K9 (The Power Of Arrest) - (IN06)

Question 1

Crimes Act 1961
Section 315

Answer 1

• Section 315 (2)(a) - Any constable may arrest or take into custody without warrant any person HE FINDS disturbing the public peace OR committing an offence that is punishable by imprisonment.

• Section 315 (2)(b) - Any constable may arrest or take into custody without warrant any person HE HAS GOOD CAUSE TO SUSPECT of having committed a breach of the peace OR any offence that is punishable by imprisonment.

Question 2

Summary Offences Act 1990
Section 39

Answer 2

• Section 39 (1) - May arrest or take into custody without warrant any person HE HAS GOOD CAUSE TO SUSPECT of having committed an offence against this act.

• Section 39(2) - May arrest or take into custody without warrant any person WITHIN HIS VIEW does an act the constable believes is an offence against Sections 17-20, 25, 32-38

Question 3

Time frame for which someone may be held for breaching the peace

Answer 3

You can keep a person in custody for up to 2 hours without going to court unless within those 2 hours you charge them with a specific offence such as disorderly behaviour or assault.