IN06 Powers of Arrest Flashcards
What is arrest
“You are under arrest”
+
1) Formally touching the body of the person being arrested
OR
2) An agreement from the person being arrested that they will submit to the process.
Regarding duty of arrest what does Section 316 of the Crimes act 1961 State:
Any person who is arrested must be informed of the reason for their arrest unless the reason is obvious OR It is impractical to do so
Regarding duty of arrest what does Section 23 of the Bill of Rights act 1990 State:
A person who has been arrested must be given their full of rights caution immediately following arrest.
Regarding Powers of arrest, what is the section that grants these powers in the Crimes Act 1961
- Section 315 (2) (a) - He finds
OR - Section 315 (2) (b) - He has good cause to suspect
Regarding Powers of arrest, what is the section that grants these powers in the Summary Offences Act 1981
Section 39 (1)
OR
39 (2)
Elaborate on powers to arrest for Section 39 (1) Summary Offences act 1981
Elements:
- He has good cause to suspect
- Of having committed an offence against this act EXEPCT sections: 17-20, 25, 32-38.
Elaborate on powers to arrest for Section 39 (2) Summary Offences act 1981
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. Arrest for the offence seen commuted (e.g excreting in a public place)
What should I do if I have conflict of interest during an arrest?! I.E I arrest my mum
If there is a conflict of interest the officer must take all reasonable steps to avoid managing the scenario
E.G notifying a fellow constable of the situation and stepping back from any involvement
What are some examples of having “Good cause to suspect”
- Witness statements
- Admissions from offender
- scene examination
- Observations
How long can you hold somebody in custody with charge for breach of the peace?!
Maximum 2 Hours
