Powers Of Arrest Flashcards
What entails section 316 of the crimes act 1990?
Any person arrested must be informed of the reason why they are being arrested e.g “you are under arrest for….peeping and peering” unless obvisous
How does a police officer formalise an arrest?
By stating “you are under arrest” as well as formally touching the person being arrested or obtaining an agreement from the person being arrested that they will submit to process
What entails section 316(2) crimes act 1990?
If arresting with a warrant the arresting officer must provide the arrest warrant as proof if their authority to arrest
What entails section 316(2)(a) crimes act 1990?
When entering a premises to execute a warrant the arresting officer must have the warrant in their possession at the time
What entails section 316(2)(b) crimes act 1990?
When entering a premies to execute a warrant to arrest the arresting officer must show the arrested person the warrant at the earliest possible time after arrest
Section 315(2)(a) crimes act 1961
Finds or within view of
Disturbing of breaching the peace
Or committing an imprisonable offence
Section 315(2)(b) crimes act 1961
Has good cause to suspect
Has breached the peace
Or of having committing any offence punishable by imprisonment
Section 39(1) summary offences act 1981
Has could cause to suspect
Has committed an offence against this act
Except sections 17-20,25,32-38
Section 39(2) summary offences act 1981
Finds within view
Does an act against the sections 17-20,25,32,38
Refuses to give details
Definition of public peace?
Breach when harm is done or likely to be done to:
A person or
A persons property, in that persons presence or
A person is in fear of being harmed through assault, a riot, unlawful assembly or other disturbance
Two reason you may receive a warrant to arrest?
Non appearance in court
Breach of a court order
When executing a warrant you must?
Validate the warrant, through NIA, as well as sighting the original.
Check the ID of the person, DOB etc
Once executed clear the NIA alert, indicate executed.
What is a breach of the peace?
Harm against a person
Harm against property of a person in front of that person
Fear of harm through assault from a person or group such as a riot
