INO6- The power of arrest

Question 1

How long can a person be held in Custody for breaching the peace?

Answer 1

Up to two hours. Don’t go to court unless they are charged with another offence- eg- disorderly behavior or assault.

Question 2

Under Crimes Act 1961 what power of arrest do I have without warrant?

Answer 2

1) Section 315 (2)(a) - HE FINDS : Disturbing the public peace OR committing any offence
punishable by imprisonment.

2) Section 315(2)(b) - HE HAS GOOD CAUSE TO SUSPECT: Of disturbing the public peace OR any offence
punishable by imprisonment.

Question 3

Under the Summary Offences Act 1981 what power of arrest do I have without warrant?

Answer 3

1) Section 39(1)- He has good cause to suspect of having committed an offence against this Act EXCEPT sections 17-20,25,32-38.

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 (EG- excreting in a public place)