Police Powers Flashcards
1
Q
What are the common law elements of Arrest?
A
- Sufficient act of arrest
- Informing person that they are under arrest
- Communicating reasons for arrest
2
Q
When can a person be arrested without warrant?
A
A person can be arrested without warrant if a Police Officer believes on reasonable grounds that the person has committed an indictable offence in Victoria. “Reasonable grounds” requires the existence of facts which are sufficient to induce that state of mind in a reasonable person.
3
Q
Who can a “warrant to arrest” be issued by?
A
A warrant may be issued by High Court Judges, Judges of the SCV or CCV, or the Magistrate and registry of the MCV. A warrant must be signed and in writing
