s 256A Failure by person released to comply with condition of release order, etc.
256A.—(1) This section applies to any person who has been released pursuant to an order under section 249(2) or (9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b).(2) Any police officer may, without a warrant, arrest a person mentioned in subsection (1) who is reasonably suspected —(a) to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person; and (b) to be dangerous to himself or any other person by reason of mental disorder. (3) The Minister, or a visitor of a psychiatric institution, may apply to a court for a warrant of arrest to be issued against a person mentioned in subsection (1) who is reasonably suspected to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person. (4) Sections 67 and 68 do not apply to a person arrested under subsection (2). (5) Where a person is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the person must, as soon as practicable, be produced before a Magistrate’s Court. (6) A police officer must not detain in custody a person who has been arrested under subsection (2) for a longer period than under all the circumstances of the case is reasonable. (7) The period mentioned in subsection (6) must not exceed 24 hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. (8) Where a person who has been released pursuant to an order under section 249(2) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3) —(a) if the Magistrate’s Court finds that the person has failed, without reasonable excuse, to comply with any condition of the order that is imposed on the person, the Magistrate’s Court must act in accordance with section 249(7) and (8); and (b) unless the Magistrate’s Court makes a finding mentioned in paragraph (a) — the Magistrate’s Court must release the person. (9) Where a person who has been released pursuant to an order under section 249(9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the Magistrate’s Court must —(a) order that the person be remanded in a psychiatric institution, a prison or any other suitable place of safe custody pending the making of another order by the Minister under section 249(9)(b) or (c)(i) or (ii), 252(6)(a) or (b) or 255(1)(b) or (8)(b) (as the case may be); and (b) report the case to the Minister.[Act 19 of 2018 wef 15/11/2022] —(1) This section applies to any person who has been released pursuant to an order under section 249(2) or (9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b). (2) Any police officer may, without a warrant, arrest a person mentioned in subsection (1) who is reasonably suspected —(a) to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person; and (b) to be dangerous to himself or any other person by reason of mental disorder. (3) The Minister, or a visitor of a psychiatric institution, may apply to a court for a warrant of arrest to be issued against a person mentioned in subsection (1) who is reasonably suspected to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person. (4) Sections 67 and 68 do not apply to a person arrested under subsection (2). (5) Where a person is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the person must, as soon as practicable, be produced before a Magistrate’s Court. (6) A police officer must not detain in custody a person who has been arrested under subsection (2) for a longer period than under all the circumstances of the case is reasonable. (7) The period mentioned in subsection (6) must not exceed 24 hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. (8) Where a person who has been released pursuant to an order under section 249(2) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3) —(a) if the Magistrate’s Court finds that the person has failed, without reasonable excuse, to comply with any condition of the order that is imposed on the person, the Magistrate’s Court must act in accordance with section 249(7) and (8); and (b) unless the Magistrate’s Court makes a finding mentioned in paragraph (a) — the Magistrate’s Court must release the person. (9) Where a person who has been released pursuant to an order under section 249(9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the Magistrate’s Court must —(a) order that the person be remanded in a psychiatric institution, a prison or any other suitable place of safe custody pending the making of another order by the Minister under section 249(9)(b) or (c)(i) or (ii), 252(6)(a) or (b) or 255(1)(b) or (8)(b) (as the case may be); and (b) report the case to the Minister.[Act 19 of 2018 wef 15/11/2022]