Before understanding the legal consequences of evading arrest, it is important to understand what arrest means. The simple meaning of arrest is to seize someone’s legal authority and take them into custody.
The arrest is the process whereby suspected persons accused of having committed an offence are brought before the police, as the first port of interrogation, preparatory to arraignment before a court of law. A court may also issue a warrant for the arrest of an accused person or a person suspected of having committed an offence.
The arrest is an important means, through which the criminal justice system is activated, persons suspected of having committed an offence, are under a legal duty to submit or surrender to persons lawfully authorized to effect their arrest. Where offenders or suspected felons evade arrest with impunity, the criminal justice system will be rendered impotent. This justifies the criminalization of acts capable of hampering arrest or encouraging the escape of those in lawful custody.
What does it mean to resist arrest and its Consequences?
To resist arrest simply means to evade a lawful arrest. It should be noted that a public summon may be issued by a judge or magistrate under the ACJA, where there is evidence showing that a person against whom a warrant of arrest was issued has absconded or is concealing himself to evade service.
The judge may publish a public summon in writing requiring the person to appear at a specific date & time within 30 days from the date of publication. See Section 67 CPCL & Sec 41 ACJA,2015.
Public Summon is executed by;
Reading it orally in a conspicuous part of the town or village where the alleged offender resides e.g town hall, market square.
Pasting of summoning on a conspicuous part of the alleged offender’s residence house.
By affixing it to a conspicuous part of the high court or magistrate court building such as a door it notices the board.
In conclusion, when arrested, never act contrary to the law, and ask for the reason for the arrest. Go to the station and inform a legal practitioner immediately. They are best at handling cases like this with the police.
Enebeli Goodluck LLB(Hons) can be reached via Instagram @blacklawyerseries for more legal tips.