Power of Arrest Flashcards
Section 316 - Crimes Act 1961
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
Section 23 - Bill of Rights Act 1990
Any person who has been arrested MUST be given their Bill of Rights immediately
How long can you keep someone in custody for “disturbing the peace”?
up to 2 hours
Crimes Act 1961
315 (2)(a)
FIND
Disturbing the public peace
OR
Committing any offence punishable by imprisonment
Crimes Act 1961
315 (2)(b)
HAVE GOOD CAUSE TO SUSPECT
of having committed breach of peace
OR
any offence punishable by imprisonment
Summary Offences Act 1981 39 (1)
HAVE GOOD CAUSE TO SUSPECT
of having committed offence against this act EXCEPT sections - 17-20, 25,32-38
Summary Offences Act
39 (2)
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