The Power of Arrest

Question 1

Purpose of Arrest

Answer 1

• Safeguarding the public interest (prevent offender committing further offences or destroying evidence.
• Ensuring the person appears in court.
• Protecting the persons own interests.

Question 2

What is arrest?

Answer 2

Statement from a constable: “ You are under arrest”

PLUS one of the following:

Formally touching the body of the person being arrested
e.g. placing a hand on the offenders shoulder .

OR

An agreement from the person being arrested that they will submit to the process.

Question 3

What act does the Bill of Rights Caution refer to?

Answer 3

Section 23 of the Bill of Rights Act 1990.

Question 4

Arrest without a warrant.

What gives an officer powers of arrest without a warrant?

Answer 4

Either :

Section 315 of the Crimes Act 1961

OR

Another statute giving powers of arrest

e.g.
Section 39 of Summary Offences Act

Question 5

Crimes Act 1961
Section 315 (2)(a) & (b)

Answer 5

Any constable and all persons whom they call to their assistance may arrest and take into custody, without a warrant, any person who :

(a) He Finds
Disturbing the public peace OR Committing any offence
Punishable by imprisonment.

(b) He has good cause to suspect
of having comitted a breach of the peace OR any offence
Punishable by imprisonment.

Question 6

Summary Offences Act 1981
Section 39(1) & (2)

Answer 6

Any constable and all persons whom they call to their assistance may arrest and take into custody, without a warrant, any person who :

(1) He has good cause to suspect
of having committed any offence against this act
except sections 17-20,25,32-38.

(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.
Arrest for the offence seen being committed.

Question 7

Breaching the Peace

Answer 7

• You can arrest someone you believe is disturbing the public peace if they are likely to commit an offence.
• You have a right to arrest them to preserve the peace.
• If you do so you can only keep them in custody for two hours.
• They do not go to court unless you charge them with a specific offence such as disorderly behaviour or assault during those two hours.