The Power Of Arrest Flashcards
How does the BOR and practice notes fit into arrest?
An offender arrested must be given their rights / caution immediately following the arrest so they can exercise those rights.
Or if there is sufficient evidence to charge a person with an offence, you must give them their rights before questioning
What are your powers of arrest under sections 315 crimes act and 39 summary offences?
Any constable and all person whom they call to their assistance may arrest and take into custody, without warrant, any person who:
315(2)(a) - HE FINDS disturbing the public peace OR committing any offence punishable by imprisonment
315(2)(b) - HE HAS GOOD CAUSE TO SUSPECT of having committed a breach of the peace OR any offence punishable by imprisonment
39(1) - HE HAS GOOD CAUSE TO SUSPECT of having committed an offence against this act EXCEPT sections 17-20, 25, 32-38
39(2) - WITHIN HIS VIEW does an act the constable believes is an offence against sections 17-20, 25, 32-38 and fails to give name and address or gives false details
What must you do and say for the arrest to be valid?
“You are under arrest”
AND EITHER
formally to the offenders body
or
An agreement from the person being arrested they will submit to the process
What is the difference between arrest with and without warrant?
Without a warrant the power comes from 315 of crimes a t 1961 or other statute giving authority to arrest like summary offences act 1981.
With warrant is from the judicial service
What does may arrest mean?
It is officers discretion. Perhaps it wouldn’t be appropriate to charge the person, and a warning would be suffice
What would you do when you come across a “warrant arrest” reference on the computer?
Validate the warrant. Check it is still current in NIA
What legal protection do you have when exercising a power of arrest?
As long as you act in good faith you are protected form criminal action but not from civil action.
What must you do in relation to section 316 of the crimes act 1961
The person who has been arrested must be informed at the time of the arrest what they’re being arrested for unless it is obvious
Define public peace
You can arrest someone you believe is disturbing the public peace if they are likely to commit a disorder offence or cause another to commit a disorder offence.
