Arrests Flashcards
What are the three types of arrest?
Offences
Warrant
Breach of Peace
Section 99 of LEPRA 2002 gives the power to do what?
(1) A police officer may, without a warrant, arrest a person if:
(a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and
The arrest under S.99 of LEPRA must be reasonably necessary for what reasons?
To stop the person committing or repeating the offence or another offence.
To stop the person fleeing from police of the location.
The enable inquiries to establish the person’s identity.
To ensure the person appears before the court
Obtain property in their possession in connection with the offence.
To preserve or prevent fabrication of evidence.
To prevent harassment or interference with a witness.
To protect the safety or welfare of any person.
Because of the nature and seriousness of the offence.
What does Section 105 of LEPRA say?
Power to discontinue an arrest.
Can a police officer be directed by another officer to arrest a person?
Yes, 99 (2).
The directing officer must have a lawful reason for arrest before directing another officer.
What must a police officer do under S.99 (3)?
Must as soon as reasonably practicable, take the person before an authorised officer to be dealt with according to law.
State NSW v LE says what?
Justified to detain a person to check if their opal card is valid.
What is the definition of breach of the peace?
Whenever harm is actually done to a person
Whenever harm is likely to be done to a person
When in a person’s presence harm is done to that person’s property
When a person is in fear of being so harmed through and assault, affray, a riot, an unlawful assembly or other disturbance.
What can consitute an Arrest?
Mere Touching
Words, but only if the suspect submits to the words.
Conduct that intends to deprive the suspect of liberty and the suspects understand that and arrest is being made.
It is a question of FACT.
Christie v Leachinsky says what about arrests?
Must inform the suspect of the true grounds of arrest.
What does Robinson v State NSW say?
A reasonable suspicion must be accompanied by an intention to charge the person being arrested but need not be accompanied by a clearly formulated charge and may be subjected to contingencies.
R v O’Neill says what about power of entry?
Notice of their presence
Notice of their authority
Notice of the cause/purpose
Opportunity to comply.
R v Foster Says what?
There i no power to arrest for questioning
Section 115 of LEPRA give the maximum investigation period what is it?
6 hours and can be extended with a detention warrant by 6 hours.
Dearing v Passi says what?
That if the reasonable grounds for arrest are established, the fact the charge is not proved or dismissed does not make the arrest illegal.
