Is the statement from South African law of delict true or false: Once the police have arrested a person, they have an ongoing duty to reconsider the lawfulness of the arrest should... Is the statement from South African law of delict true or false: Once the police have arrested a person, they have an ongoing duty to reconsider the lawfulness of the arrest should they subsequently receive sufficient information to conclude that the arrested person is innocent?
Understand the Problem
The question is asking whether the statement about South African law of delict regarding the police's duty to reconsider the lawfulness of an arrest upon receiving new information is true or false. It involves understanding legal principles related to arrest and human rights.
Answer
True.
The statement is true.
Answer for screen readers
The statement is true.
More Information
In South African law, the police have the duty to ensure that the arrest remains lawful. If the police receive sufficient information indicating that the arrested individual is innocent, they must reconsider the lawfulness of the arrest. This principle is in line with the rights of individuals to challenge the lawfulness of their arrest.
Tips
One common mistake is assuming that the arrest procedure ends once the individual is detained. However, the lawfulness of continued detention must be constantly reviewed.
Sources
- Custom Report Excerpts - State Department - state.gov
