The Power of Arrest

Question 0

What are the Powers of Arrest under the Summary of Offences Act 1981?

Answer 0

39(1)
GOOD CAUSE TO SUSPECT

Having committed an offence against Summary of Offences Act 1981
EXCEPT Sect 17-20,25,32-38

39(2)
WITHIN HIS/HER VIEW

Does an act which constable believes is an offence against sections 17-20, 25, 32-38
AND
Fails to give name & address or false details.

Question 1

What are the Powers of Arrest under the Crimes Act 1961?

Answer 1

315(2)(a)
ANY PERSON FINDS/SEES

Disturbing the public peace
OR
Committing any offence punishable by imprisonment.

315(2)(b)
GOOD CAUSE TO SUSPECT

Having committed a Breach of the Peace
OR
Any offence punishable by imprisonment.

Question 2

What is the definition of:

Section 316?

Answer 2

Tell the person “you are under arrest for..”

Question 3

What is the definition of Public Peace?

Answer 3

Breach whenever harm is actually done or likely to be done to:

• a person
• a person’s property, in that
  persons presence, or
• a person is in fear of being harmed through assault, a riot, un-
  lawful assembly or other disturbance.