The Power Of Arrest Flashcards
What are the powers of arrest without warrant?
- Section 315 of the crimes act 1961
(Penalty more than 3 months imprisonment)
*Section 39 of the summary offences act 1981
(Financial penalty or less than 3 months imprisonment)
What is arrest?
An arrest is a statement from a constable:
- “You are under arrest.”
PLUS - formally touching the body of the person being arrested, eg by placing a hand on the offender’s shoulder
OR - an agreement from the person being arrested that they will submit to the process.
For powers of arrest without warrant what is Section 315(2)(a) of the Crimes Act 1961?
HE FINDS
Disturbing the public peace
OR
Committing any offence
Punishable by imprisonment
For powers of arrest without warrant what is Section 315(2)(b) of the Crimes Act 1961?
HE HAS GOOD CAUSE TO SUSPECT
Of having committed a breach of the peace
OR
Any offence
Punishable by imprisonment
For powers of arrest without warrant what is Section 39(1) of the Summary Offences Act 1981?
HE HAS GOOD CAUSE TO SUSPECT
Of having committed an offence against this Act
Except sections 17-20, 25, 32-38.
For powers of arrest without warrant what is Section 39(2) of the Summary Offences Act 1981?
WITHIN HIS VIEW
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
When arresting someone what must you always do?
Tell the person the reason for the arrest (unless it is obvious or it is impractical to do so).
Must give them their Rights/Caution immediately following the arrest.
