Is it true that traffic officials can arrest you for outstanding fines only if they have the original warrant of arrest and can prove you received the summons? - CM

Gary Ronald, head of public affairs at the Automobile Association:

There has been a spate of spam e-mails recently about police arresting people for outstanding fines and urging motorists to know their rights. This information is false, but consumers need to be aware of their rights, as well as the rights of an officer of the law when arresting a motorist.

Before an arrest is made, motorists have the right to demand to see a copy of the warrant for their arrest, but the officer is not required to produce the original warrant.

There is no requirement for an officer of the law to supply the person being arrested with a summons, or proof that the person received the summons. A summons is a document issued by the court specifying a date and time for an accused person to attend court. If the accused does not attend the court session, a warrant of arrest is then issued.

Section 54 of the Criminal Procedure Act also clearly states that should it not be possible to serve summons on the accused, it can be served on the accused's residence or place of employment to a person over the age of 16.

The law does not provide for service of summons by post, and it must be served by a person empowered to serve such summons in criminal proceedings.

Should a motorist be accused and an officer of the law threatens to make an arrest, it is within the motorist's rights to demand to see a copy of the warrant of arrest. An arrest without a warrant is unlawful and a person has a civil right to claim compensation for such an act.

One cannot, however, "press charges" in this instance as this terminology refers to a criminal process; your civil right to claim compensation is your recourse in such an instance.

To ensure the law works for you, you must know your rights and what recourse you have.

Section 39 of the Criminal Procedure Act states the following about the arrest of a motorist:

• That an arrest shall be effected with or without a warrant and, unless the person to be arrested submits to custody, by actually touching his body or, if the circumstances so require, by forcibly confining his body.

• The person affecting an arrest shall, at the time of effecting the arrest or immediately after effecting the arrest, inform the arrested person of the cause of the arrest or, in the case of an arrest effected by virtue of a warrant, upon demand of the person arrested hand him a copy of the warrant.

• The effect of an arrest shall be that the person arrested shall be in lawful custody and that he shall be detained in custody until he is lawfully discharged or released from custody.