Arrests

Question 1

What are the 99(1)b) reasons for an arrest

Answer 1

1. To stop commission or repetition of offence
2. To stop fleeing from police or location
3. To establish person’s.identity
4. Ensure appearance before the court in relation to the offence.
5. To preserve evidence of the offence or prevent fabrication of offence.
6. To prevent harassment or interference with any person who may give evidence in relation to the offence.
7. To protect safety or welfare of any person including person arrested
8. Because of nature and seriousness of the offence.
9. To obtain property in possession of person

Question 2

Can a person be arrested for an offence they have already been to court for?

Answer 2

No. Section 99(5) LEPRA precludes this

Question 3

Where do police get there power to enter a premises and what is required?

Answer 3

Section 10 LEPRA power to enter requires proper announcement.

Question 4

What is proper announcement? Cite the case

Answer 4

R v O’Neill 2001

1. Notice of their presence
2. Notice of their authority
3. Notice of the cause/purpose for demanding admittance
4. Opportunity to comply

Question 5

Can you arrest for questioning?

Answer 5

No. R v foster

Question 6

If the original charge is dismissed is the arrest relating to that charge unlawful?

Answer 6

DEARING V PASSI : even if a person is not convicted or not charged with an offence, the arrest is not unlawful if at the time of the arrest police suspected the commission of the offence on reasonable grounds.

Question 7

What is section 114 LEPRA?

Answer 7

Allows detention after arrest for purpose of investigation

Question 8

What is section 115 LEPRA?

Answer 8

Time period for investigation is maximum 6 hours excluding time out and can only be extended for a further 6 hours.

Question 9

What is section 116 LEPRA

Answer 9

Provides prosecution have to prove on balance of probabilities the detention time following an arrest is reasonable time.

Question 10

What is section 117 LEPRA?

Answer 10

Provides for time outs in detention

Question 11

Do police have power to detain?

Answer 11

Yes. There is an inferred power to detain when police are exercising other lawful powers such as obtaining details or writing a ticket.state of New South Wales v le 2017

Question 12

Where do police get power to arrest pursuant to a warrant?

Answer 12

Section 101 LEPRA gives police power to arrest for any time of warrant regardless if it was for offences being committed.