LEPRA 99, 101, 102 and 105 Flashcards
What section is “Power of police officers to arrest without warrant”
Section 99 LEPRA
What is section 99 (a) LEPRA [verbatim]
(a) The police officer suspects on reasonable grounds that the person is committing or has committed an offence, and
What is section 99 (b) LEPRA [verbatim and in order] C.F.I.A.P.E.H.S.N
(b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons—
(i) to stop the person committing or repeating the offence or committing another offence,
(ii) to stop the person fleeing from a police officer or from the location of the offence,
(iii) to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,
(iv) to ensure that the person appears before a court in relation to the offence,
(v) to obtain property in the possession of the person that is connected with the offence,
(vi) to preserve evidence of the offence or prevent the fabrication of evidence,
(vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
(viii) to protect the safety or welfare of any person (including the person arrested),
(ix) because of the nature and seriousness of the offence.
What is Section 99 LEPRA (b) (i)?
(i) to stop the person committing or repeating the offence or committing another offence
What is Section 99 LEPRA (b) (ii)?
(ii) to stop the person fleeing from a police officer or from the location of the offence
What is Section 99 LEPRA (b) (iii)?
(iii) to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false
What is Section 99 LEPRA (b) (iv)?
(iv) to ensure that the person appears before a court in relation to the offence,
What is Section 99 LEPRA (b) (v)?
(v) to obtain property in the possession of the person that is connected with the offence
What is Section 99 LEPRA (b) (vi)?
(vi) to preserve evidence of the offence or prevent the fabrication of evidence
What is Section 99 LEPRA (b) (vii)?
(vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence
What is Section 99 LEPRA (b) (viii)?
(viii) to protect the safety or welfare of any person (including the person arrested)
What is Section 99 LEPRA (b) (ix)?
(ix) because of the nature and seriousness of the offence.
What section is “Power to arrest with warrant”
Section 101 LEPRA
What does section 101 LEPRA mean?
A police officer may arrest or deal with the person named in a warrant whether or not the warrant is in his or her possession.
What section is “ Power to arrest persons who are unlawfully at large”
Section 102 LEPRA
What does section 102 LEPRA mean?
(1) A police officer may, with or without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person is a person who is unlawfully at large
What does “unlawfully at large” mean?
A person who is at large at a time when the person is required by law to be in custody in a correctional centre
What section is “Arrest may be discontinued”
Section 105 LEPRA
What does section 105 LEPRA mean?
A police officer may discontinue an arrest at any time if:
- The arrested person is no longer a suspect or the reason for the arrest no longer exists for any other reason
- It is more appropriate to deal with the matter in some other manner
