IN06: Power of Arrest

Question 1

A constables power of arrest without warrant are found in

Answer 1

Section 315 of the Crimes Act 1961

and

Section 39 of the Summary Offences Act 1981

Question 2

Under Section 315 (2) (a) of the Crimes Act 1961, any constable may arrest and take into custody, without a warrant any person who ….

Answer 2

HE FINDS
Disturbing the peace or committing any offence

Question 3

Under Section 315 (2) (b) of the Crimes Act 1961, any constable may arrest and take into custody, without a warrant any person who ….

Answer 3

HE HAS GOOD CAUSE TO SUSPECT

Of having committed a breach of peace or any offence

Question 4

Under Section 39 (1) of the Summary Offences 1981, any constable may arrest and take into custody, without a warrant any person who ….

Answer 4

HE HAS GOOD CAUSE TO SUSPECT

Of having committed an offence against this act, except for S17-20,25,32-38

Question 5

Under Section 39 (2) of the Summary Offences 1981, any constable may arrest and take into custody, without a warrant any person who ….

Answer 5

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

Question 6

What is the time frame held for breach of peace?

Answer 6

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