Police are warning the public about a recent spate of spam emails which contain misleading information pertaining to fines and arrests for traffic violations. Here's what you need to know.
Police are warning the public about a recent spate of spam emails which contain misleading information pertaining to fines and arrests for traffic violations. Here's what you need to know.
The email states that traffic officials may only arrest you if they have the original warrant for your arrest, they must prove that you received the summons in person and they must provide a warrant for your arrest and proof that you received the summons at the time of the arrest.
“This information is false, and consumers need to be aware of their rights, as well as the rights of an officer of the law when arresting a motorist,” says Gary Ronald, Head of Public Affairs at the Automobile Association.
“Before an arrest is effected, motorists have the right to demand to see a copy of the warrant for their arrest, but the officer is not required to produce the original warrant of arrest,” says Ronald.
He goes on to say that there are no requirements from an officer of the law to supply the person being arrested with a summons or proof that the person received the summons.
A summons is a document issued by the court specifying a date and time for the accused person to appear in court.
If the accused does not attend the court session, a warrant of arrest is then issued. Section 54 of the Criminal Procedure Act also clearly states that should it not be possible to serve a summons to the accused, it can be served at the accused’s residence or place of employment, provided the person is over the age of 16.
The law does not provide for the service of summons by post, and it must be served by a person empowered to serve such summons in criminal proceedings.
Should a motorist be accused and an officer of the law threatens to make an arrest, it is within your rights to demand to see a copy of the warrant of your arrest.
An arrest without a warrant is therefore unlawful and a person has a civil right to claim compensation for such an act.
