Arrest Powers
What is POWAID
To P - Police (Section 99) - police powers of Arrest O - Others (Section100) - citizens to arrest if committed an offence W - Warrant (Section 101) - arrest person in warrant A - At large (Section 102) - reasonable grounds at large I - Interstate (Section 104) - must be indictable offence D - Discontinue arrest (Section 105) - may be done at any time
When can police arrest
1. Offence: suspect on reasonable grounds an offence has been committed or is being committed - Section 99 1(a) + Section 99 1 (b) LEPRA (Law Enforcement (Powers and Responsibilities) Act 2002)). 2. Warrant: there is a warrant for the arrest of that person - Section 101 LEPRA. 3. Breach of the Peace - prevent or terminate (Common Law) 4. Specific power: for example, Breach of bail - Section 77 Bail Act 2013, Conduct breath analysis - Sch.3, Cl.4 Road Transport Act 2013.
Ways to make an arrest
1. Officer states in terms that the suspect is under arrest. The suspect complies 2. Use of Force to restrain the Suspect 3. Officer makes it clear that they will if necessary use force to prevent the individual from going
Police Powers of Arrest 99 (3)
ASAP take the person before an authorised officer A police officer who arrests a person under this section must, as soon as is reasonably practicable, take the person before an authorised officer to be dealt with according to law.
Police Powers of Arrest 99 (5)
Already been Tried This section does not authorise a person to be arrested for an offence for which the person has already been tried.
Arrest in a legal context
Arrest in a legal context Arrest is the total restraint of a persons liberty of another is affective from the moment a person is not free to come and go as he/she pleases "Arrest is where an officer plainly conveys by words or actions that a suspect is not free to leave" (NSW Court of Criminal Appeal). A detailed person is not someone who is free to leave the detainment of police. They are under arrest.
Police Powers of Arrest 99 (2)
By another officer (2) A police officer may also arrest a person without a warrant if directed to do so by another police officer. The other police officer is not to give such a direction unless the other officer may lawfully arrest the person without a warrant.
what is FINECHAPS
FINE CHAPS - Section 99(1b) LEPRA - arrest is reasonable for one of the following reasons F - stop the person fleeing from a police officer or from the location of the offence I - To enable enquiries to be made to establish the person's identity if it cannot be readily established N - Nature or seriousness of the offence E - Preserve Evidence of the Offence or prevent fabrication of Evidence C - Committing another offence H - Harassment of, or interference A - Ensure person appears beef court P - Obtain property in their possession S - For their safety
What is 202 LEPRA (Safeguards)
I.P.E I - Inform the person of the reason for the exercise of the power P - Provide name and place of duty E - Evidence you are a police officer (unless in uniform)
Police Powers of Arrest 99 (4)
Investigation A person who has been lawfully arrested under this section may be detained by any police officer under Part 9 for the purpose of investigating whether the person committed the offence for which the person has been arrested and for any other purpose authorised by that Part. Under Section 99 (4) a person can be detained AFTER arrest under Part 9 of LEPRA for the purposes of investigating that person's involvement in the commission of the offence. (This includes conducting any DNA testing, fingerprinting, ID parades, record of interview, charging process, etc.) Note: NOT FOR QUESTIONING
Powers to Arrest
LEPRA 99 (1a) - Police officers MAY arrest without a warrant if, suspects on REASONABLE GROUNDS that the person has or is committing an offence
What is reasonable force in regards to an arrest
Section 231 LEPRA: Exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest A police officer or other person who
What do you need for a lawful arrest
Section 99(1)(a) + Section 99(1)(b) LEPRA + Section 201 LEPRE (IPE). Or RESONABLE GROUNDS + FINCHAPS + IPE
Define Arrest
• Arrest is the total restraint of the personal liberty of another • It is effective from the moment a person is not free to come and go as he/she pleases
Alternatives to arrest
• No action • Warning • Penalty Notice • Field Court Attendance Notice (FCAN) • Future Service Court Attendance Notice (FSCAN)
Elements of a Lawfull arrest
• The arrest is for an object sanctioned by law (arrest for offence, warrant, BOP, or specific power) • There is a sufficient act of arrest to detain the liberty of the suspect (restraint/submission) • The officer notifies the suspect they are under arrest • IPE
Juvenile alternatives to arrest 10-18
• Warning • Caution • Youth Justice Conference