signed and presented by a police officer.

[S 70(1) am by s 2(f) of Act 15 of 1995 w.e.f. 12 February 1996.]

(2) The court, if it has jurisdiction, may inquire into or try the offence alleged to have been committed.

(3) If the accused person is brought before the Magistrates’ Court and such court has no jurisdiction to inquire into or to try him on the charge drawn up or presented under subsection (1) the court may either admit the accused person to bail or remand him in custody for a period not exceeding fourteen days and shall forthwith notify the Attorney-General thereof in writing.

(4) If at the end of such period of bail or custody, the Attorney-General has not ordered a preliminary inquiry under the provisions of section 192(1), or taken steps to have the accused person appear or be brought before the Supreme Court, or taken any action to terminate the proceedings under the provisions of section 61 or section 65 or otherwise the Magistrates’ Court shall direct that the accused person appear or be brought before the Supreme Court and may admit the accused person to bail or remand him in custody to appear or be brought before the Supreme Court.

PROCESSES TO COMPEL THE APPEARANCE OF ACCUSED PERSONS

Summons

71. Form and contents of summons.

(1) Every summons issued by a judicial officer under this Code shall be in writing, in duplicate and signed by such judicial officer.

(2) Every summons shall be directed to the person summoned and shall require him to appear at a time and place to be therein appointed before a court having jurisdiction to inquire into and deal with the complaint or charge. It shall state shortly the offence for which the person against whom it is issued is charged.

72. Service of summons.

(1) Every summons shall be served by a police officer or by an usher of the Supreme Court or other public servant and shall, if practicable, be served personally on the person summoned by delivering or tendering to him one of the duplicates of the summons by delivering or tendering to him one of the duplicates of the summons.

(2) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.

73. Service when person summoned cannot be found.

(1) Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family or with his servant residing with him or with his employer, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.

(2) If any person with whom a summons is left pursuant to this section fails or refuses to take all reasonable steps to cause the same to be served he shall be guilty of contempt of court.

74. Procedure when service cannot be effected as before provided.

If service in the manner provided by sections 72 or 73 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the summons shall be deemed to have been duly served.

75. Service on company.

Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered letter addressed to the chief officer of the corporation in Seychelles. In the latter case service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

76. Proof of service.

(1) Where the officer who has served a summons is not present at the hearing of the case, an affidavit purporting to be made before the Registrar or a judicial officer that such summons has been served and a duplicate officer that such summons has been served and a duplicate of the summons purporting to be indorsed in the manner herein before provided by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the court.

77. Power to dispense with personal attendance of accused.

(1) Whenever a judicial officer issues a summons in respect of any offence other than a felony, he may if he sees reason to do so, and shall when the offence with which the accused is charged is punishable only by fine and/or imprisonment not exceeding three months, dispense with the personal attendance of the accused, provided that he pleads guilty in writing or appears by an advocate.

(2) A court inquiring into or trying any case may in its discretion, at any subsequent stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinafter provided.

(3) If the court imposes a fine on an accused person whose personal attendance has been dispensed with under this section, and such fine is not paid within the time prescribed for such payment the court may forthwith issue a summons calling upon such accused person to show cause why he should not be committed to prison for such term as the court may then prescribe. If such accused person does not attend upon the return of such summons the court may forthwith issue a warrant and commit such person to prison for such term as the court may then fix.

(4) If in any case in which under this section the attendance of an accused person is dispensed with, previous convictions are alleged against such person and are not admitted in writing or through such person’s advocate the court may adjourn the proceedings and direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinafter provided.

(5) Whenever the attendance of an accused person has been so dispensed with and his attendance is subsequently required, the cost of any adjournment for such purpose shall be borne in any event by the accused.

Warrant of arrest

78. Warrant in case of absconding, etc,.

(1) Where a prosecution has been instituted and a Magistrate or the Registrar has reason to believe that the accused is avoiding service or that he is unlikely to obey the summons or surrender to his bail or attend the resumed hearing, as the case may be, the Magistrate or Registrar may issue a warrant for the arrest of the accused.

