IN06: Power of Arrest Flashcards
A constables power of arrest without warrant are found in
Section 315 of the Crimes Act 1961
and
Section 39 of the Summary Offences Act 1981
Under Section 315 (2) (a) of the Crimes Act 1961, any constable may arrest and take into custody, without a warrant any person who ….
HE FINDS
Disturbing the peace or committing any offence
Under Section 315 (2) (b) of the Crimes Act 1961, any constable may arrest and take into custody, without a warrant any person who ….
HE HAS GOOD CAUSE TO SUSPECT
Of having committed a breach of peace or any offence
Under Section 39 (1) of the Summary Offences 1981, any constable may arrest and take into custody, without a warrant any person who ….
HE HAS GOOD CAUSE TO SUSPECT
Of having committed an offence against this act, except for S17-20,25,32-38
Under Section 39 (2) of the Summary Offences 1981, any constable may arrest and take into custody, without a warrant any person who ….
WITHIN HIS VIEW
Does an act the constable believes is an offence against sections 17-20,25,32-38
AND
Fails to give name and address or gives false details
What is the time frame held for breach of peace?
A detained person can only be held for “2hours” to “Preserve the Peace”. They do not go to court unless charged with a specific offence that happens during the two hours.
e.g Disorderly behaviour, Assault