Crimes Act 1961

Arrest

315 Arrest without warrant

  • (1) No one shall be arrested without warrant except pursuant to the provisions of—

    • (a) this Act; or

    • (b) some other enactment expressly giving power to arrest without warrant.

    (2) Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant—

    • (a) any person whom he finds disturbing the public peace or committing any offence punishable by imprisonment:

    • (b) any person whom he has good cause to suspect of having committed a breach of the peace or any offence punishable by imprisonment:

    • (c) [Repealed]

    • (d) [Repealed]

    • (e) [Repealed]

    (3) The foregoing provisions of this section shall be read subject to the express provisions of any enactment imposing any limitations, restrictions, or conditions on the exercise of any power to arrest without warrant conferred on any constable by that enactment in respect of any specified offence or class of offences.

    (4) Where under any enactment other than this Act any officer or person, not being a constable, has power to arrest any other person without warrant, any constable may exercise that power in the same cases and in the same manner as that officer or person.

    (5) Nothing in this section shall limit or affect any of the provisions of Part 3 (which relates to matters of justification or excuse).

    Compare: 1908 No 32 ss 358, 359, 360; 1927 No 35 ss 3D(2), 73; 1952 No 42 s 11; 1958 No 87 s 2(2); 1960 No 119 s 2(1)

    Section 315(2)(a): amended, on 26 December 1989, by section 3(5) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

    Section 315(2)(b): amended, on 26 December 1989, by section 3(5) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

    Section 315(2)(c): repealed, on 1 February 1982, by section 51(1) of the Summary Offences Act 1981 (1981 No 113).

    Section 315(2)(d): repealed, on 1 February 1982, by section 51(1) of the Summary Offences Act 1981 (1981 No 113).

    Section 315(2)(e): repealed, on 1 February 1982, by section 51(1) of the Summary Offences Act 1981 (1981 No 113).