Arrest - Good Faith/ Reasonable Grounds

Question 1

what is s461 CA

Answer 1

1. apprehension of person under 458/9 - shall not be considered to be unlawful if the person did not commit the crime
2. PO does not have to -take crook into custody or -take before BJ or -take Mag when PO BORG proceedings can be just as effective by way of Summ.

Question 2

What is the other specifics does s461 have

Answer 2

1. Does not require that the alleged offence to be proved right there and then -only that the alleged offence was committed BORG
   * Located cannabis on a crook can also charge for use -even though I did not see him use it. The fact that he was in possession of it is BORG that he was using it.

Question 3

describe “good faith arrest”

Answer 3

1) That PO acting in the execution of his duty by arresting a crook and taking to p/station, crook will respond more truthfully. -In doing so PO is not subject to civil litigation

Question 4

Describe Reasonable Grounds used by PO Give case law example

Answer 4

1) Existence of facts -sufficient to induce the state of mind -

in George V Rockett (1990) High Court held “it has to be more then a mere idle wondering…it is a positive feeling of actual apprehension or mistrust

Crook drives past me at afros, my state of mind believed he had committed a traffic offence therefore my actions are justified in intercepting this vehicle.

Question 5

how does the court assess RG by PO to justify arrest

Answer 5

1) PO asserts he had RG to arrest
2) Reasonable person were to be given the same information in the same circumstance would form the same opinion RG can be formed on

> information

> observation received.

Question 6

what is s462 of CA

Answer 6

1) definition of “finds committing” -

PO has found him doing or has reasonable belief created by the crook’s behaviour and conduct that he is guilty of an offence.

Question 7

Give a case law example of s462

Answer 7

1) DeMoor V Davies (1999) crook trying obtain 3x transactions unlawfully

Question 8

What are the 4 factors to consider for the public if determining an arrest is legitimate

Answer 8

1. PO does not require evidence establishing a Prima facie case to activate arrest power.
2. Hearsay info maybe used to form Reasonable belief.
3. Info use must be in possession of arresting PO.
4. Discretion to arrest resides with the PO