Powers of Arrest Flashcards
What is an arrest?
An arrest is a statement from a constable such as “You are under arrest”
PLUS
Either formally touching the person being arrested
OR
Obtaining agreement from the person being arrested that they will submit to the process.
Crimes Act 1961
Section 315(2)(a)
Section 315(2)(a) of the Crimes Act 1961 He Finds
Disturbing or breaching the public peace
Or committing an offence punishable by imprisonment.
Who can make an arrest?
Any constable and all persons whom they call to their assistance may arrest and take into custody, WITHOUT WARRANT any person whom he:
315(2)(a) He finds Disturbing the public peace OR Committing any offence Punishable by imprisonment
315(2)(b) He has good cause to suspect Of having committed a public peace OR Any offence Punishable by imprisonment
39(1)
He has good cause to suspect
Of having committed an offence against this act
Except Sections 17-20,25,32-38
39(2)
Within his view
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
Crimes Act 1961
Section 315(2)(b)
Section 315(2)(b) of the Crimes Act 1961
He has good cause to suspect
Has breached the peace
Or of having committed any offence punishable by imprisonment.
Crimes Act 1961
Section 316
Section 316 of the Crimes Act 1961
Any person arrested must be informed at the time of the arrest for the reason of arrest “You are under arrest for Assault
Unless the reason is obvious OR It is impractical to do so.
Section 316 arrested person must be brought before the courts as soon as possible within 7 days.
Summary Offences Act 1981
Section 39(1)
Section 39(1) of the Summary Offences Act 1981
He has good cause to suspect
Has committed an offence against this Act,
Except Sections 17-20, 25, 32-38.
Arrest with Warrant
This power comes from the judiciary (courts) for such things like:
Warrant to arrest for non-appearance at a court hearing.
Warrant to arrest for breaching court orders (community service).
Warrant to arrest for fines
Summary Offences Act 1981
Section 39(2)
Section 39(2) of the Summary Offences Act 1981
Within his view
Does an act that a constable believes is an offence against sections 17-20, 25, 32-38
And fails to give name and address or false details
Will only apply for Section 32 - Excreting in public
Bill of Rights Act 1990
Section 23
Section 23 of the Bill of Rights Act 1990
Any person arrested or detained must be given their caution rights immediately following the arrest.
Migrating the reaction to arrest
To deprive a person of their liberty is a serious act and should not be taken lightly.
Some strategies are:
Explain to the prisoner in a clear and concise may that they are under arrest and what offence they have committed.
Use only the minimum of force necessary
Be calm, take your time with the process
What is a breach of the peace?
A breach of the peace is whenever harm is actually done or likely to be done to:
A Person,
OR
A person’s property, in that persons presence,
OR
A person is in fear of being harmed through assault, a riot, unlawful assembly or other disturbance.
You can arrest but can only be detained for up to two hours.
They do not go to court unless you charge them with s specific offence during those two hours.
What steps MUST you follow when executing a warrant?
You must validate the warrant before arresting. This is done in NIA and by having someone sight the original.
You must check the ID of the person arrested to ensure it is the person on the warrant. Drivers licence, DOB, features and descriptions.
The warrant to arrest need not be in your possession at the time of arrest but should be shown as soon as possible after the arrest.
Once executed you must clear the alert in NIA and indicate the arrest warrant itself has been executed and returned to the courts.
Crimes Act 1961 – Offences carry a penalty of imprisonment of …
more than 3 years.
Summary Offences Act 1981 – Offences carry a penalty of …
fines and not more than 3 months imprisonment.
Arresting the wrong person.
A constable will not be subject to criminal or civil action for arresting without a warrant the wrong person.
Provided the Constable has acted on REASONABLE and PROBABLE GROUNDS.
eg. The constable id satisfied they have been give the correct facts from the victim and/or witness.
