authorised in writing by a legal practitioner; and S. 93(b) (b) the order is endorsed, in the presence of the amended by sheriff, deputy sheriff or other officer, with No. 35/1996 the name and place of residence of the legal s. 453(Sch. 1 item 80.10). practitioner by the legal practitioner, clerk or agent delivering it. No. 6387 94 Execution on a Sunday s. 133. An order to arrest may be made or executed on a Sunday. 95 Privilege from arrest No. 6387 s. 134. A person is not subject to arrest under an order to arrest if that person is, by reason of any privilege, usage or otherwise, by law exempt from arrest. No. 6387 96 Misdescription of defendant s. 135. If the defendant is described in the originating process or an order to arrest by— (a) initials; or (b) a wrong name; or (c) a name other than the defendant's full name— the defendant must not, for that reason, be discharged out of custody if it appears to the Court that due diligence has been used to obtain knowledge of the defendant's proper name. No. 6387 97 Costs s. 138. (1) Unless otherwise ordered, the costs of and incidental to an order to arrest are costs in the proceeding. (2) In all proceedings under this Division the Court may make such order as to costs as it thinks fit.
authorised in writing by a legal practitioner; and S. 93(b) amended by No. 35/1996 s. 453(Sch. 1 item 80.10). (b) the order is endorsed, in the presence of the sheriff, deputy sheriff or other officer, with the name and place of residence of the legal practitioner by the legal practitioner, clerk or agent delivering it. No. 6387 s. 133. 94 Execution on a Sunday An order to arrest may be made or executed on a Sunday. No. 6387 s. 134. 95 Privilege from arrest A person is not subject to arrest under an order to arrest if that person is, by reason of any privilege, usage or otherwise, by law exempt from arrest. No. 6387 s. 135. 96 Misdescription of defendant If the defendant is described in the originating process or an order to arrest by— (a) initials; or (b) a wrong name; or (c) a name other than the defendant's full name— the defendant must not, for that reason, be discharged out of custody if it appears to the Court that due diligence has been used to obtain knowledge of the defendant's proper name. No. 6387 s. 138. 97 Costs (1) Unless otherwise ordered, the costs of and incidental to an order to arrest are costs in the proceeding. (2) In all proceedings under this Division the Court may make such order as to costs as it thinks fit.