Arrest Flashcards
What is arrest?
- “You are under arrest for..”
- Could put hand on should however may not be sensible if dangerous
- Explain why they have been arrested (Section 316 Crimes Act 1961 - Duty of Persons Arresting)
Police Related Sections
Section 21
Section 22
Section 23
Section 24
Statutory Powers to Search
Search and surveillance Act 2012
Section 27 = Offences weapon
Section 21 + 22 = Drugs
Section 18 = Arms
Section 21
Search and Seize
Every person should be secure against unreasonable search and seizure of their persons, property or corrospondence
Section 22
Arbitrary/random arrest or detainment
Everyone is protected from arbitrary/random arrest
Section 23
Caution Rights is arrested/detained
People arrested or detained under any enactment have rights and must be informed of those rights
Section 24
Charged
People charged with an offence have certain rights and must be informed of those rights
Bill of Rights
Freedom of speech
Freedom to practice religion
Right to vote
Right to protest
Section 9
Right not to be subjected to torture
Detention/detainment examples
1K: Detox 12 hrs drunk
1M: Mental health - back to station
Crimes Act 1961 Section 315 (2) (a)
Arrest without warrant
Have to see it/find to arrest
Crimes Act 1961 Section 315 (2) (b)
Arrest without warrant
GOOD CAUSE to believe they have offended
Summary Offences Act 1981 Section 39 (1)
Arrest
Without warrant
GOOD CAUSE to believe they have offended
(Except: Section 17-20, 25, 32-38)
Summary of Offences Act 1981 Section 39 (2)
SEE + REFUSE to give details to be able to arrest
(Only: Section 17-20, 25, 32-38)
ie. 32 (2) - See someone urinating in public, when you ask for details they say fuck off, you warn, they say nah fuck you - then you arrest
