3 Questions
Under what circumstances can a police officer arrest a person without a warrant for summary conviction, dual procedure, or 553 indictable offences?
If there are reasonable grounds to believe the public interest has been satisfied
What are the options for releasing an offender who has been arrested without a warrant for summary conviction, dual procedure, or 553 indictable offences when the public interest has been satisfied?
Unconditional release with no intent to proceed to court, unconditional release with intent to seek a criminal summons, or by way of an Appearance Notice (Form 9)
Can a police officer continue to arrest a person without a warrant for a dual procedure offence if the public interest has been satisfied?
Yes, if the public interest is not satisfied
Study Notes
Arrest Without a Warrant
- A police officer can arrest a person without a warrant for summary conviction, dual procedure, or 553 indictable offences under certain circumstances.
Circumstances for Arrest Without a Warrant
- The officer has reasonable grounds to believe the person has committed or is about to commit an offence.
- The officer has reasonable grounds to believe the person is likely to cause bodily harm to themselves or others.
- The officer has reasonable grounds to believe the person has breached or is about to breach a court order.
Releasing an Offender Without a Warrant
- When the public interest has been satisfied, an offender arrested without a warrant can be released:
- By giving them a promise to appear (written undertaking to appear in court).
- By issuing a summons (a written order to appear in court).
- By releasing them on a recognizance (a written promise to appear in court).
Dual Procedure Offences
- If the public interest has been satisfied, a police officer cannot continue to arrest a person without a warrant for a dual procedure offence.
- The officer must release the person using one of the options mentioned above.
Test your knowledge on the circumstances under which a police officer can make an arrest without a warrant for summary conviction, dual procedure or 553 indictable offences. Learn about the considerations that must be taken into account, including the need to establish the identity of the person, secure or preserve evidence, and prevent the continuation or repetition of the offence.
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