87 Arrest and charge
87 Arrest and charge

(1)     Where section 85 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—

(a)     a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the commission by that person of that offence, and

(b)     that person may not be arrested for that offence except under a warrant so issued.

(2)     Subsection (1) does not affect section 89(3)(b) or 91(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.

(3)     Part 4 of the 1984 Act (detention) applies as follows where a person—

(a)     is arrested for an offence under a warrant issued in accordance with subsection (1)(a), or

(b)     having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence.