LEPRA

Section 101 of LEPRA - Power to arrest with warrant

(1) A police officer acting in accordance with a warrant issued under any Act or law may arrest or deal with the person named in the warrant in accordance with the warrant. (2) The police officer may take action whether or not the warrant is in his or her possession.

Section 102 of LEPRA - Power to arrest persons who are unlawfully at large

(1) A police officer may, with or without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person is a person who is unlawfully at large. (2) A police officer who arrests a person under this section must, as soon as is reasonably practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law. (3) The authorised officer may, by warrant, commit the person to a correctional centre, to be kept in custody under the same authority, and subject to the same conditions and with the benefit of the same privileges and entitlements, as would have applied to the person if the person had not been unlawfully at large. The statutory definition of a person unlawfully at large is contained in section 102(4) which states: (4) In this section, a reference to a person unlawfully at large is a reference to a person who is at large (otherwise than because of escaping from lawful custody) at a time when the person is required by law to be in custody in a correctional centre.

Section 99(1) and (4) Power of police officers to arrest without warrant

(1) A police officer may, without a warrant, arrest a person if: (a) the person is in the act of committing an offence under any Act or statutory instrument, or (b) the person has just committed any such offence, or (c) the person has committed a serious indictable offence for which the person has not been tried. (4) A police officer who arrests a person under this section must, as soon as is reasonably practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law. If the chain of pursuit is broken and the constable sees the accused sometime, or even days later application of section 99(2) comes into effect. The constable no doubt can point to a reasonable cause to suspect, on the basis of the earlier evidence of escaping the original pursuit.

Section 99(2)

(2) A police officer may, without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person has committed an offence under any Act or statutory instrument. The power of arrest without warrant cannot be exercised merely on the basis of a suspicion held by the police officer making the arrest. Two factors have to be taken into account: • there is a suspicion; and • that suspicion is reasonable.

Section 104 of LEPRA- Power to arrest for interstate offences states:

(1) This section applies to an offence (an interstate offence): (a) that is an offence against the law of a State (other than New South Wales) or a Territory, and (b) that consists of an act or omission that, if it occurred in New South Wales, would constitute an indictable offence or an offence punishable by imprisonment for 2 years or more. (2) A police officer may, at any hour of the day or night and without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person has committed an interstate offence. A person so arrested must be taken as soon as practicable before a New South Wales court to be dealt with in accordance with the commonwealth law relating to extraditions between jurisdictions in Australia. Section 104 of LEPRA provides that a person so detained is to have the same rights and be dealt with in the same way (on the question of bail) as a person charged with a similar offence in New South Wales.

Section 99(3) of LEPRA A police officer must not arrest a person for the purpose of taking proceedings for an offence against the person unless the police officer suspects on reasonable grounds that is necessary to arrest the person to achieve one or more of the following purposes:

(a) to ensure the appearance of the person before a court in respect of the offence, (b) to prevent a repetition or continuation of the offence or the commission of another offence, (c) to prevent the concealment, loss or destruction of evidence relating to the offence, (d) to prevent harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence, (e) to prevent the fabrication of evidence in respect of the offence, (f) to preserve the safety or welfare of the person.

Section 201(2) LEPRA

A police officer must comply with subsection (1) in relation to a power referred to in subsection (3) (other than subsection (3) (g), (i) or (j)): (a) if it is practicable to do so, before or at the time of exercising the power, or (b) if it is not practicable to do so before that time, as soon as it is reasonably practicable after exercisingthe power.

Section 201(3) LEPRA

A police officer must comply with subsection (1) in relation to a power referred to in subsection (3)(g), (i) or (j) before exercising the power, except as otherwise provided by subsection (2B).

Section 201(1) LEPRA

A police officer must provide the person subject to the exercise of a power referred to in subsection (3) with the following: (a) evidence that the police officer is a police officer (unless the police officer is in uniform, (b) the name of the police officer and his or her place of duty, (c) the reason for the exercise of the power, (d) repealed.

Arresting for a Breach of the Peace

There is a breach of peace whenever harm is done or is likely to be done to a person, or in his presence to his property, or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or some other disturbance.

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This section applies to the exercise of the following powers (whether or not conferred by or under this Act): (a) a power to search or arrest a person, (b) a power to search a vehicle, vessel or aircraft, (c) a power to enter premises (not being a public place), (d) a power to search premises (not being a public place), (e) a power to seize any property, (f) a power to stop or detain a person (other than a power to detain a person under Part 16) or a vehicle, vessel or aircraft, (g) a power to request a person to disclose his or her identity or the identity of another person, (h) a power to establish a crime scene at premises (not being a public place), (i) a power to give a direction to a person, (j) a power under section 21A to request a person to open his or her mouth or shake or move his or her hair, (k) a power under section 26 to request a person to submit to a frisk search or to produce a dangerous implement or metallic object.

Section 105 of LEPRA allows an arrest to be discontinued at any time, for example, if:

• the person is no longer a suspect or the reason for the arrest no longer exists; and • it is more appropriate to deal with the matter in another way such as warning, caution, penalty notice or court attendance notice.