Acts Online
GT Shield

Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Regulations

Criminal Law (Sexual Offences and Related Matters) Regulations

Part I : Regulations on Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged Sex Offenders under Section 39 of the Act

10. Warrant of Arrest

 

(1) The investigating officer may, if the alleged offender is not being detained, and—
(a) there is reason to believe that he or she may avoid compliance with an order contemplated in section 31(3) or 32(3) of the Act, at the same time an application referred to in regulation 3 or 6 is brought, apply to the magistrate who considers the application; or
(b) has avoided compliance with an order referred to in regulation 3 or 6, apply to the magistrate who issued the said order, to issue a warrant for the arrest of the alleged offender to collect blood specimens from him or her for HIV tests.

 

(2) If the magistrate who issued the order for the compulsory HIV testing of an alleged offender is not available or able to consider such application, the application may be considered by any other magistrate.

 

(3) The application must correspond substantially with Form 9 in Annexure A.

 

(4) The warrant of arrest contemplated in section 33(3) of the Act must correspond substantially with Form 10 in Annexure A.

 

(5) The investigating officer must—
(a) when arresting the alleged offender, take reasonable steps to verify the identity of the alleged offender;
(b) take the alleged offender without any delay after arresting him or her to a medical practitioner or nurse contemplated in section 33(1)(a) of the Act for the taking of blood specimens; and
(c) release the alleged offender, if he or she was arrested in terms of a warrant referred to in section 33(3) of the Act, as soon as the specimens have been taken.