The Power Of Arrest Flashcards

0
Q

What are the powers of arrest without warrant?

A
  • Section 315 of the crimes act 1961
    (Penalty more than 3 months imprisonment)

*Section 39 of the summary offences act 1981
(Financial penalty or less than 3 months imprisonment)

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1
Q

What is arrest?

A

An arrest is a statement from a constable:

  • “You are under arrest.”
    PLUS
  • formally touching the body of the person being arrested, eg by placing a hand on the offender’s shoulder
    OR
  • an agreement from the person being arrested that they will submit to the process.
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2
Q

For powers of arrest without warrant what is Section 315(2)(a) of the Crimes Act 1961?

A

HE FINDS

Disturbing the public peace
OR
Committing any offence

Punishable by imprisonment

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3
Q

For powers of arrest without warrant what is Section 315(2)(b) of the Crimes Act 1961?

A

HE HAS GOOD CAUSE TO SUSPECT

Of having committed a breach of the peace
OR
Any offence

Punishable by imprisonment

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4
Q

For powers of arrest without warrant what is Section 39(1) of the Summary Offences Act 1981?

A

HE HAS GOOD CAUSE TO SUSPECT

Of having committed an offence against this Act

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

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5
Q

For powers of arrest without warrant what is Section 39(2) of the Summary Offences Act 1981?

A

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

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6
Q

When arresting someone what must you always do?

A

Tell the person the reason for the arrest (unless it is obvious or it is impractical to do so).

Must give them their Rights/Caution immediately following the arrest.

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