Powers of Arrest

Question 1

Powers of Arrest:
What Acts and Sections give power to arrest?

Answer 1

• Crimes Act 1961 s315 (2)(a) and (2)(b)
• Summary Offences Act 1981 s39 (1) and (2)

Question 2

Powers of Arrest:
(Without warrant)
Section 315 (2)(a)
(HE FINDS)

Answer 2

Found doing the crime and its imprisonable

• HE FINDS (Includes CCTV)
• Disturbing the public peace [OR] commiting any offence
• Punishable by imprisonment

Question 3

Powers of Arrest:
(Without warrant)
Section 315 (2)(b)
(HAS GOOD CAUSE TO SUSPECT)

Answer 3

You have reason to believe this person committed an offence

• HAS GOOD CAUSE TO SUSPECT
• Of having committed a breach of the peace [OR] any offence
• Punishable by imprisonment

Question 4

Powers of Arrest:
(Without warrant)
Section 39(1)
(HE HAS GOOD CAUSE TO SUSPECT)

Answer 4

• Of having committed an offence against this Act (SOA)
• Except Sections 17-20, 25, 32-38

Question 5

Powers of Arrest:
(Without warrant)
Section 39(2)
(WITHIN HIS VIEW)

Answer 5

• Does an act the constable believes is an offence against Sections 17-20, 25, 32-38
• AND
• Fails to give name and address or gives false details.
• Arrest for the offence seen being committed (e.g. excreting in a public place)

Question 6

Powers of Arrest:
Sections excluded from arrest
“17-20, 25, 32-38”
(unless false details given)

Answer 6

• *17 - 20** - Offences resembling forgery or fraud
• *25** - Advertising reward for stolen property
• *32 - 38** - Offences resembling nuisance
• 17 - Publishing false notice of birth, death marriage or civil union
• 18 - Imitation of court documents
• 19 - Imitation of official documents
• 20 - False claim of qualifications
• 25 - Advertising reward for stolen property
• 32 - Excreting in public place
• 33 - Billsticking
• 34 - Throwing stones
• 35 - Setting off or throwing fireworks
• 36 - Lighting fires
• 37 - Disturbing meetings
• 38 - Drinking in a public place

Question 7

Powers of Arrest:
‘Good cause to suspect’
(What may give you beyond ‘mere’ suspicion?)

Answer 7

• Your observations
• Statements from witnesses
• Admissions from the offender
• Scene examination
• Forensic evidence

Question 7

Powers of Arrest:
‘Good cause to suspect’
(What may give you beyond ‘mere’ suspicion?)

Answer 7

• Your observations
• Statements from witnesses
• Admissions from the offender
• Scene examination
• Forensic evidence