Powers Of Arrest

Question 1

Crimes Act 1961
Section 315(2)(a)

Answer 1

Aha!

Any person he/she finds disturbing the public peace or committing any offence punishable by imprisonment

Question 2

Crimes Act 1961
Section 315(2)(b)

Answer 2

Has Good Cause to Suspect a person has committed a Breach of the Peace or any offence punishable by imprisonment

Question 3

Summary Offences Act 1981
Section 39(1)

Answer 3

Has Good Cause to Suspect a person has committed an offence against this act, except sections 17-20, 25, 32-38

Question 4

Summary Offences Act 1981
Section 39(2)

Answer 4

Within View
Any person within view that commits an offence against sections 17-20, 25, 32-38 AND fails to give name and address or false details

Question 5

Crimes Act 1961

Section 316

Answer 5

Any person arrested must be informed at the time of the arrest of the reason for arrest unless the reason is obvious or it is impractical to do so

Question 6

Public Peace

Answer 6

You can arrest someone you believe will commit a disorder offence or cause another to commit an offence. Can only detain for two hours and does not go to court

Question 7

How To Effect A Valid Arrest

Answer 7

You are under arrest for…….
Touch OR acknowledgement
You have the right to remain silent
You do not 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 without delay and in private before deciding whether to answer any questions
Police have a list of lawyers you can speak to for free