Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 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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