(2) An application for a warrant under this section may be made either in writing by a public prosecutor or orally by any police officer or by the complainant or a surety, in which case the Magistrate or Registrar shall examine the applicant and any necessary witness on oath or affirmation and record the substance of his information.

79. Warrant on disobedience to summons.

If the accused does not appear at the time and place appointed in and by the summons, and his personal attendance has not been dispensed with under section 77 the court or the Master of the Supreme Court may issue a warrant to apprehend him and cause him to be brought before such a court. But no such warrant shall be issued unless a complaint has been made upon oath.

[S 79 am by s 2(c) of Act 4 of 2007 w.e.f. 16 July 2007.]

80. Form, contents and duration of warrant.

(1) Every warrant of arrest shall be under the hand of the judicial officer issuing the same.

(2) Every warrant shall state shortly the offence with which the person against whom it is issued is charged and shall name or otherwise describe such person, and it shall order the person or persons to whom it is directed to apprehend the person against whom it is issued and bring him before the court having jurisdiction in the case to answer to the charge therein mentioned and to be further dealt with according to law.

(3) Every such warrant shall remain in force until it is executed or until it is cancelled by the judicial officer who issued it.

81. Power to direct security to be taken.

(1) A judicial officer issuing a warrant for the arrest of any person in respect of any offence other than murder or treason may in his discretion direct by indorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the specified court at a specified time and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The indorsement shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; and

(c) the time at which he is to attend before the court.

(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the court.

82. Warrants, to whom directed.

(1) A warrant of arrest may be directed to one or more police officers, or generally to all police officers. But a judicial officer issuing such a warrant may, if its immediate execution is necessary, and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.

(2) When a warrant is directed to more officers or persons than one, it may be executed by all or by any one or more of them.

83. Execution of warrant directed to police officer.

A warrant directed to any police officer may also be executed by any other police officer whose name is indorsed upon the warrant by the officer to whom it is directed or indorsed.

84. Notification of substance of warrant.

The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested and, if so required, shall show him the warrant.

85. Persons arrested to be brought before court without delay.

The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 81 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person.

86. Where warrant may be executed.

A warrant of arrest may be executed at any place in Seychelles.

87. Irregularities in warrant.

Any irregularity or defect in the substance or from of a warrant, and any variance between it and the written complaint or information, or between either and the evidence produced on the part of the prosecution at any inquiry or trial shall not affect the validity of any proceedings at or subsequent to the hearing of the case, but if any such variance appears to the court to be such that the accused has been thereby deceived or misled, such court may, at the request of the accused, adjourn the hearing of the case to some future date and in the meantime remand the accused or admit him to bail.

PUBLICATION AND ATTACHMENT

88. Publication of notice for absent person.

(1) If any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant of arrest has been issued is not in, or cannot be found in, Seychelles, the court may give notice in the manner specified in subsection (2) requiring that person to appear at a specified place within 30 days of the date of publication of the notice or such longer time as is specified in the notice.

(2) A notice under subsection (1) shall be published—

(a) in the Gazette; and

(b) in a newspaper published in and or circulating in Seychelles; and

(c) by being broadcast on Radio Seychelles,

and shall be served either—

(i) by sending it to the person named in the notice by registered post at his last known address, whether in or outside Seychelles; or

(ii) by serving it, in the manner provided for service of a summons in section 72, 73 or 74 on a person in Seychelles who has purported to be an agent of that person.

(3) A statement in writing by that court that a notice under subsection (2) was published on a specified day and served is conclusive evidence that subsections (1) and (2) were complied with and that the notice was so published and served.

89. Attachment of property.

(1) Where a notice under section 88 has been published and served, the court issuing the notice may at any time order the attachment of any property, whether movable or immovable, belonging to the person named in the notice (subject to such exceptions as the court considers necessary for the maintenance of any wife, children or dependant of that person).

(2) An order under subsection (1) authorises the attachment of all property, whether movable or immovable, belonging to that person in such manner as may be prescribed.

