Arresting Persons Without a Warrant

Arresting persons without a warrant (see section 365 of the Police Powers and Responsibilities Act 2000)

It is lawful for a police officer, without warrant, to arrest an adult the police officer reasonably suspect has committed or is committing an offence if it is reasonably necessary for one or more of the following reasons:

(i) to prevent the continuation or repetition of an offence or the commission of another offence;

(ii) to make inquiries to establish the person's identity;

(iii) to ensure the person's appearance before a court;

(iv) to obtain or preserve evidence relating to the offence;

(v) to prevent the harassment of, or interference with, a person who may be required to give evidence relating to the offence;

(vi) to prevent the fabrication of evidence;

(vii) to preserve the safety or welfare of any person, including the person arrested;

(viii) to prevent a person fleeing from a police officer or the location of an offence;

(ix) because the offence is an offence against ss. 790: 'Offence to assault or obstruct police officer', or 791: 'Offence to contravene direction or requirement of police officer' of the Police Powers and Responsibilities Act 2000;

(x) because the offence is an offence against s. 80: 'Breach of order of conditions' of the Domestic and Family Violence Protection Act 1989;

(xi) because of the nature and seriousness of the offence; or

(xii) because the offence is an offence against s. 135(4): 'Person near prisoner' or s. 136: 'Temporary detention for security offence' of the Corrective Service Act 2006.

Also, it is lawful for a police officer:

(i) without warrant, to arrest a person the police officer reasonably suspects has committed or is committing an indictable offence, for questioning the person about the offence, or investigating the offence, under chapter 15 of the Police Powers and Responsibilities Act 2000; and

(ii) subject to section 13 of the Juvenile Justice Act 1992, to arrest a child without warrant if the police officer reasonably suspects the child is committing or has committed an offence.

Other provisions of the Police Powers and Responsibilities Act 2000 relating to arrests without warrant include:

(i) s. 366: ‘Arrest of escapees etc’;

(ii) s. 367: ‘Arrest of persons granted bail’;

(iii) s. 368: ‘Arrest of person given notice to appear or summons’;

(iv) s. 374: ‘Power of arrest for offences committed outside the State’.

Information to be given to an arrested person (see s. 391 of the Police Powers and Responsibilities Act 2000).
A police officer who arrests a person, whether or not under a warrant, must, as soon as is reasonably practicable after the arrest, inform the person that the person is under arrest and of the nature of the offence for which the person is arrested.

A police officer who arrests a person with a warrant must inform the person that the person is under arrest and of the nature of the warrant.

Before the person is released from police custody, a police officer must give to the person, in writing, the name, rank and station of the arresting officer.

Parent and chief executive must be advised of arrest of child (see s. 392 of the Police Powers and Responsibilities Act 2000).

A police officer who arrests a child must promptly provide advice of the arrest and whereabouts of the child to:

(i) a parent of the child, unless a parent can not be found after reasonable inquiry; and

(ii) the chief executive (communities) or a person, nominated by that chief executive for the purpose; and

(iii) if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999, that chief executive or a person, nominated by that chief executive for the purpose.

Duty of a police officer after the arrest of a person (s. 393 of the Police Powers and Responsibilities Act 2000).
If a police officer:

(i) arrests a person, without warrant, for an offence;

(ii) arrests a person under a warrant for an offence, whether under the Police Powers and Responsibilities Act 2000 or another Act;

(iii) arrests a person under ss. 367: 'Arrest of person granted bail', or 368: 'Arrest of person given notice to appear or summons' of the Police Powers and Responsibilities Act 2000; or

(iv) receives into custody a person who is arrested or detained by someone other than a police officer;

the police officer must, as soon as reasonably practicable, take the person before a court to be dealt with according to law, unless the person:

(i) is released under Chapter 14, Part 4: ‘Discontinuing arrest’ of the Police Powers and Responsibilities Act 2000;

(ii) is being detained under Chapter 15: 'Powers and responsibilities relating to investigations and questioning for indictable offences' of the Police Powers and Responsibilities Act 2000 for an indictable offence;

(iii) is being detained under s. 80: 'Provisions with respect to breath tests and laboratory tests' of the Transport Operations (Road Use Management) Act 1995;

(iv) is arrested under a warrant that requires the officer to take the person before another body or to another place;
(v) is delivered into the custody of a watchhouse manager or the officer-in-charge of a police establishment;

(vi) is a prisoner under the Corrective Services Act 2006 and is taken to a prison or to a watchhouse — until the person can be conveniently taken to a prison; or

(vii) escaped from lawful custody while a prisoner of a court and is taken to a police station or watchhouse — until the person can be conveniently returned to the custody of the proper officer of the relevant court.