CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 4 - Arrest and related matters  

SECTION 3W   Power of arrest without warrant by constables  

(1)  
A constable may, without warrant, arrest a person for an offence (other than a terrorism offence and an offence against section 80.2C of the Criminal Code ) if the constable believes on reasonable grounds that:


(a) the person has committed or is committing the offence; and


(b) proceedings by summons against the person would not achieve one or more of the following purposes:


(i) ensuring the appearance of the person before a court in respect of the offence;

(ii) preventing a repetition or continuation of the offence or the commission of another offence;

(iii) preventing the concealment, loss or destruction of evidence relating to the offence;

(iv) preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;

(v) preventing the fabrication of evidence in respect of the offence;

(vi) preserving the safety or welfare of the person.

(2)  
If:


(a) a person has been arrested for an offence under subsection (1); and


(b) before the person is charged with the offence, the constable in charge of the investigation ceases to believe on reasonable grounds:


(i) that the person committed the offence; or

(ii) that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b);

the person must be released.

(3)  
A constable may, without warrant, arrest a person whom he or she believes on reasonable grounds has escaped from lawful custody to which the person is still liable in respect of an offence.




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