Powers of arrest

Novotel1
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Joined: Fri May 22, 2020 6:56 pm

Powers of arrest

Postby Novotel1 » Fri May 22, 2020 7:18 pm

If someone was to be suspected of the following offenses;

- drink drive exceed .05
- leave scene
- careless driving

And the person accused of committing these offenses;

- identified themselves to police when found as the person they were looking for and had a wallet full of cards to confirm identity
- complied with police allowing them to conduct a search and was not aggressive at all

Would the police have a sufficient cause to restrain the person in handcuffs and send to police station in the back of divvy van?

Apologies in advance if this has already been posted on this forum.

Hardy
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Re: Powers of arrest

Postby Hardy » Fri May 22, 2020 10:20 pm

"leave scene" is not an offence, but you probably mean "being the driver of a motor vehicle involved in an accident did fail immediately to stop the motor vehicle"

The Crimes Act says:
(1) Any person, whether a police officer or not, may at any time without warrant apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law or deliver to a police officer to be so taken, any person—
(a) he finds committing any offence (whether an indictable offence or an offence punishable on summary conviction) where he believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons, namely—
(i) to ensure the attendance of the offender before a court of competent jurisdiction;
(ii) to preserve public order;
(iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or
(iv) for the safety or welfare of members of the public or of the offender;


The Road Safety Act does not authorise an arrest for any of the offences you mention.

Novotel1
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Joined: Fri May 22, 2020 6:56 pm

Re: Powers of arrest

Postby Novotel1 » Sat May 23, 2020 6:53 am

If the police didn't have the authority to arrest but did, what impact could that have on the prosecutions case if any?

Day
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Re: Powers of arrest

Postby Day » Sat May 23, 2020 12:49 pm

identified themselves to police when found as the person they were looking for and had a wallet full of cards to confirm identity


Photo id? Was the correct name given at the first request? Did the interaction occur after a foot chase?

Novotel1
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Joined: Fri May 22, 2020 6:56 pm

Re: Powers of arrest

Postby Novotel1 » Sat May 23, 2020 1:59 pm

Day wrote:
identified themselves to police when found as the person they were looking for and had a wallet full of cards to confirm identity


Photo id? Was the correct name given at the first request? Did the interaction occur after a foot chase?



Yes many photo id's including gov issued working with children's check, bank cards, Medicare card etc. Correct name given and there was no foot chase. Was many officers at the front door when accused opened the door and confirmed he was the person of interest, there was also multiple patrol cars.

Day
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Joined: Wed Mar 19, 2008 4:51 pm

Re: Powers of arrest

Postby Day » Sat May 23, 2020 2:32 pm

Was another vehicle involved in the collision? Did someone get injured?

Novotel1
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Joined: Fri May 22, 2020 6:56 pm

Re: Powers of arrest

Postby Novotel1 » Sat May 23, 2020 2:44 pm

Day wrote:Was another vehicle involved in the collision? Did someone get injured?


No vehicle was crashed into a tree.
No injuries.

Day
Posts: 1599
Joined: Wed Mar 19, 2008 4:51 pm

Re: Powers of arrest

Postby Day » Sat May 23, 2020 2:55 pm

Did it occur in Victoria or NSW?

Novotel1
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Joined: Fri May 22, 2020 6:56 pm

Re: Powers of arrest

Postby Novotel1 » Sat May 23, 2020 3:04 pm

Day wrote:Did it occur in Victoria or NSW?


Victoria

Slattery
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Re: Powers of arrest

Postby Slattery » Fri Jul 03, 2020 7:22 pm

Maybe they were arrested and interviewed for an indictable offence but after all the evidence was gathered it was decided to only charge with summary offences?

Novotel1
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Joined: Fri May 22, 2020 6:56 pm

Re: Powers of arrest

Postby Novotel1 » Fri Jul 03, 2020 8:38 pm

Slattery wrote:Maybe they were arrested and interviewed for an indictable offence but after all the evidence was gathered it was decided to only charge with summary offences?


Once person identified themselves to police at the door they were searched and from the search position placed in handcuffs and put in divvy van. Was then taken back to police station and locked in an interview room although not actually interviewed. Brought out of room for an evidentiary breath test which once failed was then placed under police caution. Then placed back in interview room for another 30 odd mins before being released with a section 51.

During time in the divvy van the police answered calls on the accused persons phone as well which I'm not sure if that's the right thing to do. Admittedly the person calling was his partner but they weren't to know as the name was saved under a knickname.


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