Arrest without warrant
s 546 Criminal Code: A citizen may (where the offence is such that the offender may generally be arrested without warrant: see s 5 (2) of the Criminal Code for definition):
* assist a known police officer if called upon UNLESS they know there is no reasonable ground for suspecting commission of offence.
* arrest someone found committing an offence
* arrest someone (when an offence has been committed) who they believe on reasonable grounds has committed an offence.
* arrest someone found by night who they have reasonable grounds to believe is committing an offence.
* assist a known police officer if called upon UNLESS they know there is no reasonable ground for suspecting commission of offence.
* arrest someone found committing an offence
* arrest someone (when an offence has been committed) who they believe on reasonable grounds has committed an offence.
* arrest someone found by night who they have reasonable grounds to believe is committing an offence.
Duties on Arrest
Must take before justice forthwith (or deliver to a police officer) (s 552).
May use reasonably necessary force to effect arrest (s 254) but normally not force that is intended or likely to cause death or GBH (s 257).
May use reasonably necessary force to effect arrest (s 254) but normally not force that is intended or likely to cause death or GBH (s 257).
Consequences of Breach
If the above sections are not complied with the person effecting the arrest may be subjected to charges of assault or deprivation of liberty.