Initial Investigation

Question 1

Initial Investigation

Answer 1

FREEZE - CONTROL - PRESERVE

Question 2

IN06 - Arrest and Caution Rights

Identify offences and understand the relevant powers of arrest in relation to them (under Section 315 of the Crimes Act 1961 and Section 39 of the Summary Offences Act 1981)

Answer 2

CRIMES ACT 1961

• 315(2)(a) FINDS - disturbing the public peace OR committing any offence
• punishable by imprisonment
• 315(2)(b) - HAS GOOD CAUSE TO SUSPECT- Of having committed a breach of the peace OR any offence
• punishment by imprisonment

SUMMARY OFFENCES ACT 1981

• 39(1) - HAS GOOD CAUSE TO SUSPECT - Of having committed an offence against this Act.
• Except Sections 17 - 20,25,32-38

39(2) 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. Arrest for the offence seen being committed (e.g excreting in a public place)

Question 3

Identify the time frames for which someone may be held for breaching the peace

Answer 3

You can keep a person in custody for two hours. They do not go to court.