5 Questions
What is the primary reason a constable must inform the arrested person of the relevant circumstances of the arrest?
To facilitate the arrest process and provide necessary information
What is the primary basis for a constable's suspicion of an individual who is about to commit an offence?
Reasonable grounds based on known facts and information
What is the primary consideration for a constable when deciding whether to arrest an individual?
The necessity of the arrest to prevent harm or further offences
What is the primary purpose of the custody officer being informed of the relevant circumstances of the arrest?
To facilitate the arrest process and provide necessary information
What is the primary distinction between a constable's suspicion of an individual who is about to commit an offence and one who has already committed an offence?
The timing of the suspected offence
Study Notes
Arrest Procedure
- A person who has been arrested must be informed of the reason for their arrest, even if it is obvious, and of the circumstances surrounding the arrest.
- The custody officer must be informed of these matters upon arrival at the police station.
Grounds for Arrest
- A constable can arrest without a warrant anyone who:
- Is about to commit an offence or is in the act of committing an offence.
- Has reasonable grounds to suspect is about to commit an offence or to be committing an offence.
- Has reasonable grounds to suspect is guilty of an offence that has been committed.
- Is guilty of an offence that has been committed.
Reasonable Suspicion
- There must be some reasonable, objective grounds for the suspicion, based on known facts and information relevant to the likelihood of the offence being committed.
Necessity Criteria
- The power of arrest is only exercisable if the constable has reasonable grounds for believing that it is necessary to arrest the person.
- The constable must justify the reason or reasons why a person needs to be arrested, using one or more of the necessity criteria.
Exercise of Power
- The arresting officer has discretion to decide whether to arrest, grant street bail, report for summons, issue a penalty notice, or take other action.
- The power of arrest can be used to deal with any situation, but the constable must examine and justify the reason for the arrest.
This quiz covers the rules and protocols for arresting a person, including the information they must be informed of and the role of the custody officer.
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