Powers To Arrest

Question 1

What are the two primary Acts used for the power of arrest?

Answer 1

Crimes Act 1961

Summary Offences Act 1981

Question 2

The power of arrest under the Crimes Act 1961, what does section 315(2)(a) constitute an arrest?

Answer 2

Any person FOUND;

Disturbing the public peace

OR

Committing any offence punishable by imprisonment.

Question 3

The power of arrest under the Crimes Act 1961, what does section 315(2)(b) constitute an arrest?

Answer 3

GOOD CAUSE TO SUSPECT;

Having committed a breach of the peace

OR

Committed any offence punishable by imprisonment.

Question 4

Section 39(1) of the Summary Offences Act 1981 refers to what?

Answer 4

Good cause to suspect;

Having committed an offence against this Act

Question 5

Section 39(2) of the Summary Offences Act 1981 refers to what?

Answer 5

Within their view, does an act which the constable believe is an offence against Sections:17-20, 25, 32-38 (certain sections) and fails to give name and address or false details.

Question 6

What is the arrest procedure?

Answer 6

You must say “you are under arrest”
+
Formal touching of the person being arrested
OR
A confirmation from the person being arrested that they will submit to the process.

Question 7

What are the caution rights?

Answer 7

You are under arrest for _____.
You have the right to remain silent.
You do not have to make any statement.
Anything you do 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 may speak to for free.