(3) The Chief Justice may make rules of court prescribing the manner of, and generally in relation to, the attachment of property under this section.

(4) If the property under attachment or part of that property is perishable or consists of livestock, the court may, if it thinks it expedient, order immediate disposal or sale of that property or part of that property, as the case may be.

(5) If the person named in a notice under section 88 does not appear within six months of the date of publication of the notice, the court may determine that such of the property under attachment as the court directs is placed at the disposal of the Government (subject to such exceptions as the court considers necessary for the maintenance of any wife, children or dependant of that person).

(6) Property under attachment placed at the disposal of the Government shall be disposed of in accordance with the instructions of the President and shall be disposed of in accordance with the instructions of the President and shall be sold or used or reserved for the public service.

(7) Where property is placed at the disposal of the Government in terms of this section, the person named in the notice is not entitled to an accounting or to compensation for its value.

90. Restoration of attached property.

(1) If the person named in a notice under section 88 appears voluntarily or is apprehended and brought before the court by whose order the property was attached and proves to his satisfaction of that court that—

(a) he was not out of Seychelles or unable to be found in Seychelles, as the case may be, for the purpose of avoiding execution of the warrant of arrest; and

(b) he did not have such notice of that notice as to enable him to appear within the time specified,

all his property under attachment together with the net proceeds of any of that property which has been sold shall be returned to the person named in the notice.

(2) All property under attachment not placed at the disposal of the Government under section 89(5), together with the net proceeds of any of that property which has been sold shall be—

(a) returned to the person named in the notice; or

(b) delivered to the Curator or another person named by the court as guardian, to be held for the benefit of the wife, children or named dependants of the person named in the notice.

(3) Any person whose application under this section for the delivery of property or the net proceeds of sale of that property has been rejected by the court may appeal and Part X (Appeals) shall apply to that appeal.

Miscellaneous provisions regarding processes

91. Power to take bond for appearance.

Where any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant is present in such court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such court.

92. Arrest for breach of bond.

When any person who is bound by any bond taken under this Code to appear before a court does not so appear, the officer presiding in such court may issue a warrant directing that such person be arrested and produced before him.

93. Power of court to order prisoner to be brought before it.

(1) When any person for whose appearance or arrest a court is empowered to issue a summons or warrant is confined in any prison, the court may issue an order to the officer in charge of such prison requiring him to bring such prisoner in proper custody, at a time to be named in the order, before such court.

(2) The officer so in charge, on receipt of such order, shall act in accordance therewith, and shall provide for the safe custody of the prisoner during his absence from the prison for the purpose aforesaid.

94. Provisions of this part generally applicable to summonses and warrants.

The provisions contained in this part relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.

SEARCH WARRANTS

95. Power to issue search warrants.

Where it is proved on oath to a judicial officer that in fact or according to reasonable suspicion anything upon, by or in respect of which an offence has been committed or anything which is necessary to the conduct of an investigation into any offence is in any building, ship, carriage, box, receptacle or place, the judicial officer may by warrant (called a search warrant) authorise a police officer or other person therein named to search the building, ship, carriage, box, receptacle or place (which shall be named or described in the warrant) for any such thing and, if anything search for be found, to seize it and carry it before a court to be dealt with according to law.

96. Execution of search warrant.

Every search warrant may be issued on any day (including Sunday) and may be executed on any day (including Sunday) between the hours of sunrise and sunset but the judicial officer may, by the warrant, in his discretion, authorise the police officer or other person to whom it is addressed to execute it at any hour.

97. Person in charge of closed place to allow ingress.

(1) Whenever any building or other place liable to search is closed, any person residing in or being in charge of such building or place, shall, on demand of the police officer or other person executing the search warrant, and on production of the warrant, allow him free ingress thereto and egress therefrom and afford all reasonable facilities for a search therein.

(2) If ingress into, or egress from, such building or other place cannot be obtained, the police officer or other person executing the search warrant may proceed in the manner prescribed by section 11 or 12.

