| (a) | who commits or attempts to commit any offence in his presence; |
| (b) | whom he reasonably suspects of having committed an offence referred to in Schedule 1, other than the offence of escaping from lawful custody; |
| (c) | who has escaped or who attempts to escape from lawful custody; |
| (d) | who has in his possession any implement of housebreaking or carbreaking as contemplated in section 82 of the General Law Third Amendment Act, 1993, and who is unable to account for such possession to the satisfaction of the peace officer; |
[Section 40(1)(d) substituted by section 41 of Act No. 129 of 1993]
| (e) | who is found in possession of anything which the peace officer reasonably suspects to be stolen property or property dishonestly obtained, and whom the peace officer reasonably suspects of having committed an offence with respect to such thing; |
| (f) | who is found at any place by night in circumstances which afford reasonable grounds for believing that such person has committed or is about to commit an offence; |
| (g) | who is reasonably suspected of being or having been in unlawful possession of stock or produce as defined in any law relating to the theft of stock or produce; |
| (h) | who is reasonably suspected of committing or of having committed an offence under any law governing the making, supply, possession or conveyance of intoxicating liquor or of dependence-producing drugs or the possession or disposal of arms or ammunition; |
| (i) | who is found in any gambling house or at any gambling table in contravention of any law relating to the prevention or suppression of gambling or games of chance; |
| (j) | who wilfully obstructs him in the execution of his duty; |
| (k) | who has been concerned in or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists that he has been concerned in any act committed outside the Republic which, if committed in the Republic, would have been punishable as an offence, and for which he is, under any law relating to extradition or fugitive offenders, liable to be arrested or detained in custody in the Republic; |
| (l) | who is reasonably suspected of being a prohibited immigrant in the Republic in contravention of any law regulating entry into or residence in the Republic; |
| (m) | who is reasonably suspected of being a deserter from the South African National Defence Force; |
[Section 40(1)(m) substituted by section 4 of Act No. 18 of 1996]
| (n) | who is reasonably suspected of having failed to observe any condition imposed in postponing the passing of sentence or in suspending the operation of any sentence under this Act; |
| (o) | who is reasonably suspected of having failed to pay any fine or part thereof on the date fixed by order of court under this Act; |
| (p) | who fails to surrender himself in order that he may undergo periodical imprisonment when and where he is required to do so under an order of court or any law relating to prisons; |
| (q) | who is reasonably suspected of having committed an act of domestic violence as contemplated in section (1) of the Domestic Violence Act, 1998, which constitutes an offence in respect of which violence is an element. |
[Section 40(1)(q) inserted by section 20 of Act No. 116 of 1998]
| (2) | If a person may be arrested under any law without warrant and subject to conditions or the existence of circumstances set out in that law, any peace officer may without warrant arrest such person subject to such conditions or circumstances. |
