Australian Capital Territory Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 6

substitute

56A     Arrest for failure to comply with bail condition

    (1)     This section applies if—

        (a)     a person has been granted bail in the ACT or a State; and

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

        (b)     a police officer believes on reasonable grounds that the person—

              (i)     has failed to comply with a bail condition; or

              (ii)     will not comply with a bail condition.

    (2)     A police officer may, without a warrant, arrest the person.

56AA     Police power to enter premises to arrest

    (1)     This section applies if—

        (a)     a police officer has power under section 56A to arrest a person without a warrant; and

        (b)     the offence for which the person has been granted bail is a relevant offence; and

        (c)     the police officer believes on reasonable grounds that the person is on premises that are not a public place.

    (2)     The police officer may enter the premises to search the premises for the person or to arrest the person, using the force that is necessary and reasonable in the circumstances.

    (3)     However, the police officer must not enter a dwelling house under this section unless the police officer believes on reasonable grounds that—

        (a)     it is necessary having regard to the circumstances of the person's failure to comply, or expected failure to comply, with the bail condition; and

        (b)     it would not be reasonable to arrest the person somewhere else; and

        (c)     for entry before 6 am or after 9 pm on any day—

              (i)     it is necessary to do so to prevent the concealment, loss or destruction of evidence of a matter relating to whether the person has failed to comply, or will not comply, with a bail condition; or

              (ii)     it would not be practicable to arrest the person at another time.

    (4)     In this section:

"dwelling house"—see the Crimes Act 1900

, section 220 (4).

"premises"—see the Crimes Act 1900

, section 185.

"public place"—see the Crimes Act 1900

, section 174.

"relevant offence"—see the Crimes Act 1900

, section 220 (4).

56AB     Police officer must announce entry before entering

    (1)     A police officer must, before entering premises under section 56AA (2)—

        (a)     announce that the police officer is authorised to enter the premises; and

        (b)     give any person at the premises an opportunity to allow entry to the premises.

    (2)     A police officer is not required to comply with subsection (1) if they believe on reasonable grounds that immediate entry to the premises is required to ensure—

        (a)     the safety of a person (including a police officer); or

        (b)     that the arrest is not frustrated.

56AC     Police powers on arrest for failure to comply with bail condition

The following sections of the Crimes Act 1900

apply in relation to the arrest of a person under section 56A as if the person were arrested for an offence:

        (a)     section 221 (Use of force in making arrest);

        (b)     section 222 (Persons to be informed of grounds of arrest);

        (c)     section 223 (Power to conduct frisk search of arrested person);

        (d)     section 224 (Power to conduct ordinary search of arrested person);

        (e)     section 225 (Power to conduct search of arrested person's premises);

        (f)     section 226 (Power to conduct search at police station);

        (g)     section 227 (Power to conduct strip search);

        (h)     section 228 (Rules for conduct of strip search);

              (i)     section 229 (Safekeeping of things seized).

56AD     Arrested person to be brought before court

    (1)     If a police officer arrests a person under section 56A, the police officer must bring the person before a court as soon as practicable.

    (2)     The court may—

        (a)     for a person granted bail in the ACT—exercise the same powers in relation to bail as it has in relation to any other accused person in custody; or

        (b)     for a person granted bail in a State—

              (i)     release the person unconditionally; or

              (ii)     grant the person bail subject to the conditions that the court considers appropriate; or

              (iii)     remand the person in custody for a reasonable time while a warrant for the person's arrest is obtained from the State.

    (3)     A release mentioned in subsection (2) (b) (i) does not affect the grant of bail in the State.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

Part 3     Confiscation of Criminal Assets Act 2003