Powers of Arrest and Use of Force

Question 1

An arrest is _____ plus ____ or _____.

Answer 1

1. Statement “You are under arrest”
2. Formally touching the body of person being arrested
3. An agreement from the person being arrested that they will submit to the process.

Question 2

Power of Arrest
Crimes Act 1961
Section 315(2)(a)

Answer 2

HE FINDS
disturbing the peace
OR committing any offence punishable by imprisonment.

Question 3

Power of Arrest
Crimes Act 1961
Section 315(2)(b)

Answer 3

HE HAS GOOD CAUSE TO SUSPECT
of having committed a breach of the peace
OR any offence punishable by imprisonment.

Question 4

Power of Arrest
Summary Offences Act 1981
Section 39(1)

Answer 4

HE HAS GOOD CAUSE TO SUSPECT
of having committed an offence against this act.
Except sections 17-20, 25, 32-38.

Question 5

Power of Arrest
Summary Offences Act 1981
Section 39(2)

Answer 5

WITHIN HIS VIEW
commits an offence against sections 17-20, 25, 32-38
AND fails to give details or gives false details.

Question 6

Duty when arresting

Section 316 Crimes Act 1961

Answer 6

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

Question 7

Use of Force
Crimes Act 1961
Section 39

Answer 7

Use of force necessary to overcome resistance when executing an arrest or warrant.

Question 8

Use of Force
Crimes Act 1961
Section 40

Answer 8

Use of force to prevent a person trying to avoid arrest of to escape after arrest.

Question 9

Use of Force
Crimes Act 1961
Section 41

Answer 9

Use of force to prevent suicide or other serious offences.

Question 10

Use of Force
Crimes Act 1961
Section 42

Answer 10

Use of force to prevent a breach of the peace.

Question 11

Use of Force
Crimes Act 1961
Section 48

Answer 11

Use of force in self defence or the defence of another.

Question 12

Use of Force
Crimes Act 1961
Section 62

Answer 12

Everyone authorised by law to use force is criminally responsible for any excess of force.

Question 13

Use of Force
Crimes Act 1961
Section 59

Answer 13

Parental use of force
Reasonable to:
a. Prevent/minimise harm to child/another person
b. Prevent criminal offences
c. Prevent disrupting behaviour
d. Performing daily tasks for good parenting
2. No force for correction

Question 14

Use of Force
Crimes Act 1961
Section 56

Answer 14

Use of force to prevent trespass by persons in peaceable possession of land and authorised by law.
No striking or Bodily harm.