STATUTE POWERS

  1. Name the 3 arrest powers
    • Unconditional
    • The offender contravenes statute.

    • Conditional
    • May arrest if certain conditions are met. Only if in interest of public or offender.

    • Silent
    • No mention as to whether you can arrest or not
  2. State S52 CLCSA 1995 Vandalism
    Creates an offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse

    Silent PoA
  3. State S38 CJLSA 2010
    Creates an offence for any person to behave in a threatening or abusive manner where the behaviour is likely to cause a reasonable person to suffer fear and alarm and the person behaving in such a manner intends the behaviour to cause fear and alarm or is reckless as to whether the behaviour would cause fear or alarm.
  4. State S57 CGSA 1982
    Being in or on a building with intent of theft

    Creates an offence for any person who without lawful authority to be there, is found IN or ON any building or other premises (whether enclosed or not) or within its curtilage or in a vehicle or vessel so that, in all the circumstances it may be reasonably inferred that they intend to commit theft.
  5. State S58 CGSA 1982
    • Convicted thief in possession
    • 2 or more unspent convictions

    Creates an offence if any person has,or has recently had in his possession, any tool or other object from the possession of which it may reasonably be inferred that they intend to commit theft or have committed theft and is unable to demonstrate satisfactorily that their possession of such a tool or other object was not for the purpose of committing theft

    S59 is power of arrest
  6. What is S47 CLCSA 1995
    A person who without lawful authority or reasonable excuse has with him/her in a PUBLIC PLACE any offensive weapon commits a crime

    • Reasonable excuse
    • Tools of the trade
    • Religious reasons
    • National costume

    Any article MADE or ADAPTED for the use of causing injury to the person or INTENDED by the person having it with them for such use by either themselves or by some other person
  7. SCT 48 CLCSA 1995
    Where a constable has reasonable grounds for suspecting that any person is carrying an offensive weapon and has committed or is committing an offence under SCT 47, the constable may search without warrant and detain them for such time as is reasonably required to permit the search to be carried out and shall inform the person of the reason for detention.

    48(3) Power of arrest
  8. What is S49 CLCSA 1995
    It is an offence to have in a public place a bladed or sharply pointed article:

    Search without warrant

    Bladed - any article having a blade

    Sharply pointed - needles syringes darts

    S50 power of arrest: detain for search if suspected of having article on them.
  9. SCT 50 CLCSA 1995
    If you have reasonable grounds to suspect someone is committing an offence under SCT 49 you may search without warrant. You can detain them for a reasonable time to allow the search to be carried out

    Must inform subject

    SCT 50(3) Power of arrest
  10. Section 13 & 14 CPSA 1995
    • SCT 13
    • Power to require suspect/witness to give name and address
    • Cannot require a witness to remain whilst details verified

    • SCT 14
    • Where you have reasonable grounds to suspect that a person has committed or is committing an offence punishable by imprisonment, you may detain them and take them as quickly as reasonably practicable to a police station in order to carry out investigations into the offence and as to whether criminal proceedings should be taken against them. You may use reasonable force in exercising your powers under this section

    Questioned after SARF ( Solicitor access request form) completed

    PNB entry : time, date, Tims statement read, officer and corroborating officer details, offence, named and address, DOB, POB, nationality, police station taken to, time of arrival, time SARF'd, time and place of any subsequent move
Author
Cwm
ID
335036
Card Set
STATUTE POWERS
Description
Card
Updated