(3) Where any person in or about such building or place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If such person is a woman the provisions of section 16 shall be observed.

98. Detention of property seized.

(1) When any such thing is seized and brought before a court, it may be detained until the conclusion of the case or the investigation, reasonable care being taken for its preservation.

(2) If any appeal is made, or if any person is committed for trial, the court may order it to be further detained for the purpose of the appeal or the trial.

(3) If no appeal is made, or if no person is committed for trial, the court shall direct such thing to be restored to the person from whom it was taken, unless the court sees fit and is authorised or required by law to dispose of it otherwise.

99. Provisions applicable to search warrants.

The provisions of section 80(1) and (3), 82, 83 and 86, shall, so far as may be, apply to all search warrants issued section 95.

PROVISIONS AS TO BAIL

100. Right to be released.

(1) Subject to this section, a person who is arrested without a warrant or detained pursuant to a written law which does not provide otherwise (in this section referred to as the “suspect”) shall be released within 24 hours of the arrest or detention unless—

(a) the suspect is produced before a court and the court has ordered that the suspect be remanded in custody; or

(b) the police officer who is in charge of the police station at which the suspect is held or, where the suspect is being held otherwise than at a police station, the police officer or other person holding the suspect has reasonable ground for believing that—

(i) it is necessary to continue holding the suspect to secure or preserve evidence relating to an offence for which the suspect is under arrest or detention or to obtain the evidence by questioning the suspect; and

(ii) an offence for which the suspect is under arrest or detention is a serious offence; and

it is not reasonably practicable, having regard to the distance from the place where the suspect is held to the nearest court, the non-availability of a judge or magistrate or force majeure, to produce the suspect before a court not later than 24 hours after the arrest or detention of the suspect.

(2) Where a suspect is held under subsection 1(b)—

(a) the police officer in charge of the police station at which the suspect is being held or, where the suspect is being held at a place other than a police station, the police officer or other person who is holding the suspect shall not more than 24 hours after the expiry of the first 24 hours after the arrest or detention of the suspect and thereafter not more than 24 hours after the last review if the conditions specified in the subsection are still being satisfied for the purpose of determining whether to continue holding the suspect; and

(b) the suspect shall, unless released earlier, be produced before a court as soon as is reasonably practicable.

(3) A police officer in charge of the police station at which the suspect is held or, where the suspect is held at a place other than a police station, the police officer or other person holding the suspect may, unless the suspect is being detained under any other written law, subject to the written law, release the suspect at any time before the expiry of the period of 24 hours on condition that the suspect appears before the court or such other place as may be specified in writing by the police officer or other person and may, for this purpose, require the suspect to execute a bond for a reasonable sum on the suspect own’s recognisance.

(4) A suspect who has been released under this section shall not be re-arrested without a warrant for the offence for which the suspect was previously arrested unless new evidence justifying a further arrest has come to light since the suspect was released.

(5) For the purposes of this section, “serious offence” means an offence punishable with a fine of R10,000 or imprisonment for a term of not less than three years or both such fine and term of imprisonment.

[S 100 rep and subs by s 2(g) of Act 15 of 1995 w.e.f. 12 February 1996.]

101. Remand by court.

(1) Subject to section 100, a police officer or other person who is holding a person without a warrant (in this section referred to as the “suspect”) may, where the police officer or other person has reasonable ground for believing that the holding of the suspect beyond the period specified in section 100 is necessary—

(a) produce the suspect before a court; and

(b) apply in writing to the court for the further holding of the suspect.

(2) An application under subsection (1) shall state—

(a) the nature of the offence for which the suspect has been arrested or detained;

(b) the general nature of the evidence on which the suspect was arrested or detained;

(c) what inquiries relating to the offence have been made by the police and what further inquiries are proposed by the police;

(d) the reasons for believing the continued holding of the suspect to be necessary for the purpose of any further inquiries, and

shall be supported by an affidavit.

(3) A court shall not hear an application under this section unless the suspect has been served with copy of the application.

