Powers of Arrest

Question 0

What are your powers of arrest under Section 315 (2)(b) of the Crimes Act?

Answer 0

Section 315 (2)(b) of the Crimes Act?
- Powers are
:He has good cause to suspect
:Of having committed a breach of the peace OR
:Any offence punishable by imprisonment.

Question 1

What are your powers of arrest under Section 315 (2)(a) of the Crimes Act?

Answer 1

Section 315 (2)(a) of the Crimes Act
-	 Powers are
				: He finds
				: Disturbing the Public Peace OR
				: Committing any offence punishable by 				imprisonment

Question 2

What are your powers to arrest under the Summary Offences Act 39(1)?

Answer 2

Summary Offences Act 39(1)
-	Powers to Arrest
			:He has good cause to suspect
			:Of having committed an offence against 			this Act
			:Except sections 17-20,25,32-38

Question 3

What are your powers to arrest under Summary Offences Act 39(2)?

Answer 3

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

Question 4

Where do the Bill of rights and Practice notes on police questioning fit into the arrest process?

Answer 4

• A person who has been arrested must be given their Rights caution immediately

Question 5

What must you do and say to effect a valid arrest?

Answer 5

• You must say ‘You are under arrest’
• Formally touch the body of the person being arrested.
  OR
• Agreement from the person being arrested that they will submit to the process.

Question 6

Section 315 refers to your powers of arrest for disturbing the ‘public peace’. Explain the term ‘Public Peace’.

Answer 6

• If they are likely to commit a disorder offence or cause another to do so
• You can only keep the person in custody for 2 hours unless you charge with a specific offence.

Question 7

What is the difference between arrest with and without a warrant?

Answer 7

• Sections 315 and 39 give you a power to arrest without a warrant.
• A warrant to arrest is issued by the court and is your power to arrest when a warrant has been issued.

Question 8

What must you do when you come across someone with a ‘warrant to arrest’ reference on the computer.

Answer 8

• Confirm the offenders identity
• Take the warrant with you or show to offender ASAP after arrest
• Validate the warrant by checking that it is current in NIA and someone actually sights the warrent.
• Once the arrest is complete clear Warrant from nia

Question 9

What legal protection do you have when exercising a power to arrest?

Answer 9

• A constable will not be subjected to criminal action for arrest, provided he acted on reasonable and probable grounds.
  :Satisfied they have been given the correct facts.
  :Satisfied all offence ingredients are present
  :Lawful power to arrest exists
  :ID of offender is known, even if witness mad a mistake