Powers of Arrest

Question 1

How long can you hold a person in custody for Breach of Peace?

Answer 1

• For a maximum of 2hrs and then MUST release OR

- charge with disorderly behaviour etc..

Question 2

Good cause to suspect means?

S.O.S.A

Answer 2

• SUSPICIONS gained
• your OBSERVATIONS
• STATEMENTS from witnesses
• ADMISSIONS from the offender, scene examination and forensic evidence

Question 3

Main principle when using powers of arrest

M A W/O W

Answer 3

Any Constable and all persons whom they call to their assistance MAY ARREST and take into custody WITHOUT WARRANT any person who commits an offences against

• S.315, Crimes Act 1961 &
• S.39, Summary Offences Act 1981

Question 4

S.315 (2) (a), Crimes Act 1961

• F
• B O P OR C A O
• P B I

Answer 4

• Finds
• disturbing the public peace OR committing any offence
• punishable by imprisonment

Question 5

S.315 (2) (b), Crimes Act 1961

Answer 5

• Has GCTS
• of having committed a breach of the peace OR any offence
• punishable by imprisonment

Question 6

S.39 (1), Summary Offences Act 1981

Answer 6

• Has GCTS
• of having committed an offence against this act
• except sections 17-20,25,32-38

Question 7

Exception S.32-38 are?

Answer 7

S.32 - Excreting in a public place
S.33 - Bill sticking
S.34 - Throwing stones
S.35 - Setting off or throwing fireworks
S.36 - Lighting fires
S.37 - Disturbing meetings
S.38 - Drinking in a public place

Question 8

S.39 (2), Summary Offences Act 1981

• W/I V
• C A O A S….
• F D

Answer 8

• Within view
• does an act the constable believes is an offence against sections 17-20,25,32-38
• fails to give name and address OR gives false details

Question 9

S.316

D O P A

• I R F A
• B B T C

Answer 9

Duty of persons arresting
- To INFORM the arrested person the REASON FOR ARREST
- to BRING the arrested person BEFORE THE COURTS
(breaching these may give grounds for action against unlawful detention)