The Power of Arrest

Question 1

The Power of Arrest

Section 316 - Crimes Act 1961

Answer 1

Any person who is arrested must be informed at the time of the arrest of the reason for the arrest unless:
- the reason is obvious
OR
- it is impractical to do so

Question 2

The Power of Arrest

Section 315(2)(a) - Crimes Act 1961

Answer 2

Any person found

Disturbing the peace
OR
Committing an offence punishable by imprisonment

Question 3

The Power of Arrest

Section 315(2)(b) - Crimes Act 1961

Answer 3

Good cause to suspect

Of having committed a breach of the peace
OR
Of committing an offence punishable by imprisonment

Question 4

The Power of Arrest

Section 39(1) - Summary Offences Act 1981

Answer 4

Good cause to suspect

Of having committed an offence against the Summary Offences Act Except Sections 17-20, 25, 32-38

Question 5

The Power of Arrest

Section 39(2) - Summary Offences Act 1981

Answer 5

Any person found

Doing an act which is an offence against Sections 17-20, 25, 32-38
AND
Fails to give name and address or gives false details

Question 6

The Power of Arrest

If you arrest a person to preserve the public peace, you can keep the person in custody for:

Answer 6

Up to 2 hours. They do not go to court unless you charge them with a specific offence, such as disorderly behaviours or assault, within those 2 hours.