Section 21C
Surrender of travel document. [S 59/2007]
(1)
A magistrate may, on the application of the Director or the
Public Prosecutor, by written notice require any person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him against this Act to surrender to the Director any travel document in his possession.
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(2)
A notice under subsection (1) shall be served personally on the person to whom it is addressed.
(3)
A person on whom a notice under subsection (1) is served shall comply with such notice forthwith.
(4)
If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith, he may thereupon be arrested and taken before a magistrate.
(5)
Where a person is taken before a magistrate under subsection (4), the magistrate shall, unless such person thereupon complies with the notice under subsection (1) or satisfies the magistrate that he does not possess a travel document, by warrant commit him to prison to be safely kept there until —
(a)
the expiry of the period of 28 days from the date of such committal to prison; or
(b)
such person complies with the notice under subsection (1)
and a magistrate, by order in that behalf, has directed the
Superintendent of Prisons to discharge such person from prison
(which order shall be sufficient authority for the Superintendent of
Prisons so to do), whichever occurs first.
(6)
A travel document which is surrendered to the Director under this section may be detained for 6 months from the date on which it was surrendered and may be detained for a further 6 months thereafter if a magistrate, on application by the Director or the Public Prosecutor, is satisfied that the investigation could not reasonably be completed before the date of such application and authorises such further detention.
(7)
All proceedings before a magistrate under this section shall be in chambers.
(8)
In this section, “travel document” means a passport or other document establishing the identity or nationality of the holder.
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Power of arrest.