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What Act outlines arrest powers in Victoria?
Crimes Act 1958 (Vic)
Commonly reffered to as citizens arrest section?
S.458
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..."
Three methods of getting someone before a court?
Arrest with a warrant
Arrest without a warrant
Summons
Is the Victoria Police badge official identification?
No! Warrant Card
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
What must VP do if they ask for your name and address?
must inform them in sufficient detail to understand offence/ suspected offence
What section of the Crimes Act 1958 (Vic) outlines name and address rights?
S.456AA
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
Don't Arrest!!
For questioning
Manager makes a Decision
Ascertain if property was stolen
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
Arrest for no matter how long is...
IMPRISONMENT
When do you lose the power of arrest?
When the offence is regulatory
When you posess there name and address (50%)
S.459 Crimes Act 1958 (Vic)?
additional powers of police to aprehend offenders
S.461 Crimes Act 1958 (Vic)?
arrest is not unlawful even if suspect did not commit offence
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
Hmmmm suicide? S.463B Crimes Act 1958 (Vic)
justified in using force to prevent commission of suicide
Christie v Leachinsky 1947, What principle did it lay down?
That upon arrest you are entitled to know
why
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
does
why
have to be technical?
Christie v Leachinsky 1947
The why does not have to be technical or precise in language
Arrest is?
the apprehension, detention of a person in order for them to answer for an alledged or suspected offence
Author
ash123
ID
76628
Card Set
Legal Environment
Description
Victoria Arrest Laws + miscellaneous
Updated
2011-04-01T16:38:58Z
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