The Power Of Arrest

Question 1

Power of without Arrest

Answer 1

A constable’s powers of arrest without warrant are found in either:
section 315 of the Crimes Act 1961, or
some other statute giving authority to arrest; for example, section 39 of
the Summary Offences Act 1981.
There are numerous other powers but, in the main, these are the two arrest
powers most often used by the police.

Question 2

Crime Act 1961

315(2)(a)

HE FINDS

Answer 2

Disturbing the public
peace
OR
committing any
offence

Punishable by imprisonment

Question 3

315(2)(b)

HE HAS GOOD CAUSE TO SUSPECT

Answer 3

Of having
committed a breach
of the peace
OR
any offence

Punishable by imprisonment

Question 4

SUMMARY OFFENCES ACT 1981

39(1)

HE HAS GOOD CAUSE TO SUSPECT

Answer 4

Of having
committed an
offence against this
Act

Except Sections 17- 20, 25, 32-38.

Question 5

39(2)

WITHIN HIS VIEW

Answer 5

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.
Arrest for the
offence seen being
committed (e.g.
excreting in a public
place).