Lepra s99 (1)(a) & (1)(b)(i-ix) Flashcards
Lepra s99 - power of police officers to arrest without warrant
(1)
(a)
(1) a police officer may, without a warrant, arrest a person if -
(a) the police officer suspects on reasonable grounds that the person has committed or is committing an offence, and
LEPRA s99 (1) (b)
the police officer is satisfied the arrest is reasonably necessary for any one or more of the following reasons
LEPRA s99 (1)(b)(i)
to stop the person committing or repeating the offence or from committing another offence
LEPRA s99 (1)(b)(ii)
to stop the person fleeing from a police officer or from the location of the offence
LEPRA s99 (1)(b)(iii)
to enable inquiries to be made to establish the persons identity if it cannot be readily established or the police officer suspects on reasonable grounds that the identity information provided is false,
LEPRA s99 (1)(b)(iv)
to ensure that the person appears before a court in relation to the offence
LEPRA s99 (1)(b)(v)
to obtain property in possession of the person that is connected with the offence
LEPRA s99 (1)(b)(vi)
to preserve evidence of the offence or prevent the fabrication of evidence
LEPRA s99 (1)(b)(vii)
to prevent the harassment of, or interference with any person who may give evidence in relation to the offence
LEPRA s99 (1)(b)(viii)
to protect the safety and welfare of any person (including the person arrested)
LEPRA s99 (1)(b)(ix)
because of the nature and seriousness of the offence
What is LEPRA s99 (2)
A police officer may also arrest a person if directed by another police officer if that police officer has lawful justification to arrest
What is LEPRA s99 (3)
as soon as reasonably practicable, police must take the person who has been arrested under this section before an authorised officer to be dealt with according to law
