Arrest and Detention

Question 1

What are the 4 reasons for a constable making an arrest without warrant under Section 24 (1)?

Answer 1

a) Anyone who is about to commit an offence.

b) Anyone who is in the act of committing an offence.

c) Anyone they have reasonable grounds for suspecting to be about to commit an offence.

d) Anyone they have reasonable grounds for suspecting to be committing an offence.

Question 2

What is Section 24 (2)

Answer 2

If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.

Question 3

Under Section 24 (3) - If an offence has been committed, a constable may arrest without warrant: What are A and B?

Answer 3

a) Anyone who is guilty of the offence

b) Anyone whom he has reasonable grounds for suspecting to be guilty of it.

Question 4

Under Section 24A, when is the power of arrest exercisable?
The person making the arrest has reasonable grounds for believing that it is necessary to arrest the person for any of the below reasons relating to an indictable offence:

Answer 4

• Loss or damage to property, or;
• Making off before a constable can assume responsibility, or;
• Physical injury being caused to self or another, or;
• Suffering physical injury, AND
• It appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead

Question 5

Under Section 32, when may a constable search a person who’s been arrested at a place other than a police station?

Answer 5

• If the constable has reasonable grounds for believing the arrested person may present a danger to themselves or others, or;
• Have concealed on them anything they might use to assist them to:
  a) Escape from lawful custody, or;
  b) Have concealed on them anything that might be evidence relating to an offence

Question 6

Under Section 17, when may a constable enter and search a premises?

Answer 6

• For the purpose of executing a commitment warrant or a warrant issued arising from criminal prosecution
• To arrest a person for an indictable offence
• Arrest for an offence which is specified in an act
• Arrest a child or young person who has been remanded or committed to local authority accommodation
• Recapture a person who has escaped from lawful detention
• Recapture a person who is unlawfully at large and you are pursuing
• Saving life and limb or preventing serious damage to property

Question 7

Under Section 18 (1): When may a constable enter & search a premises?

Answer 7

• A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence other than items subject to legal privilege, that relates:

a) To that offence, or;
b) To some other indictable offence which is connected with or similar to that offence.

Question 8

Under Section 18 (2): What may a constable do?

Answer 8

A constable may seize and retain anything found

Question 9

Section 18 (5): When may a constable conduct a search under subsection (1)?

Answer 9

A constable may conduct a search under subsection (1):

• Before the person is taken to a police station or released on bail under Section 30A; and

-Without obtaining an inspectors authorisation if the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence