Lex Harris

ARREST UNDER THE CAMEROON CRIMINAL PROCEDURE CODE.

Arrest as per the provisions of Section 30 of Law No 2005/007 of 27th July 2005 governing the Cameroon criminal procedure Code defines arrest as, the act of apprehending someone for the purpose of bringing him/her before the lawful authority authority stated in the warrant.

The main and general rule governing arrest ensures that anyone carrying out an arrest must be in possession of an arrest warrant, which is an order by the State counsel, requesting a judicial police officer to arrest a defendant, an accused or a convict (N.B they all means different things) and bring him before a particular judicial authority, as per section 18 of the CPC.
An exception to the warrant can also arise in situations where crimes are committed flagrant delicto ( caught in the act of commission or just from commission).
any individual can thus arrest anyone caught commiting a felonious offence or a misdemeanor and take the offender before the State counsel.

As for the procedure of arrest, Section 31of the CPC ensures that, anyone carrying out an arrest must disclose his/her identity, and the reason for such an arrest which most times is always stated in the warrant. They must also allow any person to accompany him/her to the place where the arrested person is to be taken to, if he/she demands so.

Once that is done, they arresting officer shall order the person to follow him, and any refusal can permit the officer to use reasonable force on the person as per Section 310(1) of the CPC.

So let's reflect on the case of Blanche Bailey, it's true there is police brutality everywhere but it is necessary to sensitize the public and the military core on the legal procedures needed in ex*****on of their functions, because ignorance is no excuse before the law.


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