Arrest-Without Warrant

Question 1

What is the significance of s457 CA

Answer 1

1) Abolished CL POA for PO and Joe
2) Prohibits arrest w/o warrant -unless pursuant to this act or -any other act giving POA w/o warrant

Question 2

what is the significance of s458

Answer 2

1) POA for PO and Joe
2) finds COMMITTING I/O or S/O (defn finds committing -462) -refer to DeMoor V Davies (1999).
3) apprehension is necessary for -ensure APPEARANCE in court -PREVENT continuation of offences -PRESERVE public order -ensure SAFETY

Question 3

what is the significance of s459

Answer 3

1) POA only for PO
2) I/O has committed or committing in Victoria or elsewhere

Question 4

what is 459A

Answer 4

1) POE -to exercise POA 458/459
2) Must BORG has committed “serious I/O” such as escape from custody -serious I/O has same meaning s325 (6)CA -which is I/O punishable upon first conviction by imp for life or up to 5 years.

Question 5

are you able to seize items under 459A

Answer 5

1. this is only POE to search person not items
2. However items found after lawful entry can be seized and retained.

Must have these pre-requisites for seizure of these items that are believed to be the

>FRUIT (stolen goods) or

>COMMISSION (car used in burglary)of the crime or

>the INSTRUMENT (axe) by which the crime was committed You must have reasonable grounds to do this Chic Fashions Ltd V Jones (1968)