Arrest Powers Flashcards
Can officers arrest somebody for ‘Breach of the peace’?
Yes - Common Law
What is the purpose of arresting somebody for “Breaching the Peace”?
For the purpose of removing that person from the situation only. Generally no further action taken
What is an example for arresting somebody for “Breach of the Peace”?
An intoxicated Australian football supporter decides to sit amongst English supporters and try to goad them into a fight.
Police may remove the supporter if they believe that a fight will start if they don’t. He/she is removed and then released. No further action is needed or taken
An intoxicated Australian football supporter decides to sit amongst English supporters and try to goad them into a fight.
Police may remove the supporter if they believe that a fight will start if they don’t. He/she is removed and then released. No further action is needed or taken”
What powers can police use to diffuse the situation?
Police may place the person under arrest for “Breach of the Peace” - Common Law
Apart from LEPRA s 99 - what other arrest powers do police have?
- Arrest by specific power other than LEPRA i.e. Bail Act or Road Transport Act
- Arrest by virtue of warrant
- Arrest for Breach of the Peace
Can police discontinue an arrest?
Yes - at any time
LEPRA - s 105
What does LEPRA s 105 cover?
Arrests may be discontinued
Why would police discontinue an arrest?
the arrested person is no longer a suspect or the reason for the arrest no longer exists
or
police believe there is a more appropriate way to deal with the situation (i.e. warning, FPN, FCAN)
What legislation allows you to arrest somebody by virtue of a warrant?
LEPRA 2002 (NSW) s 101 - Power to arrest with warrant
LEPRA 2002 (NSW) s 101 - Power to arrest with warrant
T/F - The police officer must have the warrant with them when arresting the person
False - s 101 (2)
“The police officer may take action whether or not the warrant is in his or her possession”
LEPRA 2002 (NSW) s 101 - Power to arrest with warrant
T/F - The police officer does not need the warrant with them when arresting the person
True - s 101 (2)
“The police officer may take action whether or not the warrant is in his or her possession”
What is an example of “Arrest for a specified power other than LEPRA”?
- An arrest under the Bail Act 2013 (NSW) where a person has breached a bail condition
- An arrest under the Road Transport Act 2013 (NSW) where a person has failed a roadside breath test
What are some alternatives to arrest?
- warning
- caution
- penalty notice
- field or future service CAN, or
- in the case of a child, dealing with the matter under the Young Offenders Act 1997 (NSW)
What legislation covers “Use of force in making an arrest”?
s 231 - LEPRA 2002 (NSW)
What does s 231 - LEPRA 2002 (NSW) cover?
Use of force in making an arrest
How much force can police use to effect an arrest?
Use as much force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest
What legislation covers “Use of force generally”?
s 230 - LEPRA 2002 (NSW)
What does s 230 - LEPRA 2002 (NSW) cover?
Use of force generally by police officers
Is it lawful for somebody assisting police to use force?
Yes - s 230 - LEPRA 2002 (NSW)
What constitutes the act of arresting?
Seizure or touching of somebody - Seizure or touching of a person’s body with a view to his/her arrest
Submission - Seizure or touching of a person’s body with a view to his/her arrest
Officer states in terms that they are arresting the suspect and the suspect submits to the authority of the officer
Words or conduct -Words or conduct by the police officer make it clear the person is not free to go
What is “reasonable suspicion”?
> does not amount to belief
is more than a mere idle wondering whether it exists or not
involves less than a reasonable belief, but more than a possibility,
i.e., “I suspect but I cannot prove”
does not have to be based on your own observations but can be formed using inadmissible evidence i.e. hearsay
depends on information you knew at the time you placed the person under arrest
