Powers of arrest

Question 1

Power for Police to arrest without warrant

S99 LEPRA 2002 FINECHAPS

Answer 1

a) A Police officer may arrest a person without a warrant if they reasonably suspect they are/have committed an offence
b) Arrest is necessary to;
- Stop the person from fleeing from the location or Police - F
- To establish their identity - I
- Nature and seriousness of the offence - N
- Preserve evidence and prevent fabrication of evidence - E
- Stop the repetition or continuation of the offence - C
- Prevent harassment of a witness - H
- Ensure their appearance before court - A
- Obtain property that is connected with the offence - P
- Protect the safety and welfare of the person - S

Question 2

Other powers, 100-105?

Answer 2

S100 - Power of others to arrest without warrant

S101 - Power to arrest with a warrant

S102 - Arrest without warrant prisoners unlawfully at large

S104 - Arrest without warrant for certain interstate offences

S105 - Power to discontinue arrest