Random Flashcards
Use of force: Crimes Act 1961 Section 39
Reasonable force used in executing an arrest.
Use of force: Crimes Act 1961 Section 40
Reasonable force used in preventing escape or rescue.
Use of force: Crimes Act 1961 Section 41
Force used in preventing suicide and certain offences.
Use of force: Crimes Act 1961 Section 42
Reasonable force used to prevent breach of the peace.
Use of force: Crimes Act 1961 Section 48
Force used in delf-defense and defense of another.
Use of force: Crimes Act 1961 Section 62
Excess use of force: Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.
Power of arrest Crimes Act 1961 Section 315 (2)(A) + 315(2)(B)
Any constable (and all persons whom they called to their assistance) may arrest and take into custody without warrant anyone who he:
A- finds disturbing the peace OR committing any offence punishable by imprisonment.
B- has good cause to suspect of having committed a breach of the peace OR committed any offence punishable by imprisonment.
Power of arrest Summary Offences Act 1981 39 (1) + 39 (2)
Any constable (and all persons whom they called to their assistance) may arrest and take into custody without warrant anyone who he:
1- Has good cause to suspect of having committed an offence against this act (except sections 17-20, 25, 32-38).
2- Within view does an act the constable believes is an offence against sections 17-20, 25, 32-38 AND fails to give name & address or gives false particulers.
What is WEEP (reasons to arrest)
W- Witness/Victim protection
E- Ensure appearance in court
E- Ensure safety of evidential material
P- Prevent further offences
Formal ‘Arrest’ procedure
You are under arrest for ….
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Formally touching the person
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Acknowledgement / agreement from person (running away = acknowledgement)
Section 316 of the Crimes Act 1961 states that a person under arrest must be:
Informed of the reason of arrest at the time of the arrest, unless it is impracticable to do so.
Bill of rights act 1990 Section 21
Everyone has the right to be secure against unreasonable search and seizure of their person, property or correspondance.
Bill of rights act 1990 Section 22
Everyone has the right not to be arbitrarily arrested or detained.
Bill of rights act 1990 Section 23
Every person arrested or detained under any enactment have rights and must be informed of those rights.
Bill of rights act 1990 Section 24
Every person charged with an offence have certain rights and must be informed of their rights.