Arrests Flashcards
Define arrest
An arrest consists of the seizing or touching of a person’s body with the view to his restraint. It is generally used to identify the deprivation of liberty which is a precursor to the commencement of criminal proxeeedinfw against a person
Do words alone constitute an arrest?
No. Unless they are calculated to bring to a person’s notice that he is under compulsion and he therefore submits. Lewis v Norman (1982)
When is a person under arrest. Cite case
DPP v Dahl. A person is under arrest whenever the police have man’s it clear to the suspect that they are not free to leave
Is an arrest an objective or subjective test?
Objective what would a reasonable person in the particular circumstances of the complainant have inferred from the conduct of the officers.
What five categories reasons are there to arrest someone?
- Breach of the peace
- Warrants
- Offences
- Bail
- Powers under the road transport act
What is a breach of the peace?
R v Howell- there is a breach of the peace whenever harm is 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 an assault an affront an unlawful assembly or other disturbance
When do police not have to WIPE under 202 of lepra
- Giving a group a direction 204 kept a
- Exercising a power under schedule 1 of LEPRA (Bail young offender)
- In circumstances where he must know the general nature of the alleged offence for which he is detained (Christie v leachinsky)
What section applies to arresting a person without a warrant
Section 99 Law enforcement powers and responsibilities act
What is required for a police officer to arrest without a warrant
Section 99 (1) LEPRA requires a police officer to suspect on reasonable grounds that the person is committing or has committed an offence
AND
Satisfied it is reasonably necessary for any one or more of the reasons set out in section 99(1)(b)
