Powers Of Arrest Without A Warrant

Question 1

What is the primary legislation governing the power of arrest without a warrant for police officers?

Answer 1

Law Enforcement (Powers and Responsibilities) Act (2002)

This act outlines the conditions under which police officers may arrest individuals without a warrant.

Question 2

Under what conditions can a police officer arrest a person without a warrant?

Answer 2

A police officer may arrest a person without a warrant if:
* The officer suspects on reasonable grounds that the person is committing or has committed an offence.
* The arrest is reasonably necessary for one or more specified reasons.

Question 3

What is one reason a police officer can arrest a person without a warrant?

Answer 3

To stop the person committing or repeating the offence or committing another offence

This reason addresses the prevention of ongoing criminal activity.

Question 4

Fill in the blank: A police officer may arrest a person without a warrant to stop the person _______.

Answer 4

fleeing from a police officer or from the location of the offence

Question 5

What is a reason related to identity for which a police officer can arrest a person without a warrant?

Answer 5

To enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the provided identity information is suspected to be false

Question 6

True or False: A police officer can arrest a person to ensure that the person appears before a court in relation to an offence.

Answer 6

True

Question 7

What is one purpose of arresting a person related to evidence?

Answer 7

To preserve evidence of the offence or prevent the fabrication of evidence

Question 8

List two reasons a police officer may arrest a person to protect others.

Answer 8

• To prevent the harassment of, or interference with, any person who may give evidence in relation to the offence
• To protect the safety or welfare of any person (including the person arrested)

Question 9

What factor can lead to a police officer arresting a person based on the nature of the offence?

Answer 9

Because of the nature and seriousness of the offence

Question 10

Can a police officer discontinue the arrest at any time?

Answer 10

Yes

This is indicated in section 105 of the act.