Legal Environment

  1. What Act outlines arrest powers in Victoria?
    Crimes Act 1958 (Vic)
  2. Commonly reffered to as citizens arrest section?
  3. Primary purpose of an arrest?
    • Bring offender before a court
    • S.458(1) "...take before a bail justice or the Magistrates' Court to be dealt with according to law..."
  4. Three methods of getting someone before a court?
    • Arrest with a warrant
    • Arrest without a warrant
    • Summons
  5. Is the Victoria Police badge official identification?
    No! Warrant Card
  6. When can VP ask for your name and address?
    • when they believe on reasonable grounds;
    • you have committed/about to commit an offence
    • or may assist in an indictable offence investigation
  7. What must VP do if they ask for your name and address?
    must inform them in sufficient detail to understand offence/ suspected offence
  8. What section of the Crimes Act 1958 (Vic) outlines name and address rights?
  9. What is the reverse onus re. name and address?
    If a member of Victoria Police asks for name and address you can in turn ask for there name, rank and place of duty, orally or in writing
  10. Don't Arrest!!
    • For questioning
    • Manager makes a Decision
    • Ascertain if property was stolen
  11. When/why can you arrest? (6 reasons)
    • Bring offender before a court
    • Preserve public order
    • Stop continuation/commission/repition
    • Safety/welfare of the public and offender
    • When instructed by VP Member
    • When escaping/aiding a person from legal custody
  12. Arrest for no matter how long is...
  13. When do you lose the power of arrest?
    • When the offence is regulatory
    • When you posess there name and address (50%)
  14. S.459 Crimes Act 1958 (Vic)?
    additional powers of police to aprehend offenders
  15. S.461 Crimes Act 1958 (Vic)?
    arrest is not unlawful even if suspect did not commit offence
  16. What grade of force and why?
    S.462A Crimes Act 1958 (Vic)
    • -use force to effect or assist in lawful arrest and
    • -to prevent continuance commission completion of indictable offence
    • -force not DISPROPORTIONATE
  17. Hmmmm suicide? S.463B Crimes Act 1958 (Vic)
    justified in using force to prevent commission of suicide
  18. Christie v Leachinsky 1947, What principle did it lay down?
    That upon arrest you are entitled to know why
  19. When is the priviledge to know why gone?
    Christie v Leachinsky 1947
    When circumstances indicate that he knows why, or when offender makes it impossible to be told
  20. does why have to be technical?
    Christie v Leachinsky 1947
    The why does not have to be technical or precise in language
  21. Arrest is?
    the apprehension, detention of a person in order for them to answer for an alledged or suspected offence
Card Set
Legal Environment
Victoria Arrest Laws + miscellaneous