Arrests Flashcards
General reasons for arrest?
Offence
Warrant
Breach of Peace
What is breach of the Peace?
- When harm is done to a person
- When harm likely to be done to a person
- WHen in a persons presence and harm is done to the persons property, or
- When person is in fear of being so harmed through an assault, affray, riot, unlawful assembly or other disturbance.
When may arrest for breach of peace?
For the listed breaches, or if there is a reasonable apprehension of the breach taking place.
What does Thomas v Sawkins say?
Breach can be in private or public.
How can an arrest be affected?
a) Mere touching
b) Words (only if suspect submits)
c) Condut that intends to deprive suspect of liberty and suspect understands arrest being made.
Whether a person is arrested is a question of what?
Fact
Is caution required for an arrest?
No
S231 LEPRA?
Use of force in an arrest, must be reasonably necessary to make the arrest.
What does R v Oneill say about Proper announcement
- Notice of presence
- Notice of authority
- notice of the cause/purpose for demanding admittance.
- Opportunity to comply
What section reflects the requirements under R v O’neill?
202 LEPRA.
What authority relates to no power to arrest for questioning?
R v Foster
S115 LEPRA?
Investigation period - 6 hours investigation time unless extended by a detention warrant.
Does withdrawal of charge or finding of not guilty affect the legality of the arrest?
No
S99, 1, a?
- A Police Officer may, without warrant arrest a person if;
a) suspects on reasonable grounds the person is committing or has comitted an offence,
99 1 b
b) The Police Officer is satisfied the arrest is reasonably necessary for any one or more of the following reasons;
i - To stop person commtting or repeating the offence.
ii - to stop person fleeing from a police officer or from the location of the offence,
iii - to enable enquriies to be made to establish persons ID if it can not be readily established or if Police suspect on reasonable grounds that identity information provided is false
iv - Ensure person appears before court in relation to offence
v - To obtain property in possession of the person that is connected with the offence.
vi - preserve evidence of offence or prevent fabrication of evidence.
vii - To prevent harassment of, or interference with, any person who may give evidence in relation to the offence
viii - To protect safety or welfare of any person
ix - because of the nature and seriousness of the offence.
99 2?
Police Officer may also arrest a person without a warrant if directed to do so by another Police Officer. Other Police Officer is not to give such a direction unless the other officer may lawfully arrest the person without a warrant.
99 3?
Police Officer who arrests a person under this section must, as soon as is reasonably praticable, take the person before an authorised officer to be dealt with according to law.
99 4?
Person who has been lawfully arrested under this section may be detained by any Police officer under Part 9 for the purpose of investigating whether the person committed the offence for which the person ha been arested and for any other purpose authorised by the Part.
99 5?
This setion does not authorise a person to be arrested for an offence for which the person has already been tried.
99 6?
For the purposes of this section property is connected with an offence if it is connected with the offence within the meaning of part 5.
Detention case law?
State of NSW v Le.
Implied power to stop and detain a person for the purpose of giving a direction and the production of evidence.
i.e - production of Opal Card and associated checks.
FINECHAPSfor 99 1 b?
Fleeing Identity Nature Evidence Comimitting harassment appears property safety
What section for reasonable force during arrest?
231 LEPRA
Case law relating to Breach Peace in Private and Public?
Thomas + Sawkins.
