Power of Arrest Flashcards
What are your powers of arrest under CA S315 and SOA S39?
S315 and S39 give the powers to arrest without a warrant.
Where do the Bill of Rights and Practice Notes on Police questioning fit into the arrest process?
Section 23 BOR - A person who has been arrested must be given the rights/caution immediately following the arrest
Practice Note 2 - Where there is sufficient evidence to charge a person with an offence, or if you wish tot interview any person in custody, you must give them their rights/caution.
What must you do and say to effect a valid arrest?
Say “You are under arrest” - PLUS -
Formally touching the body of the person being arrested
- OR -
An AGREEMENT from the person being arrested that they will SUBMIT TO THE PROCESS
What is the difference between arrest with and without warrant?
Arrest warrants are issued by the courts
Warrantless arrests are if the Officer finds or has good cause to suspect that an offence has been committed.
Section 315 gives you power of arrest for disturbing the ‘public peace’. Explain the term ‘public peace’:
If someone is likely to commit a disorder offence or cause another to commit an offence.
The word ‘may’ used in sections 315 and 39, relates to a Police Officer’s discretion. What does discretion mean in relation to arrest?
Depending on what the offender is doing, the Officer has a choice - to arrest them or use discretion to get them to leave the area/go home. Discretion would be best exercised for minor offences only.
What would you do when you come across someone with a ‘warrant to arrest’ reference on the computer?
Ensure that it is still valid prior to arresting that person by checking it is still shown as current in NIA and someone actually sights the warrant.
What legal protection do you have when exercising a power of arrest?
A constable will not be subject to criminal or civil action, for arresting without warrant, the wrong person, provided the constable has acted on reasonable and probable grounds:
They’re satisfied they have correct details from VIW.
They’re satisfied all ingredients are present.
The lawful power to arrest exists.
The ID of the offender is known even if VIW is mistaken.
What must you do in relation to Section 316 of the Crimes Act?
Any person who is arrested must be informed at the time of the arrest of the reason for the arrest, unless:
The reason is obvious - OR -
It is impracticable to do so.
