Arrest and Alternatives Flashcards
What are prescribed circumstances for searching a person
- Committing or is about to commit an offence
- In possession of offensive weapon, drug or evidence
Reasons for arresting a person
- Prevent continuation of an offence
- to establish identity
- ensure appearance before the courts
- suspects has or is committing an indictable offence
What information must be given to offender when arrested
- inform the person they are under arrest and the nature of the offence
- Name, rank and station of the arresting officer
Who must Police advised when arresting a child
- Parent or chief executive (communities) if parents can not be found.
the above must be made aware of the NTA and child’s whereabouts
When do Police not need to promptly contact a child’s parents
Police on reasonable grounds believes the person to be an Adult at the time of arrest.
Detention Time Period
Reasonable time to investigate for an indictable offence
- 8 hrs in total
- 4 hrs questioning
Detention time starts upon the persons arrest
Can an officer extend the time period of questioning a person
yes. application for extension
- Magistrates or JP in a magistrates court
if more than 12hrs it requires a magistrate
Alternatives to Arrest
- Complaint and summons
- Infringement
- Caution ( Warning)
- NTA
- Drug or Alcohol diversion
- take no action
When can a caution be given
- divert 1st time offenders
- minor matters
- finalizing incidents efficiently and effectively
- Victim must agree on the caution
- once given can not be changed
Eligible for caution
- minor in nature
- 1M
- 65yrs or older
- Offender must admit guilt
- no crim history in past 2yrs
Serving a Notice to appear
- Must be served directly, Discreetly if offender is a child
- Must be dated 14 dates or with the persons agreement to have it earlier
- Offence
- Details
- Officer details and signature
- Court details
Alternatives for children
- Take no action
- caution
- Refer to group conference
- Drug diversion
- Graffiti removal program
