Power of Arrest and Caution Rights

Question 1

Arrest is:

Answer 1

Statement of Arrest from Officer:
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Formal physical contact to ensure persons awareness.
or,
Agreement, or acknowledgement of arrest

Question 2

Crimes Act s316

Rights:

Answer 2

Any person arrested must be informed of:
Reason for arrest,
unless impractical to do so.
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Be allowed to present before courts as soon as practical.

Question 3

Bill of Rights s23

Answer 3

Any person arrested, or questioned for intent must be informed of the reason for arrest, or question and their rights:

• You are have been arrested for/ I am speaking to you:
• You have the right to remain silent.
• You do not to have to make any statement.
• Anything you say will be recorded and may be given in evidence in court.
• You have the right to speak with a lawyer with out delay and in private, before deciding to answer questions.
• Police have a list of lawyers you may speak to for free.
• Do you understand these rights and reason for arrest?

Question 4

Powers of Arrest:
Crimes Act
- 315(2)(a)

Answer 4

CA-315(2)(a)

Finds - disturbance of peace, or committing imprisonable offence.

Question 5

Powers of Arrest:
Summary Offences Act
- 39(2)

Answer 5

With in constables view; any act believed an offence against sections: (17-20), (25), (32-38)
[AND] Fails to give, or false details

Question 6

Disturbance of Public Peace

Answer 6

Committing public disorder offence, or likely to cause another to.
[Only hold in custody for two hours, no court unless specific offence]

Question 7

Powers of Arrest:
Crimes Act
- 315(2)(b)

Answer 7

CA-315(2)(b)

Has GC2S, committed breach of peace, or imprisonable offence

Question 8

Powers of Arrest:
Summary Offences Act
- 39(1)

Answer 8

SoA-39(1)
Has GC2S committed offence against SOA, 1981
[Except sections: (17 to 20), (25), (32 to 38)]