Legal - Powers Flashcards
Obtaining Personal Details
- The person’s full name
- The person’s Date of Birth
- The address of where the person is living
- The address of where the person usually lives
s.16(1) and (2) CI(IP)A
Penalty for false details is 12 months imprisonment
General Power to Arrest
Serious Offence
s. 128(2) CIA
a) The penalty is imprisonment for 5 years or more; or
b) Under the ROA 1997 for breach of restraining order 61(1) or breach of a police order 61(2a); or
c) That involves family violence as defined in the ROA 1997 S,5A(2)(a), (b), (e), (j) or a threat to enact that violence; or
d) Under 38C(2) Out of control gatherings
May arrest for serious offence if a Police Officer reasonably suspects that the person:
• Has committed
• Is committing the offence
• Or is just about to commit the offence
General Power to Arrest
Non-Serious Offence
S128(3) CIA
a) Has committed, is committing the offence or is just about to commit the offence
b) That if the person is not arrested;
i. It will not be possible to obtain and verify the persons name and other personal details;
ii. Person will continue or repeat offence
iii. Person will commit another offence
iv. Person will endanger another person’s safety or property
v. Person will interfere with witnesses or obstruct course of justice
vi. Person will conceal/disturb a thing relevant to the offence;
vii. The persons safety will be endangered
Arresting Person Rights
S.137&138 CIA – When practicable: • The offence for which they have been arrested • The caution prior to interview • Can contact a lawyer • Can contact a friend or relative
Must also afford if required:
• Medical treatment
• Privacy from the mass media
• Interpreter
Record in your notebook and obtain signature.
Detaining an Arrested Suspect
S.139(2) CIA
a) Search of places, vehicles and persons under S133&135 CIA;
b) Investigating any offence suspected of having been committed by the suspect
c) Interviewing the suspect in relation to offences suspected to have been committed;
d) Deciding whether or not to charge the suspect with an offence.
Detention periods for arrested suspects
S.140 CIA
• Must not exceed six hours from the arrest of the suspect
• Acting sergeant or above (senior officer) can authorise a further six hours
• A magistrate can authorise further periods of 8 hours.
6+6+8
Must make a record.
Searching a place or vehicle to arrest a person
S.132(2)
• Can enter and search without a warrant in order to arrest an ‘arrestable person’ – must have reasonable suspicion. (arrestable person only)
Searching a place where suspect was arrested or searching their home
- 133(1) CIA - must be for a offence 5 yrs or more.
- 133(2) CIA – police without a warrant may enter the place where the person was arrested or from which the person fled immediately before being arrested and search for anything relevant to the serious offence.
- 133(3) & (4) CIA – police without a warrant can search the place that the person occupies, controls or manages if the police have reasonable suspicion there is a thing relevant to the serious offence or of a similar offence but only with senior officer approval.
- 133(7) CIA – allows police to seize anything relevant to an offence located during the search for any offence.
Citizen’s Arrest
S.24(1) CIA Any person (the citizen) may use any force that is reasonably necessary in the circumstances to prevent a crime
25(2) CIA
Any person may arrest another person (the suspect) if he or she reasonably suspects that the suspect has committed or is committing an arrestable offence.
Accompanying Persons Rights
Where a person voluntarily accompanies Police, they must be advised:
• They are not under arrest;
• They do not have to accompany the officer if they don’t wish to;
• If they do accompany the officer they are free to leave at any time, unless they are then under arrest.
When to unarrest a person
If an officer has arrested a person and the officer finds the wrong person has been arrested or that no charge is to be preferred, it is the duty of the officer to release the person immediately
