IN06 Powers of Arrest

Question 1

What is arrest

Answer 1

“You are under arrest”

+

1) Formally touching the body of the person being arrested

OR

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

Question 2

Regarding duty of arrest what does Section 316 of the Crimes act 1961 State:

Answer 2

Any person who is arrested must be informed of the reason for their arrest unless the reason is obvious OR It is impractical to do so

Question 3

Regarding duty of arrest what does Section 23 of the Bill of Rights act 1990 State:

Answer 3

A person who has been arrested must be given their full of rights caution immediately following arrest.

Question 4

Regarding Powers of arrest, what is the section that grants these powers in the Crimes Act 1961

Answer 4

• Section 315 (2) (a) - He finds
  OR
• Section 315 (2) (b) - He has good cause to suspect

Question 5

Regarding Powers of arrest, what is the section that grants these powers in the Summary Offences Act 1981

Answer 5

Section 39 (1)

OR

39 (2)

Question 6

Elaborate on powers to arrest for Section 39 (1) Summary Offences act 1981

Answer 6

Elements:

• He has good cause to suspect
• Of having committed an offence against this act EXEPCT sections: 17-20, 25, 32-38.

Question 7

Elaborate on powers to arrest for Section 39 (2) Summary Offences act 1981

Answer 7

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 commuted (e.g excreting in a public place)

Question 8

What should I do if I have conflict of interest during an arrest?! I.E I arrest my mum

Answer 8

If there is a conflict of interest the officer must take all reasonable steps to avoid managing the scenario

E.G notifying a fellow constable of the situation and stepping back from any involvement

Question 9

What are some examples of having “Good cause to suspect”

Answer 9

• Witness statements
• Admissions from offender
• scene examination
• Observations

Question 10

How long can you hold somebody in custody with charge for breach of the peace?!

Answer 10

Maximum 2 Hours