Arrests Flashcards
What is the definition of arrest?
Robinson v State of NSW states arrest is generally used to identify the deprivation of liberty which is a precursor to the commencement of criminal proceedings. Necessary for the enforcement of criminal law.
Can touch, seizure and submission amount to an arrest?
Yes, Lewis v Norman. Words may amount to an arrest, if they are calculate to bring and do bring a persons notice that he is under compulsion and therefore submits.
What are the three general reasons for arrest?
Breach of the Peace.
Offences
Warrants
What is a breach of the peace?
There is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through assault, array, a riot or an unlawful assembly or disturbance.
(Must be in the persons presence)
R V Howell
What are the section 99 1 (b) considerations?
The police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons:
- repetition of offence
- stop fleeing
- enable enquires as to identity
- ensure appearance before Court
- obtain property in their possession
- preserve evidence
- prevent harassment or interference
- protect safety and welfare
- nature and seriousness of the offence
What is meant by proper announcement?
In R v O’Neill: notice of their presence, notice of their authority, notice of the cause/purpose for demanding entry. Opportunity to comply.
Also section 202 of LEPRA somewhat reflects this.
What does section 115 say about time constraints for arrest?
6 hours - unless extended by a detention warrant (another max 6 hours)
Is an arrest illegal if they charge is dismissed?
No, it is a question of whether the police suspected the commission of the original offence on reasonable grounds. And the subsequent acquittal of the charge he was arrested for does not affect the legality of the arrest.
Dearing v Passi.
What does state of New South Wales v Le say about detention?
There is an implied power to stop and detain a person for the purpose of carrying out a check on ID or for production of a ticket. (This does not yet extend to writing of a field CAN.)
What is the difference between arrest and arrested?
One is the action police take and the other is a subjective point of view from the accused, i.e. they have submitted and are therefore under arrest before being told ‘you are under arrest’.
Someone can be ‘arrested’ if inferred they are not free to leave
Can police arrest for questioning?
No
R V Foster
