Powers of Arrest

Question 1

Which power of arrest allows any person, whether PO or not, to apprehend without warrant at any time, any person they they find committing an offence where they believe on reasonable grounds that the apprehension is necessary?

Answer 1

Section 458 of the Crimes Act

Question 2

Explain the acronym CAPS in relation to section 458 of the Crimes Act:

Answer 2

C - To prevent the CONTINUATION of the offence

A - Ensure the ATTENDANCE of the offender in Court

P - PRESERVE public order

S - The SAFETY and welfare of the members of the public or the offenderd

Question 3

In order for the power of arrest under section 458 to be used, the person must have ‘finds committing’ in relation to the offender which means?

Answer 3

The arresting person must have found the offender either:
- actually committing the offence or;
- behaving or conducting himself in such circumstances that from their behaviour the person believed he was the offender (BORG).

Question 4

Section 458 is an arrest power for
Summary offences only.
True or False.

Answer 4

False. Also Indictable.

Question 5

There are three main methods of bringing a person before the court. What are they?

Answer 5

1. Arrest with Warrant
2. Arrest without Warrant
3. Summons

Question 6

Unless required by Law, there is NO obligation for a person to provide his name or address or any other information. True or False.

Answer 6

True.

Question 7

Which Act allows a PO to request a name and address from a person and what do they need have in order
to request this information from someone?

Answer 7

Section 456AA of the Crimes Act.
The PO needs BORG that the person has committed or is about to commit an offence whether indictable or summary.

Question 8

Which Section of the Crimes Act is not an arrest power:

A. Section 459
B. Section 456AA
C. Section 458

Answer 8

B. Section 456AA

Question 9

Which section under the Crimes Act would you use to arrest a person for an indictable offence?

Answer 9

Section 459

Question 10

A person has committed a serious indictable offence that is punishable by five years imprisonment and is in a house attempting to escape from custody. Which power allows you to enter the property?

Answer 10

Section 459A of the Crimes Act - Power of Entry.

Question 11

What are some factors to be considered when building a BORG prior to arresting someone?

Answer 11

• nature of the offence
• demeanour of the person being arrested
• circumstances of the arrest
• evasiveness or lying when answering questions
• evidence from witnesses

Question 12

Breach of the Peace is any disturbance of public order involving the threat of violence or harm to property. What is the offence and power of arrest to prevent Breach of the Peace occurring or continuing?

Answer 12

It is not an offence and there is no arrest power. Police under Common law have the power to take whatever actions reasonably necessary.

Question 13

Under Common Law police have the power to take whatever actions necessary to prevent Breach of the Peace occurring. These include what four examples?

Answer 13

1. Power to enter premises
2. Power to remove items
3. Power to give directions
4. Power to detain or restrain

Question 14

What does section 462A of the Crimes Act refer to?

Answer 14

Use of Force

Question 15

Section 464 of the Crimes Act defines a person ‘In Custody’ as what?

Answer 15

A. Under lawful arrest by warrant
B. Under lawful arrest without warrant under section 458 and 459
C. In the company of an investigating official and is being questioned

Question 16

When you have arrested a person you must give them Caution & Rights. True or False?

Answer 16

True

Question 17

When you are questioning a person about an offence and have a reasonable belief that they have committed the offence and you have an arrest power but have not arrested the person (but they are in custody or similar) you must give them Caution and Rights. True or False?

Answer 17

True

Question 18

When a suspect is undergoing a PBT or EBT or has been requested to give their name and address under 456AA, you are required to give them Caution & Rights. True or False?

Answer 18

False.

Question 19

Authority to search a person comes under three sources. What are they?

Answer 19

1. Common Law (Post Arrest)
2. Statute Law (Search Warrant or specific search powers without Warrant
3. A person can give informed consent

Question 20

The power to search and seize property from an already arrested person without consent is derived from Common Law. It is also conditional on the arresting member having SORG that the arrested person is in possession of what? (Eg. DIEE)

Answer 20

D - Objects which may cause DAMAGE

I - Objects which may cause INJURY

E - Objects which may assist in ESCAPE

E - Property that is material EVIDENCE in respect to the offence

Question 21

Every person taken into custody MUST be what one of three things within a reasonable time of being taken into custody?

Answer 21

1. Released Unconditionally; or
2. Released on Bail; or
3. Brought before a Magistrate or Justice

Question 22

What are the three stages of Arrest?

Answer 22

1. Preliminary stage
2. Execution stage
3. Security stage

Question 23

What are the enforcement options available to Police from most severe to least?

Answer 23

Charge and Remand
Charge and Bail
Charge and Summons
Infringement Notices

Question 24

What is meant by the term arrest?

Answer 24

The total restraint of a person for however short a time.

Question 25

A Bail decision maker is a person who is empowered under the Bail Act to make a decision in relation to Bail. Name four examples:

Answer 25

1. A court (Magistrate or Judge) 2. A Bail Justice 3. A Police Officer (Of or above the rank of Sergeant or in charge of a police station) 4. The Sheriff or an authorised person

Question 26

There are three different options when a person is granted Bail. What are they?

Answer 26

1. Released on their own undertaking without any conditions. 2. Released on their own undertaking with conduct conditions. 3. Released with a bail guarantee, with or without conduct conditions

Question 27

There are three different options when a person is granted Bail. What are they?

Answer 27

1. Released on their own undertaking without any conditions. 2. Released on their own undertaking with conduct conditions. 3. Released with a bail guarantee, with or without conduct conditions

Question 28

What form is required to be electronically completed and submitted to CDEB in relation to Bail decisions so that the details of the accused bail can be updated on LEAP?

Answer 28

L22

Question 29

When making a decision in relation to Bail, there are theee different tests that the BDM must consider. What are they?

Answer 29

1. Exceptional Circumstances test 2. Show Compelling Reasons test 3. Unacceptable Risk test

Question 30

Which Bail test must be applied each and every time someone is granted or refused Bail?

Answer 30

Unacceptable Risk test

Question 31

A Police BDM can only consider granting bail for a person charged with a Schedule 1 or 2 offence if they are one of three categories of people, otherwise they must be taken before the court for a bail decision. What are the three categories of people?

Answer 31

1. Aboriginal 2. Vulnerable Adult 3. Child

Question 32

Under the three Bail tests the onus is on the accused to satisfy the BDM as to whether there is any further existence of risk. True or False?

Answer 32

False. The onus is on the Prosecution under the Unacceptable Risk test.

Question 33

Describe Actus reus

Answer 33

The physical act associated with an offence

Question 34

Describe Mens rea and how it can be proved.

Answer 34

Men’s rea describes the state of mind of the accused at the time of the offence and is commonly described as the ‘guilty mind’. It can be proved by: - Admissions - Overt physical acts