Power of Arrest Flashcards

1
Q

Section 316 - Crimes Act 1961

A

Any person arrested must be told the reason they’re being arrested for

UNLESS

the reason is obvious OR it’s impractical in that moment

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2
Q

Section 23 - Bill of Rights Act 1990

A

Any person who has been arrested MUST be given their Bill of Rights immediately

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3
Q

How long can you keep someone in custody for “disturbing the peace”?

A

up to 2 hours

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4
Q

Crimes Act 1961
315 (2)(a)

A

FIND

Disturbing the public peace

OR

Committing any offence punishable by imprisonment

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5
Q

Crimes Act 1961
315 (2)(b)

A

HAVE GOOD CAUSE TO SUSPECT

of having committed breach of peace

OR

any offence punishable by imprisonment

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6
Q

Summary Offences Act 1981 39 (1)

A

HAVE GOOD CAUSE TO SUSPECT

of having committed offence against this act EXCEPT sections - 17-20, 25,32-38

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7
Q

Summary Offences Act
39 (2)

A

HAVE WITHIN THEIR VIEW

does an act a constable believes is an offence against sections 17-20, 25, 32-38

AND

fails to give name/address or false details

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