IN06 The Power of Arrest

Question 1

What are the four purposes of putting someone under arrest?

Answer 1

Prevent someone from committing further offences.
Prevent someone from destroying evidence.
To ensure someone appears before the courts.
Protecting the person’s own interests.

Question 2

What must you do when placing someone under arrest?

Answer 2

Telling them “you are under arrest”

PLUS

formally touching the persons body
OR
an agreement from the person that they will submit to the process

Question 3

What are some types of agreement?

Answer 3

A positive indication of acceptance, a nod, walk to the car or verbal agreement.

Question 4

Any person who has been arrested must be informed at the time of the arrest the reason, except for these two instances?

Answer 4

The reason is obvious.

It is impractical to do so.

Question 5

What acts and sections give Police the power to arrest without warrant?

Answer 5

Crimes Act 1961 - Section 315 (2) (a) and (b)

Summary of Offences Act 1981 - Section 39 (1) and (2)

Question 6

What does the Crimes Act 1961 - Section 315 (2) (a) refer to?

Answer 6

If a constable finds a person disturbing the peace or committing any offence punishable by imprisonment then they can arrest without warrant.

Question 7

What does the Crimes Act 1961 - Section 315 (2) (b) refer to?

Answer 7

If a constable has good cause to suspect of having committed a breach of the peace or any offence punishable by imprisonment then they can arrest without warrant.

Question 8

What does the Summary of Offences Act 1981 Section 39 (1) refer to?

Answer 8

If a constable has good cause to suspect someone having committed an offence against the SOA act and no sections 17-20, 25, 32-38, then the constable can arrest without warrant.

Question 9

What does the Summary of Offences Act 1981 Section 39 (2) refer to?

Answer 9

If the constable sees within his view, someone committing an offence under SOA act sections 17-20, 25, 32-38
AND
the suspect refuses to provide or gives false details, then the constable can arrest without warrant, for the offence seen.

Question 10

When arresting with a court ordered warrant, do you need to have the warrant on you at the time?

Answer 10

No, but you must show the suspect the warrant as soon as possible.

Question 11

What are the four main Police related sections of the Bill of Rights Act 1990?

Answer 11

Section 21 - Search and Seizure
Section 22 - Arbitrary Detention
Section 23 - Rights of a person arrested or detained
Section 24 - Rights of a person charged with an offence

Question 12

What is the purpose of Section 21, Bill of rights Act 1990?

Answer 12

Everyone has the right to be secure against unreasonable search and seizure, person or property.

Question 13

What are three lawful searches?

Answer 13

Search under specific statutory search powers.

Statutory search pursuant to arrest or detention.

Consent search.

Question 14

What does section 22, Bill of Rights Act 1990 refer to?

Answer 14

Everybody has the right to not be arbitrarily (randomly) detained.

Police can only detain someone if they are arrested or under a specific statutory detention power.

Question 15

What does section 23, Bill of Rights Act, 1990 refer to?

Answer 15

Everyone who is arrested or detained under any enactment bill shall:

Be informed at the time of arrest or detention the reason for it.

Advise them they can talk to a lawyer in private before answering any questions.

Have the right to refrain from making a statement.

Everyone deprived of liberty shall be treated with dignity and respect.

Question 16

Type out the Rights Caution.

Answer 16

You have been arrested for…….

You have the right to remain silent.

You do not have to make any statement.

Anything you say will be recorded and may be given in evidence in court.

You have the right to speak to a lawyer without delay and in private, before deciding whether to answer any questions.

Police have a list of lawyers you may speak to for free.

Question 17

Type out what you must say when detaining someone.

Answer 17

You are being under section … of the ….Act

OR

You have been detained under the ……. Act.

Question 18

When are you to advise the arrested person of their rights caution.

Answer 18

Immediately after the arrest.

Question 19

What can happen if you forget to advise the rights caution after an arrest?

Answer 19

Anything they say after they are arrested could be inadmissible in court.

Question 20

What does Section 24 of the Bill of rights Act 1990 refer to?

Answer 20

Every person charged with an offence,

shall be informed promptly and in detail of the cause and nature of the offence.

Shall have the right to consult with a lawyer without delay and in private.

Question 21

What does Section 315 (2) (a) of the Crimes Act 1961 allow a constable to do?

Answer 21

Power of arrest, If a constable finds a person disturbing the public peace or committing an imprisonable offence.

Question 22

What does Section 315 (2) (b) of the Crimes Act 1961 allow a constable to do?

Answer 22

Power of arrest, if a constable has good cause to suspect a person has breached the peace or has committed an imprisonable offence.

Question 23

What does Section 39 (1) of the Summary of Offences Act 1981 allow a constable to do?

Answer 23

Power of arrest, if a constable has good cause to suspect a person has committed an offence from the act.

With the exceptions of sections 17-20, 25, 32-38 (minor offences)

Question 24

What does Section 39 (2) of the Summary of Offences Act 1981 allow a constable to do?

Answer 24

Power of arrest, if someone commits an offence from 17-20, 25, 32-38 of the Summary of Offences Act 1981, within view of the constable.

AND

Refuses to give details
or
gives false details

Question 25

What would you arrest the offender for if they committed an offence from Sections 17-20, 25, 32-38 of the Summary of Offence Act 1981 and fails to give details or gives false details?

Answer 25

The original offence from section 17-20, 25, 32-38 of the Summary Offences Act 1981.

Question 26

What does section 316 of the Crimes Act 1961 refer to?

Answer 26

It requires the person arresting another person to inform the arrested person of the reason they are under arrest.