(4) Where an application is made under subsection (1), the court shall release the suspect unconditionally or, where the court has reasonable ground for doing so, upon reasonable condition unless the court, having regard to the circumstances specified in subsection (5), determines that it is necessary to remand the suspect in custody.

(5) The circumstances referred to in subsections (4) and (7) are—

(a) where the court is a magistrate’s court, the offence for which the suspect was arrested or is being detained is treason or murder;

(b) the seriousness of the offence for which the suspect was arrested or is being detained;

(c) there are substantial grounds for believing that the suspect will fail to appear for trial or will interfere with witnesses or will otherwise obstruct the course of justice or will commit an offence while on release;

(d) there is a necessity to keep the suspect in custody for the suspect’s own protection or, where the suspect is a minor, for the suspect’s welfare;

(e) the suspect is serving a custodial sentence;

(f) the suspect has been arrested pursuant to a previous breach of condition of release for the same offence.

(6) Subject to this section, where a court makes an order under subsection (1) for the remand in custody of a suspect, the period of remand shall not exceed 15 days.

[S 101(6) am by s 2(a)(i) of Act 17 of 2008 w.e.f. 25 August 2008.]

(7) The police officer or other person holding a suspect in respect of which an order for remand was made by a court under this section may, where the police officer or other person has reasonable ground for so doing, at any time before the expiry of the period of remand, apply to a court for further periods of extension of the remand but the court shall not grant an extension unless, having regard to the circumstances specified in subsection (5), the court determines that it is necessary to grant the extension and the periods of extension granted under this subsection shall not, together with the period for which the suspect was first remanded in custody, exceed in aggregate 30 days.

[S 101(7) am by s 2(a)(ii) of Act 17 of 2008 w.e.f. 25 August 2008.]

(8) The reasonable conditions referred to in subsection (4) are reasonable conditions necessary to secure that the suspect—

(a) does not, while on release, commit an offence or interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person;

(b) is available for the purposes of enabling inquiries or a report to be made to assist the court in dealing with the offence of which the suspect is accused;

(c) appears at a later date at the time and place required in connection with proceedings preliminary to a trial or with the trial of the offence or for the purpose of assisting the police with their inquiries.

(9) A court may, under subsection (4) for the purpose of ensuring that the suspect attends at the time and place under subsection (8)(c), require the suspect—

(a) to execute a bond for such reasonable amount as the court thinks necessary in the circumstances; and

(b) to provide one or more suitable sureties for the bond.

(10) A suspect who has been released by a court under this section shall not be re-arrested without a warrant for the offence for which the suspect was previously arrested unless new evidence justifying a further arrest has come to light since the suspect was released.

[S 101 rep and subs by s 2(g) of Act 15 of 1995 w.e.f. 12 February 1996.]

102. Discharge from custody of person bailed.

(1) As soon as the bond has been executed the person for whose appearance it has been executed shall be released, and when he is in prison the court admitting him to bail shall issue an order of release to the officer in charge of the prison, and such officer on receipt of the order shall release him.

(2) Nothing in this section or in section 100 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

103. Deposit instead of recognisance.

When any person is required by any court or officer to execute a bond, with or without sureties, such court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money of such amount as the court or officer may fix in lieu of executing such a bond.

104. Power to order sufficient bail when bail first taken is insufficient.

If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and on his failing so to do may commit him to prison.

105. Discharge of sureties.

(1) All of any of the sureties for the appearance and attendance of a person released on bail may at any time apply to a court to discharge the bond either wholly or so far as it relates to the applicant or applicants.

(2) On such application being made the court shall issue a warrant of arrest directing that the person so released be brought before it.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the court shall direct the bond to be discharged either wholly or so far as it relates to the applicant or applicants and shall call upon such person to find other sufficient sureties, and if he fails to do so may commit him to prison.

106. Death of surety.

Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond, but the party who gave the bond may be required to find a new surety.

