Preventative Offences

Question 0

What are your powers of arrest for section 57?

Answer 0

If in uniform can arrest. No power to search (unless detain)
If not in uniform must show ID and can arrest (no power to search unless detain).
If an owner, tenant, occupier, or other authorised person (e.g. Security guard) can arrest if found on property, cannot arrest if they have left.

Question 1

Explain the offence under sec 57(1) of civic gov’t act 1982…

Answer 1

Makes it an offence for a person to be found without lawful authority in or on any building or other premises (enclosed or not) or within its curtilage, or in a vehicle or vessel. (Private place)
So that in reasonable circumstances it may be reasonably inferred that they are intending to commit theft.

Question 2

What is the offence under sec 58(1) civic gov’t act 1982?

Answer 2

Makes it an offence for a certain person who has or has recently had in their possession, any tool or other object, from the possession of which it may be reasonably inferred that they intended to commit theft or have committed theft, AND they are unable to satisfactorily demonstrate that their possessions of such tools or objects were not for the purpose of committing theft.
(Private place)

Question 3

Under sec 58(1) what is a certain person?

Answer 3

Someone who is over 16 and has 2 or more unspent convictions of theft inc robbery.

Question 4

How long until a fine is spent?

Answer 4

5 years

Question 5

How long until imprisonment up to 6 months is spent?

Answer 5

7 year

Question 6

How long until imprisonment of up to 30 months is spent?

Answer 6

10 years.

Question 7

How long until imprisonment of more than 30 months is spent?

Answer 7

Never spent.

Question 8

What powers of arrest exist for sec 58(1)?

Answer 8

Constable in uniform may arrest

Constable in plain clothes must show ID to arrest