Arrrests - 458/459 Flashcards
What are the three main methods of bringing a person before the courts?
Arrest without warrant
Arrest with warrant
Summons
What is the definition of arrest
Arrest is the total restraint of a person for however a short a time
What is section 458 (crimes act)
The power of arrest without a warrant by any person - indictable or summary (summary for police)
What grounds are needed to apprehend an offender under the acts?
Reasonable grounds to believe
What does “any person” refer to in s.458?
Refers to both police and the public.
What is meant by “find committing” for s.458
The person arresting must have found the offender actually committing the offence or behaving or conducting himself or from that behaviour or conduct or circumstances he believed was the offender
What is s.456AA of the crimes act?
A power to demand name and address when finding a person committing an offence, believed the person has committed the offence or to assist with an investigation for an indictable offence.
Failure to provide details results in an arrest under s.458 - failure to provide name and address.
What does s.459 (CA1958) allow you to do
Arrest power for an indictable offence with RGTB.
Who can exercise s459 arrest
Police or PSO on duty at a designated place
What is the power of entry
459A crimes act
What can you enter and search for under s459A
A person who you have RGTB has committed a SERIOUS indictable offence (in VIC or other state) or escaping legal custody, may enter and search for THAT PERSON and arrest under 459
What does KALOF stand for?
Keep a look out for
Under s 464 (CA), what is “person in custody” defined as
A) under lawful arrest by warrant
B) under lawful arrest under s458 or 459 or any other act
C) in the company of an investigating official (in respect of an arrest)
What is reasonable grounds
More than suspicion