107. Person bound by recognisance absconding may be committed.

If it is made to appear to any court, by information on oath that any person bound by recognisance is about to leave Seychelles, the court may cause him to be arrested and may commit him to prison until the trial, unless the court shall see fit to admit him to bail upon further recognisance.

108. Forfeiture of recognisance.

(1) Whenever it is proved to the satisfaction of a court by which a recognisance under this Code has been taken, or when the recognisance if for appearance before a court, to the satisfaction of such court, that such recognisance has been forfeited, the court shall record the grounds of such proof, and call upon any person bound by such recognisance to pay the penalty thereof, or to show cause why it should not be paid.

(2) If sufficient cause is not shown and the penalty is not paid, the court may proceed to recover the same by issuing a warrant for the attachment and sale of the movable property belonging to such person, of his estate if he be dead.

(3) Such warrant may be executed by the attachment and sale of such property wherever found in Seychelles.

(4) If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the court which issued the warrant, to imprisonment for a term not exceeding six months.

(5) The court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.

(6) When any person who has furnished security is convicted of an offence the commission of which constitutes a breach of the conditions of his recognisance, a certified copy of the judgement of the court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and if such certified copy is so used the court shall presume that such offence was committed by him unless the contrary is proved.

109. Appeal from and revision of orders.

All orders made under section 108 by any Magistrate shall be appealable to and may be revised by the Supreme Court.

110. Power to direct levy of amount due on certain recognisances.

The Supreme Court may direct any Magistrate to levy the amount due on a recognisance to appear and attend at the Supreme Court.

CHARGES AND INFORMATIONS

111. Offences to be specified in charge or information with necessary particulars.

Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.

112. Joinder of counts in a charge or information.

(1) Any offences, whether felonies or misdemeanours, may be charged together in the same charge or information if the offences charged are founded on the same facts or from, or are a part of, a series of offences of the same or similar character.

(2) Where more than one offence is charged in a charge or information, a description of each offence so charged shall be set out in a separate paragraph of the charge or information called a count.

(3) Where, before trial, or at any stage of a trial, the court is of opinion that a person accused may be embarrassed in his defence by reason of being charged with more than one offence in the same charge or information, or that for any other reason it is desirable to direct that the person should be tried separately for any one or more offences charged in a charge or information, the court may order a separate trial of any count or counts of such charge or information.

113. Joinder of two or more accused in one charge or information.

The following persons may be joined in one charge or information and may be tried together namely—

(a) persons accused of the same offence committed in the course of the same transaction;

(b) persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence;

(c) persons accused of more offences than one of the same kind (that is to say, offences punishable with the same amount of punishment under the same section of the Penal Code or of any other written law) committed by them jointly within a period of twelve months;

(d) persons accused of different offences committed in the course of the same transaction;

(e) persons accused of any offence under Chapter XXVI to XXX of the Penal Code and persons accused of receiving or retaining property, possession of which is alleged to have been transferred by any such offence committed by the first named persons, or of abetment or attempting to commit either of such last-named offences;

(f) persons accused of any offence relating to counterfeit coin under Chapter XXXVI of the Penal Code and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment or of attempting to commit any such offence.

114. Rules for the framing of charges and informations.

The following provisions shall apply to all charges and informations and, notwithstanding any rule of law or practice, a charge or an information shall, subject to the provisions of this Code, not be open to objection in respect of its form or contents if it is framed in accordance with the provisions of this Code—

(a) Mode in which offences are to be charged

(i) A count of a charge or an information shall commence with a statement of the offence charged, called the statement of offence;

(ii) the statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by enactment, shall contain a reference to the section of the enactment creating the offence;

(iii) after the statement of the offence, particulars of such offences shall be set out in ordinary language, in which the use of technical terms shall not be necessary:

Provided that where any rule of law or any Act limits the particulars of an offence which are required to be given in a charge or an information, nothing in this paragraph shall require any more particulars to be given than those so required;

(iv) the forms set out in the fourth schedule to this Code or forms conforming thereto as nearly as may be shall be used in cases to which they are applicable, and in other cases forms to the like effect of conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case;

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