Criminal Law Question of the Week

Facts:

There is a problem neighbour in a complex. That problem neighbour then intentionally breaks a neighbour’s window in a complex using a broom and it is witnessed by two other people. The Police are called to the scene and this problem neighbour then runs into his unit and locks the door. The Police knock on the door and ask to speak to this problem neighbour but he refuses to open the door.

Questions:

1. Are the police allowed to arrest this problem person for breaking the window?

2. Are the police allowed to forcefully enter the premises to effect the arrest?

Answers:

1. In terms of Section 40(1)(b) of the Criminal Procedure Act 51 of 1977:- A peace officer without a warrant may arrest any person whom he reasonably suspects of having committed an offence referred to in Schedule 1, other than the offence of escaping from lawful custody. A Peace office is also known as the Police. The act of breaking the window is known as Malicious Injury to Property and is a schedule 1 offence. Thereby the police are empowered to do the arrest even without the warrant.

In terms of Section 48 of the Criminal Procedure Act 51 of 1977:- Breaking open premises for the purpose of an Arrest. Any person who may lawfully arrest another in respect of any offence and who knows or reasonably suspects such other person to be on any premises, may if he first audibly demands entry into such premises and notifies the purpose for which he seeks entry and fails to gain entry, break open, enter and search such premises for the purpose of effecting the arrest. Thereby the police member must shout to the person inside advising that he requires entry into the premises to arrest the person who broke the window. If the person hiding in the property refuses to open the door, the police may break down the door and then arrest the person.